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HomeMy WebLinkAbout12-19-23 City Commission Meeting Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda D. FYI E. Commission Disclosures F. Consent F.1 Accounts Payable Claims Review and Approval (Waters) F.2 Approve City Manager Jeff Mihelich's Increase to Base Salary (Tozer) F.3 Approve the Final Plat for the Northwest Crossing Phase 2.1 Subdivision and authorize the Director of Transportation and Engineering to execute the same on behalf of the City of THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, December 19, 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. 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 1 Bozeman; the Director of Community Development to execute the improvements agreements on behalf of the City of Bozeman. Application 23203. (Quasi-Judicial)(Garber) F.4 Authorize the City Manager to Sign a Percent for Art Agreement and Waiver of Proprietary Rights with Jessica Kay Bodner for the Commissioning of "Confetti Cloud" Sculpture at the Bozeman Public Library(Ziegler) F.5 Second Amendment to the Prospera Business Network's Sub-Recipient Agreement for management of the City of Bozeman Revolving Loan Fund.(Fontenot) F.6 Authorize the City Manager to Sign a Professional Services Agreement with Cushing Terrell for Architectural, Engineering, Land Surveying, and Land Use Planning Services for the City of Bozeman's Urban Renewal Districts and a Task Order #001 for Time and Materials(Fine ) F.7 Authorize the City Manager to Sign a Professional Services Agreement with Sanderson Stewart for Architectural, Engineering, Land Surveying, and Land Use Planning Services for the City of Bozeman's Urban Renewal Districts and a Task Order #MID23-001 for 5th Avenue Pedestrian Lighting Design(Fine ) F.8 Authorize City Manager to Sign a Professional Services Agreement with TerraQuatic for Wetland Consulting Services during the Development Review Process(Krueger) F.9 Authorize City Manager to Sign a Professional Services Agreement with Naiad, LLC for Wetland Consulting Services during the Development Review Process(Krueger) F.10 Authorize the City Manager to sign a PSA with TerraQuatic, LLC for Wetland Code Revision Assistance(Ross) F.11 Authorize the City Manager to Sign a PSA with Naiad Aquatic Consultants, LLC for Wetland Code Revision Assistance(Ross) F.12 Authorize the City Manager to Sign an Amendment Two to the Professional Services Agreement with KLJ Engineering for Engineering Services Related to the Aspen Street Pedestrian Bridge and Sidewalk(DiTommaso) F.13 Authorize the City Manager to Sign Task Order #EDD23-004 with Sanderson Stewart for On- Call Miscellaneous Parking Services(Veselik) F.14 Amendment 2 to Professional Services Agreement with DOWL, LLC for the Stormwater Facilities Plan Update(Oliver) F.15 Authorize the City Manager to Sign Amendment 1 to Task Order 2023TETC-003 with Sanderson Stewart to provide Bidding and Construction Administration Services for an Rectangular Rapid Flashing Beacon on S Willson Ave at Garfield St(Lonsdale) F.16 Authorize the City Manager to Sign Amendment 2 to Task Order 2023TETC-003 with Sanderson Stewart to provide citywide Signal Timing Assistance(Lonsdale) F.17 Authorize City Manager to Sign a First Amendment to the Purchase Agreement for Furniture and Related Services for the Fire Station 2 Relocation Project under Cooperative Purchasing 2 Agreements(Henderson) F.18 Authorize the City Manager to Sign an amendment # 2 with Jacobs Engineering Group Inc. for Federal Transportation Grant Writing Services(Ross) F.19 Resolution 5537, Adoption of Annexation for the 6730 Davis Lane Annexation, Annexing 10.071 acres and Adjacent Rights-of-Way, Application 22020( Rogers) F.20 Resolution 5485, Adoption of Annexation for the Project Eighty-6 Annexation, Annexing 86 acres and Adjacent Rights-of-Way, Application 22113( Rogers) F.21 Resolution 5560, a Resolution of the City Commission of the City of Bozeman, Montana, Confirming the Appointment of Police Officers inAccordance with Montana Code Annotated 7-32-4108 and 7-32-4113.(Veltkamp) F.22 Resolution 5563, Certification of Delinquent City Assessments to the County (Hodnett) F.23 Resolution 5565, A Resolution of the City Commission, Acknowledging Receipt of Petition and Determining that Conditions Do Not Exist for the Creation of a Municipal Housing Authority in Bozeman, Montana(Fontenot) F.24 Ordinance 2135, Provisional Adoption to Establishing an Initial Zoning Designation of REMU (Residential Emphasis Mixed-Use District) in Association with the Annexation of 86 Acres, the Project Eighty-6 Annexation, Application 22113( Rogers) G. Consent II: Items Acted Upon Without Prior Unanimous Approval G.1 Ordinance 2153, Provisional Adoption to Establish an Initial Zoning Designation of REMU (Residential Emphasis Mixed-Use District) in Association with the Annexation of 10.071 Acres, the 6730 Davis Lane Annexation, Application 22020( Rogers) H. Public Comment I. Action Items I.1 Bozeman City Commission Resolution No. 5556: Adopting the Belonging in Bozeman Equity and Inclusion Plan(Hess & Lyon) I.2 Resolution No. 5559 Accepting the Gallatin Valley Sensitive Lands Protection Plan.(Henderson) J. Appointments 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. 3 J.1 Appointment to the Community Development Advisory Board(Newby) J.2 Appointments to the Economic Vitality Board(Newby) J.3 Appointments to the Sustainability Board(Newby) J.4 Appointment to the Transportation Board(Maas) J.5 Appointments to the Urban Parks and Forestry Board (Newby) J.6 Appointments to the Downtown Urban Renewal District Board (Newby) J.7 Appointments to the Downtown Bozeman Business Improvement District Board (Newby) K. FYI / Discussion L. Adjournment City Commission meetings are open to all members of the public. If you have a disability and require 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. 4 Memorandum REPORT TO:City Commission FROM:Nadine Waters, Accounts Payable Clerk Nicole Armstrong, Accounts Payable Clerk Rhonda Edwards, Accounts Payable Clerk Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:December 19, 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: December 6, 2023 5 Memorandum REPORT TO:City Commission FROM:Cassandra Tozer, Human Resources Director SUBJECT:Approve City Manager Jeff Mihelich's Increase to Base Salary MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Administration RECOMMENDATION:Approve City Manager Jeff Mihelich's increase to base salary. STRATEGIC PLAN:7.2 Employee Excellence: Recruit, retain and value a diverse, well-trained, qualified and motivated team capable of delivering superior performance. Be accountable and expect accountability from others. Make demonstrated use of good judgement a part of the evaluation process for promotions. BACKGROUND: Article V., "Compensation", in the Employment Agreement between the City of Bozeman and Jeff Mihelich allows for the City Commission to make merit based adjustments to base salary. Any merit based adjustments must be approved by a vote of the City Commission. Based on the City Commission's performance evaluation of Mr. Mihelich, conducted in December, 2023, the City Commission is voting to approve a merit increase of four and one half percent (4.5%) to base salary, to be effective January 1, 2024. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS:Increase has been included in FY24 budget. Report compiled on: December 13, 2023 6 Memorandum REPORT TO:City Commission FROM:Danielle Garber, Associate Planner Brian Krueger, Development Review Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Approve the Final Plat for the Northwest Crossing Phase 2.1 Subdivision and authorize the Director of Transportation and Engineering to execute the same on behalf of the City of Bozeman; the Director of Community Development to execute the improvements agreements on behalf of the City of Bozeman. Application 23203. (Quasi-Judicial) MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION: Having reviewed and considered the memorandum, application and submitted materials, I hereby adopt the findings presented in the memorandum for application 23203 and approve the Northwest Crossing Phase 2.1 Subdivision Final Plat and authorize the Director of Transportation and Engineering and Director of Community Development to execute the same on behalf of the City of Bozeman. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: On February 7, 2023, the Bozeman City Commission conducted their review of the Preliminary Plat application for Northwest Crossing Phase 2, application no. 22129, and voted unanimously to approve the preliminary plat application. The findings of fact for the preliminary plat application may be found in the Public Folder for project 22129 . Following the installation of required infrastructure, the Applicant made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Northwest Crossing Phase 2, Phase 1 (also referred to as Phase 2.1) Subdivision Final Plat to create 45 single household lots, 2 city park lots, 6 open space tracts, and all associated easements and rights of way on 32.73 acres. 7 The County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to subdivide have been paid. Attached is a memorandum from Danielle Garber, Associate Planner, stating staff has concluded that all terms and conditions of the preliminary plat approval have been met. Improvements Agreements are required for final plat approval of this subdivision. The improvements agreements guarantee the installation of sidewalks fronting all lots, the installation of the public irrigation well, park and open space irrigation and landscaping improvements, and street lighting. All guaranteed improvements must be installed within twelve (12) months of the filing of the final plat. All other necessary infrastructure improvements are constructed. UNRESOLVED ISSUES:None ALTERNATIVES:None suggested FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Attachments: 23203 Certificate of City Attorney.pdf 23203 Final Plat.pdf 23203 FP Transmittal Legal V2.pdf Report compiled on: December 7, 2023 8 9 R=7929.59'L=577.49'Δ=4°10'22"L300C300L301C301L302L303S89°27'45"W 539.55'N0°32'14"W 690.00'N89°27'45"E 561.90'S1°16'44"E83.10'N89°44'34"E 215.70'L201N90°00'00"W 464.24'L202L203N11°23'09"W 154.38'N89°27'45"E 554.50'S0°32'14"E 531.43'R=150.00'L=41.71'Δ=15°55'58"L110L103L104L105N90°00'00"W 235.00'L106L107S0°00'00"E 135.00'S0°58'19"E60.01'S0°00'00"E 179.76'N90°00'00"W 191.88'L108L100L101S0°00'00"E 135.00'L102R=830.00'L=164.94'Δ=11°23'09"N0°00'00"E 423.08'L109L200RESTRICTEDLOT 3A12.06 acs.RESTRICTEDLOT 1A4.75 acs.RESTRICTEDLOT 2A7.95 acs.R =7929.59' L=110 3.29' Δ =7°58'19" CB=S3°00'10 "E CH=110 2.40'R=7929.59'L=525.80'Δ=3°47'57"S0°59'41"W 118.01'S78°41'34"W 652.42 'R=185.50'L=34.87'Δ=10°46'12"S89°27'46"W 661.95'458.07'PARCEL LINE DATASEGMENTL300L301L302L303LENGTH47.85121.1534.5441.16DIRECTIONN90° 00' 00"EN87° 01' 32"WS90° 00' 00"EN0° 00' 00"EPARCEL LINE DATASEGMENTL100L101L102L103L104L105L106L107L108L109L110LENGTH18.8485.0085.0060.0038.0067.5067.5030.0048.5430.4266.15DIRECTIONN0° 00' 00"ES90° 00' 00"EN90° 00' 00"WN0° 00' 00"EN90° 00' 00"ES0° 00' 00"EN0° 00' 00"WN90° 00' 00"WS16° 28' 13"EN78° 41' 34"ES16° 12' 27"EPARCEL LINE DATASEGMENTL200L201L202L203LENGTH29.8233.49124.3860.00DIRECTIONN78° 41' 34"EN16° 28' 13"WS11° 23' 09"ES78° 41' 34"WPARCEL CURVE DATASEGMENTC300C301LENGTH37.3842.05RADIUS720.00810.00DELTA002° 58' 27.89"002° 58' 27.83"PLOTTED DATE: Nov/06/2023 PLOTTED BY: cooperkrauseDRAWING NAME: N:\6787\003-Ph1-Design+MassGrading\ACAD\Survey\Final Plat\6787.003_NWX-PH-2.1-FinalPlat.dwg1/4 SEC.SECTIONTOWNSHIPRANGEPROJ. #:SHEET OFCOUNTY,DATE:SCALE:CLIENT:FIELD WORK:DRAWN BY:CHECKED BY:©COPYRIGHT MORRISON-MAIERLE, INC.,2023engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718Phone: 406.587.0721Fax: 406.922.670231.GALLATIN5659.0041" = 100'08/2023JCWJCHMMI 5E 2S 4 NEPROJECTAREALAUREL PKWY BAXTER LN.OAK ST.DURSTON RD.FERGUSON AVE.DAVIS LN.SCALE: 1" = 2000'VICINITY MAPOWNERWILLIAMS HOMES2387 GALLATIN PARK DRIVESUITE 102BOZEMAN, MT 59715BASIS OF BEARINGBobcat Coordinate System, NAD83(2011) per the"Rocky Mountain Tribal Coordinate ReferenceSystem" Handbook and User Guide, PublishedSeptember 30th, 2014 and subsequent revisions,established by observations with survey-gradeGNSS receivers.PURPOSETO CREATE 45 SINGLE FAMILY LOTS, 2 PARKS, 6OPEN SPACE TRACTS, 2 STORM WATER TRACTSAND DEDICATION OF PUBLIC RIGHTS-OF-WAYBEING RESTRICTED LOTS 1, 2 & 3 OF NORTHWEST CROSSING SUBDIVISION PHASE 1PLAT J-711-A, LOCATED IN THE NE1/4 OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 5 EAST,PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.FINAL PLAT ofNORTHWEST CROSSING SUBDIVISION PHASE 2.1ZONINGCITY OF BOZEMANREMUN. COTTONWOOD RD. NORTHWESTCROSSING SUB. PH. 1LOT 1LOT 24LOT 23STORMWATER TRACT 9LOT31LOT 12B LOT 5A LOT30LOT29LOT32LOT33LOT 5 LOT 4A LOT 4 O.S. 13 LOT 6 LOT 6A LOT 7 LOT 12A LOT 11B LOT 11A LOT 13A LOT 13B LOT 14A LOT 14B LOT 7A LOT 22LOT 21LOT 20LOT 19LOT 17O.S.8LOT 16LOT 15LOT 18LOT 6LOT 5LOT 4LOT 7O.S.7LOT 8LOT 9LOT 12 LOT 13 LOT 11 LOT 10 LOT 14 O.S.6 O.S. 5 LOT 2LOT 3O.S. 15O.S. 16O.S. 14 STORMWATERTRACT 10DAYSPRING AVE. (60')BRIARWOOD LANE (60')ALLEY (20')ALLEY (28')ALLEY (20')ALLEY (20')TOUCHSTONE LANE (60')HARVEST PARKWAY (71')BLOCK 8BLOCK 8 BLOCK 9BLOCK 10PARK 2PARK 3O.S. 17BLOCK 11BLOCK 9LOT 3NORTHWESTCROSSING SUB . PH . 1LOT 2NORTHWESTCROSSING SUB . PH . 1LOT 1NORTHWESTCROSSING SUB . PH . 1LOT 14NORTHWESTCROSSING SUB . PH . 1 COTTONWOOD ROAD (120')BAXTER LANE 100') NORTHWESTCROSSING SUB. PH. 1 NORTHWESTCROSSING SUB. PH. 1REMAINDER TRACT 1 LINE DATAREMAINDER TRACT 2 LINE DATAREMAINDER TRACT 3 LINE DATAREMAINDER TRACT 3 CURVE DATAPHASE 2.1BOUNDARYPHASE 2.1BOUNDARYI, Jon C. Wilkinson, Montana Professional Land Surveyor License No. 16411LS, hereby certify that thePreliminary Plat of Northwest Crossing Subdivision was surveyed under my supervision between July2023 and September 2023, and platted the same as shown on the accompanying plat and asdescribed in accordance with the provisions of the Montana Subdivision and Platting Act, §76-3-101through §76-3-625, M.C.A., and the Bozeman Unified Development Ordinance. I further certify thatmonuments which have not been set by the filing date of this instrument will be set by December 1,2023, due to public improvements construction pursuant to 24.183.1101(1)(d) A.R.M.Dated this___________day of_________________, 2023.________________________________________________________Jon C. Wilkinson, PLS, CFedSMT Reg. #16411LSMorrison-Maierle, Inc.CERTIFICATE OF SURVEYORI, Eric Semerad, Clerk and Recorder of Gallatin County, Montana, do hereby certify that the foregoinginstrument was filed in my office at _______ o'clock, __________(a.m., or p.m.), this _________ dayof ______________, 2023, and recorded in Book ______ of Plats on page __________, andDocument # ____________________, Records of the Clerk and Recorder, Gallatin County, Montana.Dated this __________ day of ____________________, 2023.________________________________________Eric SemeradClerk and RecorderGallatin County, MontanaCERTIFICATE OF CLERK AND RECORDERI, Jennifer Blossom, Treasurer of Gallatin County, Montana, do hereby certify that the accompanyingplat has been duly examined and that all real property taxes and special assessments assessed andlevied on the land to being divided have been paid.Dated this __________ day of ____________________, 2023.________________________________________Jennifer BlossomTreasurerGallatin County, Montana_________________________________________Tax ID No._________________________________________Tax ID No.CERTIFICATE OF COUNTY TREASURERI, ________________, Director of Transportation and Engineering, City of Bozeman, Montana, dohereby certify that the accompanying plat has been duly examined and has found the same to conformto the law, approve it, and hereby accept the dedication to the City of Bozeman for the public use ofany and all lands shown on the plat as being dedicated to such use.Dated this __________ day of ____________________, 2023.________________________________________Director of Transportation and EngineeringNorthwest Crossing Subdivision, Phase 2.1, Gallatin County, Montana, is within the City of Bozeman,Montana, a first class municipality, and with the planning area of the Bozeman growth policy whichwas adopted pursuant to Section 76-1-601 et seq., MCA, and can be provided with adequate stormwater drainage and adequate municipal facilities. Therefore under the provisions of Section76-4-125(1)(d), MCA, this survey is excluded from the requirement for Montana Department ofEnvironmental Quality review.Dated this ________________________ day of _______________________________, 2023.________________________________Director of Transportation and EngineeringCERTIFICATE OF EXCLUSION FROM MONTANADEPARTMENT OF ENVIRONMENTAL QUALITY REVIEWCERTIFICATE OF DIRECTOR OF PUBLIC WORKSWILLIAMS COMMUNITIES, LLCBy:_____________________________________________________________________________________________________, Authorized Representative DatedState of ____________________________________County of ___________________________________On this _______ day of __________________, 2023, before me, the undersigned Notary Public forthe State of _____________________ personally appeared __________________, known to me tobe the Authorized Representative of ___________________ and acknowledged to me that said_____________________ executed the same.Notary Public in and for the State of ___________________Printed Name _____________________________________Residing at _______________________________________My commission expires _____________________________Signature ________________________________________CERTIFICATE OF DEDICATIONWe, the undersigned mortgagees or encumbrancers do hereby join in and consent to the described plat, releasing ourrespective liens, claims, or encumbrances as to any portion of said lands now being platted into streets, avenues, parcels orother public areas which are dedicated to Gallatin County for the public use and enjoyment.CONSENT OF MORTGAGEEDated this _________________________ day of _________________________, 20___.____________________________________________________________________________Opportunity Bank of Montana By: __________________________ Authorized Signatory STATE OF MONTANA ) :ssCOUNTY OF GALLATIN ) This instrument was acknowledged before me on __________________, 20___, the undersigned Notary Public,personally appeared _____________________, known to me to be Authorized Signatory of Opportunity Bank ofMontana who signed the foregoing instrument and acknowledged to me that Opportunity Bank of Montana executedthe same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first above written. ________________________________[signature] Notary Public for the State of Montana( S E A L ) ________________________________ [printed name] Residing at:________________, ___________ (City) (State) My commission expires:____________, 20___We, the undersigned property owners, do hereby certify that we have caused to be surveyed,subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, asshown by the plat hereunto included the following described tract of land to wit:Northwest Crossing Subdivision, Phase 2.1, being Restricted Lots 1, 2 and 3 of Phase 1 ofNorthwest Crossing Subdivision, Plat J-711-A; situated in the NE ¼ of Section 4, Township 2 South,Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana, more particularlydescribed as follows:Beginning at the southwest corner of Restricted Lot 2 of the Final Plat of Northwest CrossingSubdivision - Phase 1 Plat J-711-A, the Point of Beginning; thence N.11°23'09"W. for a distance of154.38 feet; thence along a curve to the right having a radius of 830.00 feet and a central angle of11°23'09" for an arc length of 164.94 feet and a chord bearing of N.5°41'34"W. for 164.67 feet; thenceN.0°00'00"E. for a distance of 423.08 feet; thence N.89°27'45"E. for a distance of 554.50 feet; thenceN.0°32'14"W. for a distance of 690.00 feet to the south right-of-way of Baxter Lane; thenceN.89°27'45"E. for a distance of 561.90 feet; thence S.1°16'44"E. for a distance of 83.10 feet; thenceN.89°44'34"E. for a distance of 215.70 feet to the west right-of-way of Cottonwood Road; thencealong a curve to the right having a radius of 7929.59 feet and a central angle of 7°58'19" for an arclength of 1103.29 feet and a chord bearing of S.3°00'10"E. for 1102.40 feet; thence S.0°59'41"W. for adistance of 118.01 feet to the north right-of-way of Harvest Parkway; thence S.89°27'46"W. for adistance of 661.96 feet; thence along a curve to the left having a radius of 185.50 feet and a centralangle of 10°46'12" for an arc length of 34.87 feet and a chord bearing of S.84°04'40"W. for 34.82 feet;thence S.78°41'34"W. for a distance of 652.42 feet to the the Point of Beginning.The area of the above described parcel of land is 32.73 acres, more or less.The above-described tract of land is to be known and designated as “Northwest CrossingSubdivision Phase 2.1”, City of Bozeman, Gallatin County, Montana; and the lands included in allstreets, avenues, alleys, and parks or public lands shown on said plat are hereby granted anddonated to the City of Bozeman for the public use and enjoyment. Unless specifically listed herein, thelands included in all streets, avenues, alleys, and parks or public lands dedicated to the public areaccepted for public use, but the City of Bozeman accepts no responsibility for maintaining the same.The owner agrees that the City of Bozeman has no obligation to maintain the lands included in allstreets, avenues, alleys, and parks or public lands, hereby dedicated to public use. The landsincluded in all streets, avenues, alleys, and parks or public lands dedicated to public for which the Cityof Bozeman accepts responsibility for maintenance are Briarwood Lane, Dayspring Avenue,Touchstone Lane, Park 2, and Park 3.The undersigned hereby grants unto each and every person firm or corporation, whether public orprivate, providing or offering to provide telephone, electric power, gas, internet, cable television orother similar utility or service, the right to the joint use of an easement for the construction,maintenance, repair and removal of their lines and other facilities in, over, under and across eacharea designated on this plat as "Utility Easement" to have and to hold forever.NOTICE IS HEREBY GIVEN to all potential purchasers of Restricted Lots 1A, 2A, & 3A, of theNorthwest Crossing Subdivision, Phase 2.1, City of Bozeman, Gallatin County, Montana, that the finalplat of the subdivision was approved by the Bozeman City Commission without completion of on andoff site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38.270 ofthe Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that anyuse of this lot is subject to further subdivision, and no development of this lot shall occur until all onand off site improvements are completed as required under the Bozeman Municipal Code.THREREFORE, BE ADVISED, that Building Permits will not be issued for Restricted Lots 1A, 2A, &3A, of the Northwest Crossing Subdivision, Phase 2.1, City of Bozeman, Gallatin County, Montanauntil all required on and off site improvements are completed and accepted by the City of Bozeman.No building structure requiring water or sewer facilities shall be utilized on this lot until this restriction islifted. This restriction runs with the land and is revocable only by further subdivision or the writtenconsent of the City of Bozeman.CERTIFICATE OF COMPLETION OF IMPROVEMENTSI, __________________ and I, ________________________, a Registered Professional Engineerlicensed to practice in the State of Montana, hereby certify that the following improvements, required tomeet the requirements of Chapter 38 of the Bozeman Municipal Code or as Conditions of Approval ofthe Final Plat of The Northwest Crossing Subdivision have been installed in conformance with theapproved plans and specifications, or financially guaranteed and covered by the improvementsagreement accompanying this plat.Installed Improvements:1.Street Improvements2.Sewer and Water Improvements3.Storm Water ImprovementsFinancially Guaranteed Improvements:1.Roadway Lighting2.Park Landscaping and Irrigation3.SidewalksThe subdivider hereby warrants against defects in these improvements for a period of two years fromthe date of acceptance by the City of Bozeman.The subdivider grants possession of all public infrastructure improvements to the City of Bozeman andthe City hereby accepts possession of all public infrastructure improvements, subject to the aboveindicated warranty.____________________________________________________________________________________ Authorized RepresentativeDatedWILLIAMS COMMUNITIES, LLC___________________________________________________________________Matt E. Ekstrom, PE DatedMT Reg. No. 10853PEMorrison Maierle, Inc.___________________________________________________________________DatedDirector of Transportation and EngineeringAll streets, alleys, and right-of-way, shown hereon as "DEDICATED", are not easements. The intent ofdedication is to convey all the streets, alleys, and right-of-way to the public, upon acceptance by thegoverning authority,DEDICATION AND EASEMENT NOTE333434P.O.B.LEGENDSet a rebar 5/8" diam., with anorange plastic cap, "MMI 16411LS".Found 2" diam. AC "12251 LS" per C.C.R. Book 5Page 474. Document # 2671918Found 2 diameter MDT A.C. perC.C.R. Book 3, Page 922.Document No. 2294184(R1) Final Plat Northwest Crossing PH 1 Plat J-711-ACalculated point - Not SetFound 2" diameter AC per C.C.R. Book 4,Page 276. Document No. 2412303.SECTION CORNER.SEE C.C.R. DOC.#241230320.0' GAS PIPELINEEASEMENTDOC. 2329665PUBLIC STREET ANDUTILITY EASEMENTDOC. 264928010.0' PUBLICUTILITY EASEMENTDOC. 2649281PUBLIC STREET ANDUTILITY EASEMENTDOC. 2649280PUBLIC STREET ANDUTILITY EASEMENTDOC. 2649280PUBLIC STREET ANDUTILITY EASEMENTDOC. 2649280(R1)(R1)(R1)(R1)(R1)(R1)(R1)(R1)(R1)(R1)(R1)(R1)(R1)60.0' PUBLIC STREET ANDUTILITY EASEMENTDOC. No. 278219860.0' PUBLIC STREET ANDUTILITY EASEMENTDOC. No. 278220160.0' PUBLIC STREET ANDUTILITY EASEMENTDOC. No. 278220010 PARK 020.83 acs.LOT 293172 sq.ft.O.S. 065130 sq.ft.LOT 333173 sq.ft.LOT 323173 sq.ft.LOT 313173 sq.ft.LOT 303173 sq.ft.O.S. 054050 sq.ft.LOT 23344 sq.ft.LOT 34719 sq.ft.LOT 73344 sq.ft.O.S. 152240 sq.ft.LOT 93481 sq.ft.O.S. 072640 sq.ft.LOT 83368 sq.ft.LOT 53344 sq.ft.LOT 63344 sq.ft.LOT 43927 sq.ft.LOT14B3732 sq.ft.LOT5A2487 sq.ft.LOT5B2487 sq.ft.LOT6A2487 sq.ft.LOT6B2487 sq.ft.LOT7A2487 sq.ft.O.S. 132400 sq.ft.LOT4A2487 sq.ft.LOT4B2487 sq.ft.LOT 105005 sq.ft.LOT 113344 sq.ft.LOT 123344 sq.ft.LOT 133344 sq.ft.LOT11A2479 sq.ft.LOT12B2479 sq.ft.LOT13B2479 sq.ft.LOT11B2479 sq.ft.LOT12A2479 sq.ft.LOT13A2479 sq.ft.O.S. 142393 sq.ft.LOT14A2479 sq.ft.STORMWATERTRACT 090.26 acs.LOT 164720 sq.ft.LOT 234575 sq.ft.O.S. 083730 sq.ft.LOT 174724 sq.ft.LOT 184716 sq.ft.O.S. 172626 sq.ft.LOT 194702 sq.ft.LOT 145870 sq.ft.LOT 204681 sq.ft.O.S. 163898 sq.ft.LOT 214652 sq.ft.LOT 154708 sq.ft.LOT 224617 sq.ft.LOT 247258 sq.ft.LOT 15227 sq.ft.19.44'26.48'L=40.49'50.57'L=60.70'S90°00'00"W 119.79'38.00' L=38.02'120.98'38.00' L=38.01'122.00'122.83'38.00' L=38.01'123.48'38.00' L=38.01' 38.00' L=38.00'123.95'38.00' L=38.00'124.24'38.00' L=38.00'124.35'30.00' L=30.00'124.30'38.00' L=38.00'124.08'38.00' L=38.00'N90°00'00"W 123.68'L=13.47'74.64'20.48'N90°00'00"W 88.00'61.57'88.00'38.00' 38.00'32.00'C255.00'C152.71' 23.00'88.00'43.71'C455.00'C338.00'88.00'38.00' 38.00'88.00'38.00' 38.00'88.00'38.00'88.02'L=4.30'25.70' 30.00'38.00'89.69'L=38.04'N90°00'00"W 93.65'C6 C5 38.00'C8C7 2.00'C961.03'S0°00'00"E 30.00' S0°00'00"E 195.00' S0°00'00"E 195.00'S0°00'00"E0.70'L1 C13C14S0°00'00"E 110.66'N90°00'00"E324.39'N90°00'00"E135.59'N90°00'00"E102.85'N0°00'00"E 315.00' N0°00'00"E 139.63'N90°00'00"E 128.00'N90°00'00"E332.49'S90°00'00"E30.00'S90°00'00"E4.54'R=780.00'L=40.49'Δ=2°58'28"S87°01'32"E 121.15'R=750.00'L=38.93'Δ=2°58'28"N90°00'00"E49.27'57.12' 63.08'20.03'20.00'67.50'47.00'67.50'47.00'67.50'47.00'47.00'67.50'47.00'47.00'67.50'47.00'47.00'47.00'67.50'47.00'38.00'135.00'38.00'30.00'30.00'135.00' 135.00' 135.00'30.00'80.00' 80.00'31.08'30.00'80.00'31.08'31.08'80.00'31.08'31.08'80.00'31.08'31.08'80.00'31.08'31.08'80.00'31.08'31.08'80.00'31.08'31.08'80.00'46.97'31.08'LOT7B57244 sq.ft.53.48'C12L2L=50.38'85.00'135.00'85.00'135.00'30.00'79.76'30.00'79.76'31.08'79.76'31.08'31.08'79.76'31.08'31.08'79.76'31.08'31.08'79.76'31.08'31.08'79.76'31.08'31.08'79.76'31.08'31.08'79.76'31.08'46.79'79.76'46.79'85.71'C1146.95'88.00'56.95'38.00'88.00'38.00'38.00'88.00'38.00'38.00'88.00'38.00'29.98'88.01'65.93'67.48'28.00'79.85'C1012.00'L=32.99'20.02'STORMWATERTRACT 100.01 acs.N11°23'09"W 124.38'N90°00'00"E 464.24'S16°28'13"E33.49'S78°41'34"W 458.07'PARK 030.32 acs.25.00'S89°27'46"W 365.21'R=185.50'L=34.87'Δ=10°46'12"S78°41'34"W 74.11'N16°28'13"W48.54'N90°00'00"E 486.26'12.20'9.98'S89°27'46"W 236.72'N90°00'00"E 236.88'30.00'30.00'30.42'29.82'20.00'30.00'30.00'30.00'30.00' 30.03'30.03'20.00'L3R=7929.59'L=525.80'Δ=3°47'57"S0°59'41"W 118.01'N90°00'00"E 85.01'N0°00'00"E 165.00'N90°00'00"W 86.03'N0°00'00"E 60.00' S0°00'00"E 51.28'N90°00'00"W60.00'N0°00'00"E 51.68'S90°00'00"E 235.00'S0°00'00"ES0°58'19"E N90°00'00"WN0°00'00"W67.50'S0°00'00"EN90°00'00"E 191.88'S0°00'00"E67.50'N90°00'00"WS0°00'00"E S90°00'00"EN0°00'00"E 60.00' 60.00'S90°00'00"E34.54'R=810.00'L=42.05'Δ=2°58'28"S87°01'32"E121.15'N90°00'00"E47.85'R=720.00'L=37.38'Δ=2°58'28"PARCEL LINE DATASEGMENTL1L2L3LENGTH2.302.302.30DIRECTIONS6° 56' 23"WS6° 56' 23"WN6° 56' 23"EPARCEL CURVE DATASEGMENTC1C2C3C4C5C6C7C8C9C10C11C12C13C14LENGTH10.3536.1336.1310.3521.8514.0522.1911.6036.1320.4210.3527.6156.743.82RADIUS23.0023.0023.0023.00530.00470.00470.0023.0023.0013.0023.00470.00500.00500.00DELTA025° 46' 17.26"090° 00' 00.00"090° 00' 00.00"025° 46' 17.26"002° 21' 45.11"001° 42' 46.27"002° 42' 17.06"028° 54' 25.00"090° 00' 00.00"090° 00' 00.00"025° 46' 17.26"003° 21' 58.10"006° 30' 08.47"000° 26' 15.02"PLOTTED DATE: Nov/06/2023 PLOTTED BY: cooperkrauseDRAWING NAME: N:\6787\003-Ph1-Design+MassGrading\ACAD\Survey\Final Plat\6787.003_NWX-PH-2.1-FinalPlat.dwg1/4 SEC.SECTIONTOWNSHIPRANGEPROJ. #:SHEET OFCOUNTY,DATE:SCALE:CLIENT:FIELD WORK:DRAWN BY:CHECKED BY:©COPYRIGHT MORRISON-MAIERLE, INC.,2023engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718Phone: 406.587.0721Fax: 406.922.670232.GALLATIN5659.0041"=50'08/2023JCWJCHMMI 5E 2S 4 NEBASIS OF BEARINGBobcat Coordinate System, NAD83(2011) per the"Rocky Mountain Tribal Coordinate ReferenceSystem" Handbook and User Guide, PublishedSeptember 30th, 2014 and subsequent revisions,established by observations with survey-gradeGNSS receivers.PUBLIC UTILITY EASEMENTS (P.U.E.)DAYSPRING AVE. (60')BRIARWOOD LANE (60')ALLEY (28')ALLEY (20')TOUCHSTONE LANE (60')HARVEST PARKWAY (71')BLOCK 8BLOCK 8BLOCK 9BLOCK 10BLOCK 11BLOCK 9COTTONWOOD ROAD (120')ALLEY (20')ALLEY (20')PHASE 2.1BOUNDARYPHASE 2.1BOUNDARYLOT 3NORTHWESTCROSSING SUB . PH . 1LOT 2NORTHWESTCROSSING SUB . PH . 1LOT 1NORTHWESTCROSSING SUB . PH . 1LOT 14NORTHWESTCROSSING SUB. PH. 1RESTRICTEDLOT 2A7.95 acs.NORTHWESTCROSSING SUB. PH. 1RESTRICTEDLOT 1A4.75 acs.NORTHWESTCROSSING SUB. PH. 1RESTRICTEDLOT 3A12.06 acs.NORTHWESTCROSSING SUB. PH. 1PHASE 2.1- LINE DATAPHASE 2.1- CURVE DATALEGENDSet a rebar 5/8" diam., with anorange plastic cap, "MMI 16411LS".Found 2" diam. AC "12251 LS" per C.C.R. Book 5Page 474. Document # 2671918Found 2 diameter MDT A.C. perC.C.R. Book 3, Page 922.Document No. 2294184Found 2" diameter AC per C.C.R. Book 4,Page 276. Document No. 2412303.60.0' PUBLIC STREET ANDUTILITY EASEMENTDOC. No. 278219860.0' PUBLIC STREET ANDUTILITY EASEMENTDOC. No. 2782201TEMPORARY10' GROUNDWATER DRAINEASEMENT WILL CEASE TO EXIST WHENFUTURE DEVELOPMENT ACROSS THISAREA IS COMPLETED60.0' PUBLIC STREET ANDUTILITY EASEMENTDOC. No. 2782200BEING RESTRICTED LOTS 1, 2 & 3 OF NORTHWEST CROSSING SUBDIVISION PHASE 1PLAT J-711-A, LOCATED IN THE NE1/4 OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 5 EAST,PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.FINAL PLAT ofNORTHWEST CROSSING SUBDIVISION PHASE 2.11FT NO ACCESS STRIP(TYPICAL ALL OF BLOCK 9 ADJACENTTO COTTONWOOD ROAD)1FT NO ACCESS STRIP(TYPICAL ALL OF BLOCK 9ADJACENT TO HARVEST PARKWAY)1FT NO ACCESS STRIP(TYPICAL ALL OF BLOCK 9 ADJACENT TOTOUCHSTONE LANE)PUBLIC STREET ANDUTILITY EASEMENTDOC. 264928020.0' GAS PIPELINEEASEMENTDOC. 232966510.0' PUBLICUTILITY EASEMENTDOC. 2649281KEY NOTES10' PUBLIC UTILITY EASEMENT DOC# 264928110' PUBLIC UTILITY EASEMENT PER NORTHWEST CROSSINGSUBDIVISION PHASE 1 - PLAT J-711-A10' PUBLIC UTILITY EASEMENT PER THIS PLAT5' PUBLIC UTILITY EASEMENT PER THIS PLAT30.0' WATER AND SEWER EASEMENT DOC# ___________________2132221113TWIN LAKES AVENUE (66')ROSA WAY (60')333333333343310' GROUNDWATERDRAIN EASEMENTCalculated point - Not Set444430.0' PUBLIC UTILITYEASEMENT (TYP.)30.0' PUBLIC UTILITYEASEMENT (TYP.)30.0' PUBLIC UTILITYEASEMENT (TYP.)30.0' PUBLIC UTILITYEASEMENT (TYP.)TEMPORARYWATER, EASEMENTDOC..______________TEMPORARYACCESS, WATER,SEWER AND STORMWATER EASEMENTDOC..______________TEMPORARYWATER, EASEMENTDOC..______________33.554.11 PLOTTED DATE: Nov/07/2023 PLOTTED BY: cooperkrauseDRAWING NAME: N:\6787\003-Ph1-Design+MassGrading\ACAD\Survey\Final Plat\6787.003_NWX-PH-2.1-FinalPlat.dwg1/4 SEC.SECTIONTOWNSHIPRANGEPROJ. #:SHEET OFCOUNTY,DATE:SCALE:CLIENT:FIELD WORK:DRAWN BY:CHECKED BY:©COPYRIGHT MORRISON-MAIERLE, INC.,2023engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718Phone: 406.587.0721Fax: 406.922.670233.GALLATIN5659.00408/2023JCWJCHMMI 5E 2S 4 NECONDITIONS OF APPROVAL SHEET forConditions of Approval:Buyers of property should ensure that they have obtained and reviewed all sheets of the plat and alldocuments recorded and filed in conjunction with the plat and buyers of property are stronglyencouraged to contact the local planning department and become informed of any limitations on the useof the property prior to closing.The undersigned property owner acknowledges that there are federal, state, and local plans, policies,regulations, and/or conditions of subdivision approval that may limit the use of the property, includingthe location, size, and use.1.All street rights-of-way contiguous to or within the proposed development site not used forstreet pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall belandscaped, as defined in the Bozeman Municipal Code, and shall include one (1) large canopytree for each 50 feet of total street frontage rounded to the nearest whole number. For streettrees, a City of Bozeman planting permit for street trees and obtaining utility locations beforeany excavation begins in the City of Bozeman right-of-way. The subdivision landscape plansshall contain a planting note stating that the planting hole shall be at least twice the diameter ofthe root ball, that the root flare of the newly planted tree is visible and above ground, and thereshall be a mulch ring 3'- 4' in diameter around each newly planted boulevard tree.2.City standard sidewalks (including a concrete sidewalk section through all private driveapproaches) shall be constructed on all public and private street frontages prior to occupancy ofany structure on individual lots. Upon the first (second with concurrent construction) anniversaryof the plat recordation of any phase of the subdivision, any lot owner who has not constructedthe required sidewalk shall, without further notice, construct within 30 days, the sidewalk fortheir lot(s), regardless of whether other improvements have been made upon the lot.3.Ownership of all common open space areas and responsibility of maintenance thereof and forcity assessments levied on the common open space lands shall be that of the property owners'association. Maintenance responsibility must include, in addition to the common open space allvegetative ground cover, boulevard trees and irrigation systems in the public right-of-wayboulevard strips along all external perimeter development streets and as adjacent to publicparks or other common open space areas. All areas within the subdivision that are designatedherein as common open space, including pathways, are for the use and enjoyment by theresidents of the development and the general public. The property owners' association isresponsible for levying annual assessments to provide for the maintenance, repair, and upkeepof all common open space areas and trails. At the same time of recording the final plat thesubdivider shall transfer ownership of all common open space areas to the property owners'association created by the subdivider to maintain all common open space areas within theSubdivision.4.Maintenance of stormwater infrastructure is the responsibility of the property owners'association.5.Due to the potential of high groundwater tables in the areas of the subdivision, it is notrecommended that residential dwellings or other structures with full or partial basements beconstructed without first consulting a professional engineer licensed in the State of Montanaand qualified in the certification of residential and commercial construction.6.The property owners' association is responsible for maintenance of the alleys and the parkingareas in the open space adjacent to the alleys.7.The property owners' association is responsible for maintenance of any lighting located outsideof public street rights-of-ways.8.The property owners' association is responsible for maintenance of all stormwater infrastructurelocated outside public street rights-of-way.9.Pursuant to BMC Sec. 38.410.130.C.2. The City Water adequacy requirement had beendeferred to future site development for all restricted lots. Prior to future development approvalcompliance with the City’s water adequacy requirements must be met.10.The groundwater de-watering system (drain tile) is owned and maintained by the propertyowners' association.11.Development on all OPEN SPACE is subject to further subdivision review.12.Snow removal from sidewalks within parks that serve as primary egress from private lots is theresponsibility of the property owners association.Certificate of Transfer of Ownership and Completion of Non-Public Improvements; and Conditions of Approval :The following are hereby granted and donated to the property owners association noted below for their use andenjoyment: Common Open Space parcels and designated Storm Water Tracts. Unless specifically listed in theCertificate of Dedication, the city accepts no responsibility for maintaining. The same WILLIAMS COMMUNITIES,LLC hereby further certify that the following non-public improvements, required to meet the requirements of chapter38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have beeninstalled in conformance with any approved plans and specifications prepared in accordance with the standards ofChapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivisionimprovements agreement accompanying and recorded with this plat.Installed Improvements: Stormwater PondsFinancially Guaranteed Improvements: Landscaping and IrrigationThe subdivider hereby grants ownership of all non-public infrastructure improvements to the property ownersassociation created by document number _____________________________________.We further certify that the text and/or graphics shown on the Conditions of Approval sheet represents requirementsby the governing body for final plat approval and that all conditions of subdivision application have been satisfied;and that the information shown is current as of the date of the certification, and that changes to any land userestrictions or encumbrances may be made by amendment to covenants, zoning regulations, easements, or otherdocuments as allowed by law or local regulations.Williams Communities, LLCBy: ___________________________________________________________________________________________________________, Authorized RepresentativeDatedState of ____________________________________County of ___________________________________On this ________________ day of ___________________________, 2023, before me, the undersigned NotaryPublic for the State of _____________________ personally appeared _______________________, known to meto be the Authorized Representative of Williams Communities, LLC and acknowledged to me that said Inc.executed the same.Notary Public in and for the State of ___________________Printed Name _____________________________________Residing at _______________________________________My commission expires _____________________________BEING RESTRICTED LOTS 1, 2 & 3 OF NORTHWEST CROSSING SUBDIVISION PHASE 1PLAT J-711-A, LOCATED IN THE NE1/4 OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 5 EAST,PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.FINAL PLAT ofNORTHWEST CROSSING SUBDIVISION PHASE 2.1Record Documents:Document No. 2782200 - City of Bozeman 60' Wide Public Street and Utility Easement - Baxter Lane to Rosa Way / Harvest ParkwayDocument No. 2782201 - City of Bozeman 60' Wide Public Street and Utility Easement - Baxter Lane to Twin Lakes / Harvest ParkwayDocument No. 2782198 - City of Bozeman 60' Wide Public Street and Utility Easement - Laurel Parkway to CottonwoodDocument No. 2649280 - City of Bozeman Public Street and Utility EasementDocument No. 2649281 - City of Bozeman 10' wide Public Utility Easement.Document No. 2329665 - Northwestern Energy 20' wide Gas Pipeline EasementDocument No. _______________ - 30' wide Water and Sewer EasementDocument No. _______________ - Temporary Water Easement - north side of Touchstone LaneDocument No. _______________ - Temporary Water Easement - south side of Storm Water Tract 9Document No. _______________ - Temporary Access, Water, Sewer, and Storm Water Easement - West edge of Briarwood LaneCERTIFICATE OF COMPLETION OF WATER-RELATED IMPROVEMENTSI, _____________________, hereby certify that the following improvements, necessary to meet therequirements of chapter 38 of the Bozeman Municipal Code or as a condition(s) of approval of TheFinal Plat of Northwest Crossing Subdivision, Phase 2.1, have been installed in conformance with theapproved plans and specifications, or financially guaranteed and covered by the improvementsagreement accompanying this plat.Installed Improvements: N/AFinancially Guaranteed Improvements: Well #1The subdivider hereby warrants said improvements against any and all defects for a period of twoyears from the date of acceptance by the City of Bozeman. The subdivider hereby grants ownership ofall public infrastructure improvements to the City of Bozeman and the city hereby accepts ownership ofall public infrastructure improvements, subject to the above indicated warranty.__________________ ____________________________Signature of SubdividerDated___________________ ____________________________Signature, Director of Transportation and EngineeringDatedNOTIFICATIONS AND CERTIFICATIONS(I), (We), the undersigned property owner(s), do hereby certify that the text and/or graphics shownon the Conditions of Approval sheet(s) represent(s) requirements by the governing body for final platapproval and that all conditions of subdivision application have been satisfied.(I), (We), the undersigned property owner(s), do hereby certify that the information shown is currentas of the date of this certification, and that changes to any land-use restrictions or encumbrancesmay be made by amendments to covenants, zoning regulations, easements, or other documents asallowed by law or by local regulations.(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) acknowledge thatfederal, state, and local plans, policies, regulations, and/or conditions of subdivision approval maylimit the use of the property, including the location, size, and use as shown on the Conditions ofApproval sheet or as otherwise stated. Buyers of property should ensure that they have obtainedand reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat.Buyers of property are strongly encouraged to contact the local planning department and becomeinformed of any limitations on the use of the property prior to closing.DATED this _______ day of _______, _______.(Acknowledged and notarized signatures of all record owners of platted property)12 MEMORANDUM ---------------------------------------------------------------------------------------------------------- TO: KELLEY RISCHKE, ASSISTANT CITY ATTORNEY MIKE MAAS, CITY CLERK FROM: DANIELLE GARBER, ASSOCIATE PLANNER RE: FINAL PLAT REVIEW FOR THE NORTHWEST CROSSING (NWX) PHASE 2.1 SUBDIVISION FINAL PLAT, PLANNING FILE NO. 23203 DATE: DECEMBER 7, 2023 ---------------------------------------------------------------------------------------------------------- NWX, LLC (Applicant), made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Northwest Crossing Phase 2.1 Subdivision Final Plat to create 45 single household lots, 2 city park lots, 6 open space tracts, and all associated easements and rights of way on 32.73 acres. Attached is a copy of the Findings of Fact and Order from Preliminary Plat Application, number 22129 for Northwest Crossing Phase 2 Subdivision. The Commission approved the preliminary plat for the subdivision 4-0 on February 7, 2023. The Commission approved the Findings of Fact and Order on March 7, 2023. Major multi-phased subdivision approvals are valid for three years plus extensions. Three Improvements Agreement are required for this subdivision for the following improvements: Sidewalks & Public Lighting, Parks, and Landscaping & Irrigation of Public Lands. Based on the summary review provided below, the Engineering and Planning Divisions have reviewed the application against the conditions of preliminary plat approval; and as a result, find that the Final Plat application may be approved by the City Commission. The documents listed below are attached for your review. The Community Development staff respectfully requests that you prepare City Attorney's Certificates using the attached original Platting Certificates as updated; approve the Certificates of Director of Public Works and Certificate of Completion "as to form". The final City signatures will be obtained once the City Commission has approved the final plats. A completed application was submitted to the Community Development Department on July 14, 2023 it was deemed adequate on November 27, 2023. The final plat review must complete review within a 45-day (working days) review period. The review period begins once the signed mylars are received. 13 Page 2 of 2 Note: The Community Development Department and Engineering Division have also reviewed the final plat application against the preliminary plat cited code provisions and found compliance with these code requirements. The Engineering Department has also reviewed and approved the “closure” of the final plat. The project is scheduled for consideration by the City Commission on December 19. Materials for the agenda will be uploaded on November 28 or December 4 and be finalized no later than Friday December 5. Please let me know if this will not work. Attachments: Three (3) Mylar Final Plats Subdivision guarantee Improvements Agreements (original signed) as listed below:  Agreement with WH Bozeman NWX 358 LLC for sidewalks and public lighting as described in the attached estimates. (Bond PB 03010409729 - $287,691.00)  Agreement with WH Bozeman NWX 358 LLC for parks, irrigation well, irrigation, and open space trees as described in the attached estimates. (Bond PB0301049728 - $930,530.85)  Agreement with WH Bozeman NWX 358 LLC for public landscaping as described in the attached estimates. (Bond BP 03010409727 - $187,416.00) Easements (copies) as listed below, the original easements are with Suzanne Ryan in Engineering:  Temporary water easement on a portion of Restricted Lot 1A  Temporary water easement on a portion of Restricted Lot 3A  Temporary access, water, sewer, and stormwater easement on a portion of Restricted Lot 1A  Water and sewer easement through the entirety of Open Space 7 Quitclaim Deed Stormwater to Northwest Crossing Residential Owners Sub- association Phase 2:  Open spaces 5 & 6, Block 8  Open spaces 7, 8, 15, 16, and 17, Block 9  Open spaces 13 & 14, Block 11  Stormwater Tract 9, Block 8  Stormwater Tract 10, Block 9 Warranty Deed Parks to City of Bozeman:  Park 2, Block 10  Park 3, Block 11 Northwest Crossing Subdivision Phase 2 Sub-association Declaration and CCR’s Northwest Crossing Subdivision Master Covenants (copy of recorded under 2780438) – Phase 1 Restricted Lots Findings of Fact, Preliminary Plat 14 Memorandum REPORT TO:City Commission FROM:Jon Henderson - Strategic Services Director Max Ziegler - Facilities Project Coordinator SUBJECT:Authorize the City Manager to Sign a Percent for Art Agreement and Waiver of Proprietary Rights with Jessica Kay Bodner for the Commissioning of "Confetti Cloud" Sculpture at the Bozeman Public Library MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Percent for Art Agreement and Waiver of Proprietary Rights with Jessica Kay Bodner for the Commissioning of "Confetti Cloud" Sculpture at the Bozeman Public Library STRATEGIC PLAN:5.2 Support for Public Art: Encourage and support partnerships for public art and other arts and cultural initiatives in the city. BACKGROUND:On November 10, 2020, the Bozeman City Commission adopted Ordinance No. 2056, an ordinance of the City Commission of the City of Bozeman, Montana establishing a percent for art program. This ordinance was passed in support of the Bozeman Strategic Plan section 5.2 - Support for Public Art, which called for the creation of a municipal percent for arts program. Percent for Art programs have been widely adopted by governments to support the public arts, requiring the inclusion of art in publicly funded construction projects by setting aside 1% of the construction budget for the purchase and installation of art. Since the adoption of the City of Bozeman Percent for Art Program, the first City construction project that met the program eligibility criteria (public building with construction costs in excess of $500,000) has been the 2023 Bozeman Public Library Renovation. To assist the City in establishing the processes and procedures for enacting the Percent for Art Program, it was decided to contract an art consultant. NINE dot ARTS was selected through a competitive public RFQ process, and worked with the Library Renovation project team to identify the goals, typology and intents for the Library art installation. After working with the team to distill a description of the desired art, NINE dot ARTS published a Request for Qualifications which was distributed publicly and throughout the local community. The RFQ responses were scored based on the established project criteria, and the top two submitting artists were asked to provide a proposal for a 15 suspended sculpture to be hung from the library atrium ceiling. The two proposals were evaluated by the project's art selection committee, and the submission by Montana artist Jessica Kay Bodner was selected as being the most appropriate sculpture for the space. Bodner's design for the sculpture named "Confetti Cloud" will be a whimsical, colorful and fun installation painted in shades of glossy blues, a reflection of the sky above. Inspired by nature, the abstract forms will invite viewers to create their own interpretation and meaning, fueling inspiration and conversation. The sculpture will be made of four cascading hand sculpted steel cloud shapes suspended from fine stainless steel aircraft cable. The sculpture will be installed in the Summer of 2024. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by City Commission. FISCAL EFFECTS:This contract will have fiscal effects totaling $24,687.00 for the purchase and installation of the "Confetti Cloud" sculpture, to be paid from the Bozeman Public Library Renovation Percent for Art budget. Attachments: Percent for Art Agreement - J Bodner.pdf Waiver of Proprietary Rights - J Bodner.pdf Report compiled on: December 5, 2023 16 Page 1 CITY OF BOZEMAN PERCENT FOR ART AGREEMENT THIS AGREEMENT is made and entered into this ____ day of __________, 2023 by and between the City of Bozeman, Montana, a self-governing municipal corporation operating pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave., Bozeman, MT 59771 (“City”), and Jessica Kay Bodner located at 91 Runaway Lane, Livingston MT 59047, (“Artist”). The City and Artist may be collectively referred to as the “Parties” in this Agreement. 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: This contract is agreed to pursuant to the terms outlined in Bozeman City Ordinance 2056, which established the “Percent for Art Program” in the City. City agrees to enter into this agreement with Artist to install a public art exhibit (“Artwork”), titled Confetti Cloud, located at the Bozeman Public Library, a City owned property. Such art exhibit is described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Scope of Services: Artist will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, this Agreement governs. Artwork will be specifically chosen for each project based on selection criteria developed by the City Manager or their designee, working with city staff to analyze and select appropriate locations and form. 3. Payment: City agrees to pay Artist $24,687.00, for the production and installation of the Artwork. All proprietary rights in and to the Artwork will be transferred to the City upon Artist’s installation of the Artwork, and City’s acceptance of such installation. 4. Artist Representations a. Artist represents and warrants that: i. The Artwork is an original Artwork by the Artist; ii. The Artist is the legal owner of the Artwork; iii. The Artwork does not infringe on any existing copyright; iv. The Artist has not entered into any other assignments, transfers, licenses, contracts, or mutual understandings that conflict with the terms and obligations of this Agreement; and v. There are no copyright infringement claims currently pending or threatened, nor does the Artist have any reason to believe that any copyright claims will be brought or threatened in the future. 17 Page 2 b. Artist has familiarized itself with the nature and extent of this Agreement, Ordinance 2056 and with all other local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect Artist’s performance under this Agreement. c. Artist represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations 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 for Artist to meet this warranty. 5. Permits and Compliance with Laws. Artist will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with the Artwork. 6. Title of Ownership. The City shall be the legal owner of the Artwork. Artist agrees to transfer title of ownership of the Artwork to the City upon the completion of its installation, and City’s acceptance of such installation. Artist warrants that it has the legal right to transfer the legal title of ownership to the City. 7. Installation of the Artwork. Artist, in consultation with the City, will arrange for the preparation and installation of the Artwork on or before August 15, 2024. Once installed, the City may repair, remove, or un-install the Artwork at any time. 8. Maintenance, Repairs, and Alterations. The City recognizes that maintenance of the Artwork may be necessary. Upon transfer of the title, the City retains full discretion and responsibility to maintain and protect the Artwork. In particular, the City has an interest in ensuring public safety and the structural safety of the space surrounding the Artwork. The City retains the sole right to determine whether, when, and to what extent any repairs to the Artwork will occur. The City is not obligated to provide the Artist notice before undertaking any repairs or modifications to the Artwork. However, the City shall endeavor to notify the Artist of any proposed alteration of the Artwork. Artist is responsible for maintaining a current contact person and contact information to receive such notice. The City is under no obligation to provide notice to the Artist if the Artist fails to maintain such contact information with the City. 18 Page 3 Artist agrees to indemnify, defend, and hold harmless the City against any and all liability, damage, loss, or expense, including reasonable attorneys’ fees and expenses of litigation, incurred by the City for any and all claims raised under the Visual Artists Rights Act. Should the City determine that the decommissioning of the Artwork is necessary, Artist shall have a right of first offer to negotiate with the City to reclaim physical possession of the Artwork. 9. Publicity. The Artist will coordinate with the City on publicity of the Artwork. Publicity includes, but is not limited to, any interviews, flyers, brochures, mailings, advertisement, emails social media posts, blog posts, or verbal communications of any type, either live or pre-recorded. 10. Independent Contractor Status. The Parties agree that Artist, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. Artist and its agents, employees, contractors, or subcontractors, are 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. Artist, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 11. Default and Termination. If Artist fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to Artist. The notice will set forth the items to be cured. 12. Limitation on Artist’s Damages; Time for Asserting Claim a. In the event of a claim for damages by Artist under this Agreement, Artist’s damages shall be limited to contract damages and Artist hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Artist wants to assert a claim for damages of any kind or nature, Artist must first provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event Artist fails to provide such notice, Artist shall waive all rights to assert such claim. 19 Page 4 13. Representatives a. City’s Representative. The City’s Representatives for the purpose of this Agreement shall be Max Ziegler or such other individual as City may designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission must be directed to the City’s Representatives and approvals or authorizations will be issued only by such Representatives; provided, however, that in exigent circumstances when City’s Representatives are not available, Artist may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. Artist’s Representative. Artist’s Representative for the purpose of this Agreement shall be Jessica Kay Bodner, or such other individual as Artist designates in writing. Whenever direction to or communication with Artist is required by this Agreement, such direction or communication must be directed to Artist’s Representative; provided, however, that in exigent circumstances when Artist’s Representative is not available, City may direct its direction or communication to other designated Artist personnel or agents. 14. Indemnity/Waiver of Claims/Insurance. The Artist will bear all risk of loss and damage to the Artwork until title transfers to the City, after installation and upon acceptance by the City. To the fullest extent permitted by law, Artist agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from Artist’s (i) negligence, or (ii) willful or reckless misconduct or any claims arising under U.S. Copyright law and the Visual Artists Rights Act . 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 indemnitee(s) which would otherwise exist as to such indemnitee(s). Artist’s indemnification obligations 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 Artist to assert its right to defense or indemnification under this Agreement or under Artist’s applicable insurance policies required below the indemnitee 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 Artist was obligated to 20 Page 5 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 City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Artist also waives any and all claims and recourse against the City or its officers, agents or employees, 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 his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, Artist shall at Artist’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by Artist in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by Artist in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Artist shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate, Artist may provide the City with a copy of an independent contractor exemption in lieu of this coverage;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate This section shall be read in conjunction with the indemnification provisions detailed in this Agreement. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement 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 shall be 21 Page 6 entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. 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. 18. No Assignment. Artist may not subcontract or assign Artist’s rights without the prior written consent of City. 19. No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. 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. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 22 Page 7 24. 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. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. _______________________ Date: _____________ Jeff Mihelich, City Manager City of Bozeman _______________________ Date: _____________ Jessica Kay Bodner, Artist Approved as to form: _______________________ Date: _____________ Greg Sullivan, City Attorney City of Bozeman 23 24 EXHIBIT A 25 “CONFETTI CLOUD” BY: JESSICA KAY BODNER “CLOUDS IN THE SKY VERY MUCH RESEMBLES THE THOUGHTS IN OUR MINDS, BOTH CHANGES PERPETUALLY FROM ONE SECOND TO ANOTHER” -MEHMET MURAT ILDAN CREATED FOR THE KENDEDA LOUNGE AT THE BOZEMAN PUBLIC LIBRARY 26 “Confetti Cloud” A custom site-specific aerial sculpture created for the Kendeda Hub Lounge at the Bozeman Public Library. Whimsical, colorful and fun, “Confetti Cloud” is painted in shades of glossy blues, a reflection of the sky above. Inspired by nature, the abstract forms invite viewers to create their own interpretation and meaning, fueling inspiration and conversation. The sculpture is made of four cascading hand sculpted steel cloud shapes suspended from fine stainless steel aircraft cable. 27 28 “Confetti Cloud” By: Jessica Kay Bodner ¼ scale working model *Proposed size 10’ x 8’ +/- TBD *Material: Steel *Finish: Automotive paint *Maintenance –dusting if needed *Weight 75-90lbs *Suspension- Stainless steel cable *Mounting- Bracket bolted to gluelam 29 “Confetti Cloud” By: Jessica Kay Bodner *The use of a scissor lift or scaffolding will be required for installation depending on door widths and clearances.  *A licensed general contractor will be assisting with the installation which should take less than 1 day, depending on if scaffolding or a lift is used.   * With 30 years experience creating suspended sculptures and Luminairs, I have had a UL engineering certification for over 20 years for the creation of suspended luminairs/light sculptures.  •This piece will be constructed in accordance with applicable installation codes and installed by a person/’s familiar with the construction of the product and the Hazards involved.  •The sculpture will be primed in epoxy and painted in autobody paint and will be virtually maintenance free.  •Time frame for construction is spring 2024, installation late spring/early summer (I am currently committed to a large-scale public art project for the University of Hawaii on Oahu at their new campus roundabout, installation early spring ,Feb-March 2024) *I Thank you for your consideration and would be honored to create a beautiful sculpture for the Kendeda Hub Lounge at the Bozeman Public Library for all to enjoy.   30 Waiver - Page 1 of 4 - WAIVER OF PROPRIETARY RIGHTS 1. Parties. This Waiver of Proprietary Rights (“Waiver”) made this __ day of ___________, 2023 (“Effective Date”) is by and between: Jessica Kay Bodner, with a mailing address of 91 Runaway Lane, Livingston MT 59047 (“Artist”), and City of Bozeman, with a mailing address of 121 N. Rouse Ave., Bozeman, MT 59771 (“City”). The Artist and the City are each referred to herein as a “Party” and collectively as the “Parties.” 2. Description of the Project. The Artist, through this Assignment, transfers and assigns to the City of all the Artist’s interest in: a. The following copyrighted Project (“Project”): i. Copyright #1  Author Name: Jessica Kay Bodner  Title of Project: Confetti Cloud  Located at Bozeman Public Library b. All the usual rights granted to the owner of a copyright under federal law, including but not limited to the right to reproduce, publish, adapt, modify, distribute, create derivative Projects on, display, publicize, and transmit each Project; c. The right to register, as well as applications for registrations of each Project, with the U.S. Copyright Office, including any and all renewals and extensions; d. The income, royalties, and damages due to the Artist in regards to each Project, including damages for past or future infringements and misappropriations for each Project; e. The right to sue for past, present, and future infringements and misappropriations for each Project. 3. Waiver. Artist voluntarily waives all rights to attribution and integrity with respect to the Project, as described in the Percent for Art General Contract and corresponding exhibits, and any and all claims as may arise under the Visual Artists Rights Act of 1990, 17 U.S.C. §§106A and 113(d) (”VARA”), or any other local, state, foreign or international law that conveys the same or similar rights (“moral rights laws” as defined by VARA), with respect to the Project, its display, removal from display, exhibition, installation, conservation, storage, study, alteration and any other activities conducted by the City, its officers, employees, agents, contractors, licensees, successors or assigns. If the Project is incorporated into a building such that the Project cannot be removed from the building or structure, and alternation, distortion, destruction, or other modification 31 Waiver - Page 2 of 4 - (collectively, “modification”) of the Project occurs, Artist waives any and all such claims under any moral rights laws arising out of or against any current or future owners of the City, and its agents, officers and employees, for modification of the Project. 4. Artist’s Right to Accreditation and Promotion. Artist retains the right to reproduce, publish, or display the Project in Artist’s portfolios, websites, galleries, design periodicals, or any other media or exhibit for the purpose of recognition of creative excellence or professional advancement, and to be credited with Authorship of the Project. 5. Right to Modify. The City has the absolute right and retrains the sole discretion to distort, mutilate, or other modification including, but not limited to, change, destroy, remove, relocate, move, replace, transport, repair or restore the Project, in whole or in part. The City is not required to provide the Artist with any notice of modification, however, the City will endeavor to notify Artist before undertaking modifications and repairs, pursuant to the Percent for Art General Contract. Should decommissioning be necessary, the Artist shall have a right of first offer to negotiate with the City to reclaims physical possession of the Project. 6. Third Party Claims. The City has no obligation to pursue claims against third parties for modifications or damage to the Project done without the City’s Authorization. However, the City may pursue claims against third parties for modifications or damage or to restore the Project if the Project was modified without the City’s Authorization. In the event that the City pursues such a claim, it shall notify the Artist, and Artist shall cooperate with the City’s efforts to prosecute such claims. 7. Authorship. If the City modifies the Project without the Artist’s consent in a manner that is prejudicial to Artist’s reputation, Artist retains the right to disclaim Authorship of the Project in accordance with 17 U.S.C. § 106A(a)(2) and as set forth in section 3 of this Waiver. 8. Notice. As required under the U.S. Copyright Act, the City must provide notice to the Artist if it wishes to remove the Project from a part of the building and the removal can occur without destruction or modification of the Project. Artist is required to keep the City informed of its updated mailing address. 9. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 10. 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 32 Waiver - Page 3 of 4 - 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. 11. No Third Party Beneficiary. The terms and provisions of this Assignment are intended solely for the benefit of each Party and their respective successors and assigns. It is not the Parties’ intent to confer third party beneficiary rights upon any other person or entity. 12. Choice of Law. This Assignment shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 13. Non-Waiver. A waiver by either Party of any default or breach by the other Party of any terms or conditions of this Assignment 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. 14. Severability. If any portion of this Assignment is held to be void or unenforceable, the balance of the Assignment shall continue in effect. 15. Counterparts. This Assignment may be executed in counterparts, which together constitute one instrument. 16. Assignment and Delegation. Artist may not subcontract or assign rights to any other individual or corporation not listed in this Assignment. 17. Execution. The Artist and the City each represent and warrant to the other that each person executing this Agreement on behalf of each party is duly Authorized to execute and deliver this Agreement on behalf of that party. 18. 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. Artist’s Signature: _________________________ Date: ________________ 33 Waiver - Page 4 of 4 - Print Name: _________________________ _______________________ Date: _____________ Jeff Mihelich, City Manager City of Bozeman Approved as to form: _______________________ Date: _____________ Greg Sullivan, City Attorney City of Bozeman 34 Memorandum REPORT TO:City Commission FROM:Brit Fontenot, Economic Development Director SUBJECT: Second Amendment to the Prospera Business Network's Sub-Recipient Agreement for management of the City of Bozeman Revolving Loan Fund. MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION: Approve the Second Amendment to the Prospera Business Network's Sub- Recipient Agreement for management of the City of Bozeman Revolving Loan Fund. STRATEGIC PLAN:2.1 Business Growth: Support retention and growth of both the traded and local business sectors while welcoming and encouraging new and existing businesses, in coordination with the Economic Development Plan. BACKGROUND: The Prospera Business Network (Prospera) is requesting one (1) contract amendment to the Bozeman Revolving Loan Fund Sub-Recipient Agreement dated July 27, 2020, first amended on January 5, 2021, to increase the management fee to accomodate increased costs of managing the Bozeman RLF. The amendment recommends an i ncrease the administrative fee for the management of the Bozeman RLF fund (Page 3, Section C, Sub-section 5 of the Sub-Recipient Agreement) from $34,000 to $40,000. The request for an increase in the management fee is an adjustment for management of the combined funds and take into account additional cost increases over time. Bozeman Loan Fund summary as of November 5, 2023: 4 loans total Receivable as of 11/5/23 is $639,933; Cash balance as of 11/5/23 is $142,463; and 35 Current total (not including Loan Loss Reserve) is approximately $782,396 It’s important to remember that the funds are not static: Payoffs can occur at any time; Payments are made monthly (on the 5th of each month); and Prospera accrues admin fees monthly on the Bozeman RLF. Finally, the services provided by Prospera for the management of these funds include but are not limited to (see the contract scope of services for more detail): Dedicated loan fund manager; Dedicated accountant; Specialized software licensing and training; Segregation of funds as required by law; Business counseling; 3rd party audit; Risk management; Loan committee management; and Loan default management. UNRESOLVED ISSUES:None. ALTERNATIVES:As proposed by the ity Commission. FISCAL EFFECTS:Costs associated with loan fund management are borne by the fund(s). Fiscal effects include an increase to the annual management fee from $34,000 to $40,000, a $6,000 increase. Past management fee increases include a $2,000 increase, from $32,000 to $34,000 in 2018. There is no direct cost to the City for management of the RLF funds. Attachments: doc04475520231205124124.pdf Second Amendment to the Prospera Sub Recipient Agreement 12.05.23.pdf 20- Professional Services Agreement - Prospera Block Grant Revolving Loan Fund Corona Small Bus Local Relief.pdf Report compiled on: December 13, 2023 36 37 SECOND AMENDMENT TO SUB-RECIPIENT AGREEMENT FOR PROSPERA BUSINESS NETWORK AND THE CITY OF BOZEMAN THIS SECOND AMENDMENT TO THE SUB-RECIPIENT AGREEMENT FOR the Community Development Block Grant Revolving Loan Fund and Coronavirus Small Business Local Relief Fund approved on July 27, 2020 (the “Agreement”) is made and entered into this _____ day of____________, 202__, 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 GALLATIN DEVELOPMENT CORPORATION, doing business as PROSPERA BUSINESS NETWORK, hereinafter referred to as “Sub-Recipient.” 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. Item (5) on page 3 of the agreement will read as follows: As it pertains to the combined Bozeman RLF fund, payment for the services rendered by Sub-Recipient, the Sub-Recipient shall retain $34,000 $40,000 as an annual management fee per year provided there are active loans in the portfolio. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES**** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA The Prospera Business Network CONTRACTOR (Type Name Above) By____________________________ By___Paul Reichert____________________ 38 Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 39 SUB-RECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT REVOLVING LOAN FUND AND CORONAVIRUS SMALL BUSINESS LOCAL RELIEF FUND July 2020 THIS AGREEMENT is entered into this 27th day of July by the CITY OF BOZEMAN, MONTANA, whose address is 121 N Rouse, Bozeman MT 59715, herein referred to as the “City”, and the GALLATIN DEVELOPMENT CORPORATION, doing business as PROSPERA BUSINESS NETWORK, whose address is 2015 Charlotte Street, Suite 1, Bozeman MT 59718, a nonprofit economic development corporation, herein referred to as the “Sub-Recipient.” WITNESSETH THAT: WHEREAS, the City has applied to and has been approved by the Montana Department of Commerce (MTDOC) for the receipt of grant funds under the Montana Community Development Block Grant Economic Development (CDBG) Program; and WHEREAS, the City wishes to use present and future CDBG grants and loan fund revenue to further develop the “Revolving Loan Fund” (RLF) which is designed to leverage private investment in new business for the purpose of generating economic activity, jobs, and COVID business recovery for the City of Bozeman; and WHEREAS, to maintain accountability, professional management and program performance, it is deemed to be in the best interests of the City to extend an Agreement with the Sub-Recipient as hereinafter provided; and WHEREAS, in the event the City creates a Coronavirus Small Business Local Relief Fund (COVID Relief Fund), the City desires to engage the Sub-Recipient to administer this fund; and WHEREAS, pursuant to Resolution 3488 there exists a City of Bozeman Revolving Loan Fund Committee (the “RLF Committee”); to evaluate the feasibility and investment potential of proposed economic development projects; and WHEREAS, the parties to this Agreement understand that neither of them has in any way, expressly or impliedly, abrogated any of its individual powers, and further agree that this Agreement does not create any new organization or legal entity. NOW, THEREFORE, in consideration of the mutual covenants and conditions set out in this Agreement, the parties agree that the foregoing statements of fact are true and correct and further agree as follows: A.SPECIAL PROVISIONS. The City agrees, under the terms and conditions of this Agreement, to sub-grant to the Sub-Recipient the CDBG and/or, at the City’s discretion, COVID Relief Fund as a grantfor gap financing and technical assistance to eligible borrowers and does hereby transfer, assign and Page 1 of 10 9 DocuSign Envelope ID: A46F0966-AF83-4131-9C37-B7980BAE831E 40 Page 2 of 10 convey to Sub-Recipient all of the City’s interest in and to its existing RLF loan portfolio. The “CDBG and/or COVID Relief loan funds”, as applicable, will be referenced here as the “Bozeman RLF Program” B.INDEPENDENT CONTRACTOR. It is understood by the parties hereto that the Sub-Recipient is an independent contractor and that neither its principals nor its employees, if any, are employees of the City for purposes of tax, retirement system, or social security (FICA) withholding. It is further understood that pursuant to section 39-71-401, MCA, the Sub-Recipient has obtained, and will maintain at its expense for the duration of this Contract, coverage in a workers' compensation plan for its principals and employees for the services to be performed hereunder. C.SCOPE OF SERVICES. The Sub-Recipient will perform the following services: 1.The Sub-Recipient will be responsible for all facets of the Bozeman RLF Program as described in thePolicies and Procedures (Exhibit A) for the project(s), a copy of which the City has delivered or will deliver to Sub-Recipient prior to execution of this Agreement. The Sub-Recipient will also beresponsible for all aspects of the Revolving Loan Fund program, including the following: (a)Develop, apply and enforce written Policies and Procedures as they relate to the BozemanRLF Program and/or administering the RLF program under the local CDBG grant program, including the creation and operation of an RLF Loan Committee to review and act upon loanrequests. (b)Application process through approval:a.Assist prospective borrowers in completing loan application materials; b. Conduct UCC lien searches, if applicable and pertinent to the proposed loan collateralc.Provide a project analyses to the RLF Loan Committee;d. Coordinate monthly RLF Loan Committee meetings; ande.Present proposed projects to RLF Loan Committee for loan approval or denial.Decisions as to loan approval or denial are the sole responsibility of the RLF Loan Committee, and the City shall have no authority or ability to intervene in the loanapproval or denial process. (c)Loan Closing and Documentation:a.Completion of loan documentation using loan documentation software; b. Loan closing, to be conducted by a title company or by Sub-Recipient;c.Funds disbursement and payment processing, utilizing the GMS Loan Accountingsoftware; andd. Collection and retention, for Sub-Recipient’s use, of loan fees and charges, asprovided in Sub-Recipient’s Policies and Procedures. (d)Loan Servicing Oversight:a. Gather and analyze monthly or quarterly financial reports from borrowers as requiredby the applicable loan agreement; b. Track and monitor status of borrower insurance policies; c.Track and monitor UCC financing statement filings and renewals; andd. Provide monthly loan updates to RLF Loan Committee. 10 DocuSign Envelope ID: A46F0966-AF83-4131-9C37-B7980BAE831E 41 Page 3 of 10 (e)Process monthly loan paymentsa.Track, receive, process and account for all monthly loan paymentsb.Track late payments – mailing late notices and calling delinquent borrowers, asneeded c.Work with delinquent borrowers to cure defaults and, where appropriate, develop a work-out plan, subject to approval of the RLF Loan Committee. (f)Monitor and process all forfeitures of loan collateral and use commercially reasonable effortsto collect delinquent and defaulted loans, including the filing of creditor’s claims in bankruptcy, where applicable, subject to the approval of the RLF Loan Committee. 2.The Sub-Recipient shall maintain eligibility as a Community-Based Development Organizationpursuant to Title 24, Part 504, CFR, and shall ensure all activities conducted pursuant to thisAgreement comply with all federal and state regulations regarding community development block grants. 3.During the term of this Agreement, the Sub-Recipient will maintain reasonable records of itsperformance under this Agreement in a manner consistent with generally accepted accountingprinciples. The Sub-Recipient will provide the City (or its authorized representatives) access to these records at any time during normal business hours. Upon written request of the City, the Sub-Recipient will submit to the City, in the format prescribed by the City, semi-annual status reports on itsperformance under this Agreement. 4.Except as set forth in Section (4) below, the Sub-Recipient will retain, administer, manage, record, and account to the City for all RLF loan fund revenue received subsequent to the date of this Agreement, including principal and interest received from borrowers. Sub-Recipient will use suchrevenue to enhance the RLF program for the benefit of all eligible borrowers located within the Cityof Bozeman. 5.As it pertains to the current Bozeman CDBG RLF fund, payment for the services rendered by Sub- Recipient, the Sub-Recipient shall retain $34,000 as an annual management fee per year providedthere are active loans in the portfolio. The Sub-Recipient may retain and pay such compensation toitself in installments, not more frequently than monthly. The Sub-Recipient’s expenses for attorneyfees and attorney costs related to collection efforts as described in subsection 6 of this section shall be reimbursed from the fund in addition to the annual management fee. 6. Sub-Recipient is entitled to use RLF funds for any costs incurred by Sub-Recipient in connection withthe collection of delinquent or defaulted loans, including but not limited to any filing fees or legal feesand costs. The Parties specifically agree and understand that any such use of RLF funds in this manner by the Sub-Recipient is separate and distinct from the payment Sub-Recipient will be receiving for its services; that is to say, costs and fees incurred in connection with the collection of delinquent ordefaulted loans will be paid by RLF Funds and not by the Sub-Recipient. 7.In the event a Coronavirus Small Business Local Relief Fund (COVID Relief Fund), is established by the City of Bozeman, the City and the Sub-recipient may establish a separate policies and procedures document and administrative fees for this COVID Relief Fund. 11 DocuSign Envelope ID: A46F0966-AF83-4131-9C37-B7980BAE831E 42 Page 4 of 10 D.EFFECTIVE DATE AND TIME OF PERFORMANCE. This Agreement supersedes all previousagreements, whether written or oral, between the City and the Sub-Recipient dealing with the City ofBozeman RLF program. The term of this Agreement shall be sixty (60) months, commencing on the dateof execution by the parties. This Agreement will terminate upon expiration of its initial term, unlessextended in writing by mutual agreement of the parties, or if either party fails to meet the conditions of this Agreement or if an Event of Default occurs, after notice and opportunity to cure as provided in SectionN below. E.CONFLICT OF INTEREST. The Sub-Recipient covenants that it presently has no interest and will not acquire any interest, direct or indirect, in the CDBG project that would conflict in any manner or degree with the performance of its services hereunder. The Sub-Recipient further covenants that, inperforming this Agreement, it will employ no person who has any such interest. F.CIVIL RIGHTS ACT OF 1964. The Sub-Recipient will abide by the provisions of the Civil Rights Act of 1964, which states that under Title VI, no person may, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination underany program or activity receiving federal financial assistance. G.SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. The Sub-Recipient will comply with the following provision: No person in the United States may on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with the funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 will also apply to any such program or activity. H.NONDISCRIMINATION AND EQUAL PAY. In addition to the requirements of subsections F and G, above, the Sub-Recipient agrees that all hiring by it of persons performing this Agreement shall be on the basis of merit and qualifications. The Sub-Recipient will have a policy to provide equal employmentopportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, andcontracts. The Sub-Recipient will not refuse employment to a person, bar a person from employment, ordiscriminate 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 ofthe position require an age, physical or mental disability, marital status or sex distinction. The Sub-Recipient shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title2, United States Code, and all regulations promulgated thereunder. Sub-Recipient 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). Sub-Recipient must report to the City any violations of the Montana Equal Pay Act that Sub-Recipient has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. 12 DocuSign Envelope ID: A46F0966-AF83-4131-9C37-B7980BAE831E 43 Page 5 of 10 Sub-Recipient shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. I.REPORTS AND INFORMATION. The Sub-Recipient will maintain accounts and records,including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the City to assure proper accounting for all project funds. These records will be made available for audit purposes to theCity or its authorized representative, and will be retained for three years after receipt of final payment forthe services rendered under this Agreement unless permission to destroy them is granted by the City. J.ADMINISTRATION 1.For purposes of implementing this Agreement, the City must appoint a local government projectrepresentative that will work with the Sub-Recipient. The parties will meet as necessary to providefor the efficient and smooth implementation of this Agreement and the activities contained herein. 2.The parties agree the RLF Committee will have final decision making authority regarding theloaning of RLF funds and shall follow guidelines set forth in Commission Resolution No. 3488except that this Agreement supersedes the requirements of Commission Resolution 3488 only inso far as it relates to any provision in Resolution 3488 in conflict with this Agreement. 3.To ensure the composition of the RLF Committee complies with applicable federal regulations,the Committee shall consist of seven members, two of which shall be appointed by the CityCommission, with the remaining five to be appointed by the Sub-Recipient. 4. The Sub-Recipient must contract with an independent accounting firm to conduct an annual auditsufficient to obtain an unqualified opinion of the RLF loan fund and program as conducted by Sub-Recipient under this Agreement. K.TERMINATION - DISPOSITION OF REAL PROPERTY OR EQUIPMENT ACQUIRED. Upon the expiration or termination of this Agreement, the Sub-Recipient will transfer tothe City the then-existing RLF loan portfolio and all related loan records, together with the then-existingbalance in the Sub-Recipient’s RLF loan fund, less any unpaid portion of Sub-Recipient’s compensationunder this Agreement to the date of expiration or termination. L.INDEMNIFICATION. The Sub-Recipient agrees to waive any and all claims and recourseagainst the City, its officers, agents, and employees, including the right of contribution of loss or damageto person or property arising from, growing out of, or in any way connected with or incidental to the Sub-Recipient’s performance of this Agreement. The Sub-Recipient shall indemnify, defend and hold harmless the City (including the City’s officers, , employees, agents and representatives) against anyclaims and/or liabilities of any nature, including reasonable attorneys’ fees, arising out of the performanceof this Agreement. . M.TERMINATION OF AGREEMENT. 13 DocuSign Envelope ID: A46F0966-AF83-4131-9C37-B7980BAE831E 44 Page 6 of 10 1.Termination for Sub-Recipient’s Fault: a.If Sub-Recipient refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Sub-Recipient’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by entering into another agreement with any other third party. b.In the event of a termination pursuant to this subsection, Sub-Recipient shall be entitled to payment only for those services Sub-Recipient actually rendered. c.Any termination provided for by this subsection shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this subsection, Sub-Recipient shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 2.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Sub-Recipient (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Sub-Recipient. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Sub-Recipient shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement. Sub-Recipient shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this subsection, Sub-Recipient is entitled to payment only for those services Sub-Recipient actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. 14 DocuSign Envelope ID: A46F0966-AF83-4131-9C37-B7980BAE831E 45 Page 7 of 10 d.The compensation described in section M.2(c) is the sole compensation due to Sub- Recipient for its performance of this Agreement. Sub-Recipient shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. N.CONSTRUCTION AND VENUE This Agreement will be construed under and governed by the laws of the State of Montana. The City and the Sub-Recipient agree that performance of this Agreement is in the County of Gallatin, State of Montana, and that in the event of litigation concerning it, venue is in the District Court of the Judicial District in and for the City of Bozeman, Montana. This Agreement has been approved by City Commission and by Sub-recipient’s Board of Directors, each of which has authorized the undersigned persons to execute this Agreement on its behalf. O.ATTORNEY’S FEES. In the event that either party incurs legal expenses, including the costs,expenses, salary and fees of the in-house counsel, to include City Attorney, to enforce the terms andconditions of this Agreement, the prevailing party is entitled to recover reasonable attorney's fees andother costs and expenses, whether the same are incurred with or without suit, including fees on appeal. P.PUBLIC MEETINGS AND ACCESS TO PUBLIC RECORDS. The Sub-Recipient’s RLF LoanCommittee shall comply with the open meeting requirements of Montana law, including those set forth inTitle 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To help ensure compliance, the Sub-Recipient shall provide RLF Committee meeting agendas and all written information to be provided to the RLF Committee to the City Clerk’s office no later than 72 working hours prior to meeting for notice on the City’s official posting board and any other sites deemed reasonable by the Clerk’s office. Inaddition, meeting minutes will be kept by the Sub-Recipient and provided to the City Clerk’s office nolater than 45 days after the meeting. These minutes shall be posted and made available to the public bythe City Clerk’s office except for those minutes taken during a closed meeting in accordance with 7-1- 4144, MCA. Minutes taken during a closed meeting shall also be provided to the City Clerk’s office but shall be handled in accordance with the City Clerk’s regular executive session protocol and kept privatein a secured cabinet. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, Sub-Recipient shall make such RLF loan documents and records available for inspection and copying by members of the public. Sub-Recipient may charge for such copying in accordance with the policies of the city, which Sub-Recipient hereby adopts for such purposes. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in RLF loan documents is protected by law from disclosure, the Sub-Recipient must consult with and seek the advice of the City Attorney at no cost to Sub-Recipient. The advice and consultation shall be on behalf of the RLF Committee and not Gallatin Development Corporation. 15 DocuSign Envelope ID: A46F0966-AF83-4131-9C37-B7980BAE831E 46 Page 8 of 10 Q.ELIGIBILITY. The Sub-Recipient certifies that the Sub-Recipient and the Sub-recipient's principals are not debarred, suspended, voluntarily excluded, or otherwise ineligible for participation infederally assisted contracts under Executive Order 12549, "Debarment and Suspension". (24 CFR 24.505) R.REPRESENTATIVES AND NOTICES. 1.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Brit Fontenot or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. 2.Sub-Recipient’s Representative: The Sub-Recipient’s Representative for the purpose of this Agreement shall be Paul Reichert or such other individual as Sub-Recipient shall designate in writing. Whenever direction to or communication with Sub-Recipient is required by this Agreement, such direction or communication shall be directed to Sub- Recipient’s Representative; provided, however, that in exigent circumstances when Sub- Recipient’s Representative is not available, City may direct its direction or communication to other designated Sub-Recipient personnel or agents. 3.Sub-Recipient’s 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. S.DISPUTE RESOLUTION. 1.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. 2.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. T.ADDITIONAL PROVISIONS. 16 DocuSign Envelope ID: A46F0966-AF83-4131-9C37-B7980BAE831E 47 Page 9 of 10 1.Survival:Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 2.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. 3.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 4.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 5.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. 6.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 7.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 8.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. 17 DocuSign Envelope ID: A46F0966-AF83-4131-9C37-B7980BAE831E 48 Page 10 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Sub-Recipient Agreement on the 15th day of December 2020. SUB-RECIPIENT: CITY: Paul Reichert Date Date Executive Director Gallatin Development Corporation, City of Bozeman DBA Prospera Business Network Attest: Attest: Date Date City Clerk Bert Bartle Board of Directors City of Bozeman Gallatin Development Corporation, DBA “Prospera Business Network Approved as to Form: _________________________________________ Greg Sullivan Date Bozeman City Attorney 18 DocuSign Envelope ID: A46F0966-AF83-4131-9C37-B7980BAE831E 12/15/2020 12/15/2020 12/15/2020 12/15/2020 12/15/2020 49 1 CITY OF BOZEMAN REVOLVING LOAN FUND POLICIES AND PROCEDURES SUB-RECIPIENT AGREEMENT If a third party has been granted a contract to manage the City of Bozeman’s Community Development Block Grant Revolving Loan Fund, the contracted third party has the responsibility for “administering all facets of the City of Bozeman Revolving Loan Fund (RLF)” through a sub- recipient agreement (the Agreement) with the City of Bozeman. The Agreement includes the development, application and enforcement of written Policies and Procedures for the RLF and the creation and operation of an RLF Loan Committee to review and act upon loan requests. These Policies and Procedures have been written in accordance with the Sub-Recipient Agreement to ensure the effective management of the City of Bozeman Revolving Loan Fund by a contracted third-party. ADMINISTRATION The Bozeman RLF shall be administered by a Loan Officer/Loan Fund Manager and an appointed seven member RLF Loan Committee. Loan Officer/Loan Fund Manager The Loan Officer/Loan Fund Manager shall be an employee of the Sub-Recipient and appointed by the Chief Executive Officer of Prospera Business Network. The Loan Officer/Loan Fund Manager shall provide the day-to-day management of the Bozeman RLF, including: Promoting the RLF to prospective borrowers, Assisting prospective borrowers with the application process, Presenting proposed projects to the Committee, Completing loan documentation and loan closing, Servicing the loan portfolio, Processing monthly loan payments, Communicating with the Committee, and Coordinating Committee meetings. The Loan Officer/Loan Fund Manager shall have no lending decision authority to approve or modify the terms of loans. RLF Loan Committee 19 DocuSign Envelope ID: A46F0966-AF83-4131-9C37-B7980BAE831E 50 2 The RLF Loan Committee is comprised of seven members, each voluntarily appointed to serve an un-paid two-year term. Three members of the RLF Loan Committee shall be appointed by the Board of Directors of Prospera Business Network, three members of the RLF Loan Committee shall be appointed by the Bozeman City Commission, and one member of the RLF Loan Committee shall be jointly appointed by the Board of Directors of Prospera Business Network and the Bozeman City Commission. RLF Loan Committee members may serve more than one two-year term, if re-appointed by the appointing entity. The members of the RLF Loan Committee shall disclose in writing any personal or financial interest they may have in any loan application. If a conflict of interest is believed to exist, the RLF Loan Committee member is required to identify the conflict and to excuse him or herself from any RLF Loan Committee action involving the issue that created the conflict. LOAN PORTFOLIO Selection Criteria The Bozeman RLF will provide financing only for projects that are located within the city limit boundary of the City of Bozeman. All borrowers must agree to remain within the Bozeman city limits for the life of the loan. Each loan agreement will state this requirement. Eligible Activities The goal of the Bozeman RLF is the creation of quality jobs in the City of Bozeman. Priority will be given to businesses engaged in basic economic activities with more than half of their gross revenues coming from outside Gallatin County. Quality jobs are defined as those where “the combination of wages, benefits and workplace environment contribute, to meet or exceed the City of Bozeman’s Living Wage Ordinance.” In addition, the cost per job created or retained with RLF funds must not exceed $20,000 per job. Eligible uses of Bozeman RLF loan funds include: land purchase; construction, rehabilitation, expansion, or installation of commercial and industrial buildings or facilities; purchase of machinery or equipment; working capital; and employee training. The funds also may be used as a match to other funding sources, as long as they are contingent upon approval of the other funding source. 20 DocuSign Envelope ID: A46F0966-AF83-4131-9C37-B7980BAE831E 51 3 LOAN APPLICATION REQUIREMENTS No applications will be processed or presented to the RLF Loan Committee until a complete loan application has been received and reviewed by the Loan Officer/Loan Fund Manager. A completed loan application will include the following:  Loan Application Form (signed and dated)  Written Business Plan  Explanation of Need for Loan  Employment Projections  Source and Use of Funds Statement  Personal Financial Statement (signed and dated)  Personal Federal Income Tax Returns (last 3 years)  Authorization to Release Information (signed and dated)  Business Financial Statements: Income Statement (last 3 years)  Business Financial Statements: Balance Sheet (last 30 days)  Business Federal Income Tax Returns (last 3 years)  Projected Cash Flow Statement (3 years)  Resumes of Key Personnel Additional Loan Documents  Vehicle Title(s)  Guarantors Loan Application  Lease Agreement(s)  Buy/Sell Agreement(s)  Inventory List if flooring is involved (list the amount owed on each item).  Copies of Valid Bids for Construction Projects.  Written Cost Estimates for Machinery, Equipment, Furnishings & Fixtures Purchases  Commitment Letter from Bank or Other Lender  Corporate Documents (By-Laws, Articles of Incorporation, Certificate of Existence)  Business Licenses  Bonding Information  Verification of Hazard Insurance  Verification of Life Insurance Environmental Issues Each project will be screened relative to environmental impact concerns. An Environmental Review Form will be executed and signed by the Borrower, which will include a screening for possible hazardous or toxic contamination, a “true-to-the-best-of-my-knowledge” statement, a 21 DocuSign Envelope ID: A46F0966-AF83-4131-9C37-B7980BAE831E 52 4 100-year flood plain and wetland determination, and an indemnifying/hold harmless agreement for the City of Bozeman and Prospera Business Network. The Loan Officer will complete an environmental impact review and finding prior to submitting the loan request to the RLF Loan Committee. Outstanding environmental issues must be resolved before any loan funds are advanced, unless the project itself involves mitigation. If necessary, a complete environmental assessment will be prepared by staff and a record of the assessment will be kept in the project file. If necessary, staff will require a Phase One Environmental Review be prepared by an independent, certified engineer. The cost of the Phase One will be the responsibility of the Borrower. A permanent record will be kept and maintained in the project file, including pictures, letters from past property owners, and documentation of other relevant determinations. Where and when available, the Borrower may be required to purchase one or more title insurance endorsements to mitigate environmental risk to the City of Bozeman and Prospera Business Network. Non-Discrimination Policy The City of Bozeman Revolving Loan Fund is subject, without limitation, to all federal, state, and local government laws, ordinances, and policies prohibiting discrimination on the basis of race, color, national origin, religion, sex, sexual orientation, marital status, age or disability. Equal Credit Opportunity Act The City of Bozeman Revolving Loan Fund will comply with the Equal Credit Opportunity Act. The Act prohibits discrimination against any applicant with respect to any aspect of a credit transaction on the basis of race, color, marital status, sex, religion, national origin, age, receipt of income from any public assistance program, or the fact that the applicant has, in good faith, exercised a right under the Consumer Credit Protection Act or under state law. An indication of gender may be required of the applicant for statistical purposes only. INITIAL SCREENING Completed loan applications will be reviewed and presented to the RLF Loan Committee within thirty days of receipt by Prospera Business Network. Due diligence and underwriting will not commence until a completed loan application is received. Each loan application must be supported by the following due diligence/verifications to be completed within 30 days of receipt of the completed application: 22 DocuSign Envelope ID: A46F0966-AF83-4131-9C37-B7980BAE831E 53 5  Title reports and lien searches for all proposed collateral including UCC collateral  Verification of legal entity’s status  Verification of deposits reported on financial statements  Verification of loans with lending institutions  Borrowers with significant accounts payables and receivables must provide aging reports Applications that do not pass this preliminary due diligence phase will be declined. Secondary due diligence will involve verification of borrower projections, investigation of market, collateral values, and underlying contracts. Each application will require a different scope of investigation. However the primary focus of investigation will be on factors that impact the borrower’s projected cash flow. All loan files will be maintained in a consistent manner. COLLATERAL REQUIREMENTS The RLF Loan Committee will consider the merits and potential economic benefits of each request. When appropriate, liens, assignments, and personal guarantees will be secured in accordance with the following principles: (a) To encourage the participation of other lenders, Prospera Business Network’s lien position may be subordinated to liens securing other loans made in connection with the project. (b) Collateral for working capital loans will normally be liens on inventories, receivables, fixed assets or other available assets of the borrower. (c) Security in the form of assignment of patents, licenses, and other assets with a realizable value may also be required. (d) Life and/or disability insurance will be required on each owner or key person(s) of the business or corporation with 20% or more ownership. Such policies will have Prospera Business Network listed as collateral assignee. (e) Hazard or liability insurance will be required on all businesses and policies will have Prospera Business Network listed as loss payee. (f) Liens on personal or other non-business assets, co-signers, personal guarantees, or other forms of additional security may be required when the RLF Loan Committee determines that sufficient collateral is not available for the loan. Personal guarantees 23 DocuSign Envelope ID: A46F0966-AF83-4131-9C37-B7980BAE831E 54 6 will be required for any person owning twenty percent of a corporation and who will be listed as a borrower. If the collateral for the loan is jointly owned, both the parties must execute the loan agreement and loan closing documents. LOAN OFFICER REPORT/ANALYSIS The Loan Officer’s Report to the RLF Loan Committee will be the end result of the Loan Officer’s due diligence and application review process. The intent is to complete a thorough and accurate summary of the loan applicant for consideration by the RLF Loan Committee. The Loan Officer identifies, quantifies, and assesses the strengths and weaknesses of the applicant. Through the process, the Loan Officer provides a basis to either manage the risks present in the loan applicant and recommend approval of the loan or acknowledge the risk cannot be managed and recommend denial to the RLF Loan Committee. The Loan Officer’s Report must present sufficient detail, supported by credible financial summaries and analysis, so that the RLF Loan Committee can make a reasoned judgment and make a final decision on the application based upon the substance of the Loan Officer Report without having to review the entire loan application package. The Report is not based solely on risk analysis, but on risk management as well. The following information will be addressed in the Loan Officer Report:  Applicant information  Describe eligibility issues of the loan request  Employment benefits  Loan request  Analysis of management ability  Financial analysis of business  Balance sheet analysis  Income statement analysis  Cash flow analysis  Analysis of owner's personal living needs  Collateral analysis  Summary and recommendation LOAN DECISION Approval Recommendation 24 DocuSign Envelope ID: A46F0966-AF83-4131-9C37-B7980BAE831E 55 7 The loan structuring process should clearly match the loan term and structure to the individual’s ability to service the debt. The RLF Loan Committee may forgive or postpone loan payments due to special circumstances or unanticipated difficulties. When considering requests for postponement of payment obligations, the RLF Loan Committee will evaluate each individual request on its merit alone and will base its decision on a thorough analysis of the business financial statements, especially historical and projected cash flow. In order to be considered for a deferral, the borrower must submit a written request, along with copies of their most current financial statements to the Loan Officer. In addition, the borrower must bring any delinquent loans current before the deferral will be considered. Any deviation of this policy must be approved by the RLF Loan Committee. Written notification of the approval and any changes to the proposed loan terms and conditions will be provided to the applicant and detailed in a commitment letter. The Borrower will be required to acknowledge terms and conditions outlined in the commitment letter. Denial To comply with the Equal Credit Opportunity Act, Prospera Business Network will adhere to the following procedures: a. If a loan application is screened out or if it is withdrawn by the applicant before consideration by the RLF Loan Committee, the entire application and supporting documents, with a letter explaining why the loan application cannot be considered, will be returned to the applicant. A copy of the application and supporting documents may be retained by Prospera Business Network. b. If a loan application is reviewed and declined by the RLF Loan Committee, the application and supporting documents will not be returned to the applicant. c. A formal letter for all declined loan applications must be signed by the Loan Officer and sent to the applicant. The reasons for the denial must be specified. d. In addition, the Loan Officer must explain the standard reasons in terms the applicant can understand so he/she will know what needs to be overcome for any reconsideration. Otherwise, under provisions of the Freedom of Information Act, the applicant may be entitled to a copy of the entire loan report. e. Reconsideration rights must be stated. Standard reasons for decline are as follows (typically will have 2-3 reasons): 1. Collateral, considered along with other factors, is not deemed sufficient to protect the interest of Prospera Business Network. 25 DocuSign Envelope ID: A46F0966-AF83-4131-9C37-B7980BAE831E 56 8 2. For loan purposes, after taking into consideration prior liens and other credit factors, the net value of the collateral offered as security is not sufficient to protect the interest of Prospera Business Network. 3. Lack of reasonable assurance of ability to repay loan (and other obligations) from earnings. 4. Lack of reasonable assurance the business can be operated at a rate of profit sufficient to repay the loan and other obligations from earnings. 5 Disproportion of (loan requested) debts to (tangible) net worth before and after the loan. 6. Inadequate working capital after loan. 7. The result of granting the financial assistance requested would be to replenish funds distributed to the owner, partners, or shareholders. 8. Gross disproportion between owner's actual investment and the loan requested. 9. Lack of reasonable assurance the applicant will comply with the terms of the loan agreement. 10. Unsatisfactory experience on existing loan. 11. Not eligible because of policy reasons. Reconsideration after Denial The letter which advises the applicant of the decline of the original application must advise the applicant of the right to reconsideration and the procedure for requesting one. An applicant or borrower may request reconsideration within sixty (60) days of formal denial. To prevail, the applicant must demonstrate that it has overcome all legitimate reasons for denial. Beyond sixty days after denial, a new application is required. The applicant must supply the following for reconsideration of its request: (1) The request must be in writing. (2) All necessary information must be up to date, including a current financial statement that is less than ninety (90) days old. (3) State all reasons why the decline should be reconsidered. RLF Loan Committee will always take first action on all loan application re-considerations. The Loan Officer Report will give sufficient detail to summarize any changes from the original declined loan consideration. LOAN CLOSING A loan closing will be scheduled with the borrower after final approval by the RLF Loan Committee and after all contingencies have been satisfied. Original vehicle title(s) and verification of both 26 DocuSign Envelope ID: A46F0966-AF83-4131-9C37-B7980BAE831E 57 9 hazard and life insurance must be received prior to loan closing. Corporations must provide a corporate resolution authorizing the corporation to borrow loan funds and designating specific officers as signatories. Each borrower shall be provided with a copy of loan closing documents at or prior to closing. LOAN SERVICING Payments Borrowers will make payments to Prospera Business Network in accordance with the loan agreement and promissory note executed at loan closing. Prospera Business Network will track each loan payment, showing the break-down between principal and interest. Monitoring The following items will be specifically monitored by Prospera Business Network staff: 1) Financial Statements and Federal Income Tax Returns will be collected in accordance with the loan agreement. 2) Life Insurance will be required and verification that the policy is assigned to the Gallatin Development Corporation, dba Prospera Business Network will be checked based on the payment schedule (i.e. the borrower is making scheduled premium payments.) 3) Hazard insurance will be required and verification that the Gallatin Development Corporation, dba Prospera Business Network listed as Loss Payee and additional insured on the policy. The information will be checked based on the payment schedule. 4) When vehicles have been taken as collateral, the Borrower must maintain full coverage with collision on the vehicle(s). The Gallatin Development Corporation, dba Prospera Business Network will be listed as Loss Payee. The information will be checked based on the payment schedule. 5) If the borrower has employees, proof of worker’s compensation must be provided. 6) UCC filing must be filed with the Montana Secretary of State’s office and a continuation statement filed prior to the fifth year anniversary of the initial filing. 7) Some loans will have other renewal items. These items will be monitored as well and continuations filed when necessary. Annual Site Visits Prospera Business Network staff will conduct annual site visits at each Borrower’s place of business as a review of the loan status and update on the business operation. During the site visit, Prospera 27 DocuSign Envelope ID: A46F0966-AF83-4131-9C37-B7980BAE831E 58 10 staff will update the Borrower’s employment numbers, inspect collateral, and answer questions the Borrower may have concerning their loan with Prospera Business Network. In addition, the above information may be verified periodically throughout the year. Loan Workouts and/or Restructuring The Loan Officer will work with the Borrower to develop an acceptable workout plan or loan restructuring. The Loan Officer will evaluate the following to determine the restructuring benefit to the business:  Cash flow available for debt service  Aging of account payable  Aging of account receivable  Existing debt service  Historical and current trend of sales and expenses The tentative workout plan must be presented to the RLF Loan Committee for approval. Once the workout plan or restructuring has been approved by the RLF Loan Committee, a Change in Terms document must be executed. The City and Prospera recognize that in some instances a borrower may not be able to develop an acceptable workout plan. Foreclosure Policies In most instances a straight foreclosure will be viewed as the last option. There are, however, instances when foreclosure is the best option and the only remedy to a deteriorating situation. Foreclosure may only take place upon the decision of the RLF Loan Committee and the Board of Directors of Prospera Business Network. All foreclosure proceedings and actions should be done in such a way as to provide maximum protection for the loan portfolio, its participating lenders, if any, and for the interest of all affected parties, including the low and moderate income customers of the Borrower. Collateral liquidations must attempt to cover the cost of the outstanding loan principal, any accrued interest owed to Prospera Business Network, and the transaction costs of the liquidation efforts (e.g. legal, marketing, staff time). In the event that the foreclosure proceeds do not cover the outstanding loan amounts due and the cost of the collection, the proceeds will be disbursed as follows: (a) Collection costs for all parties (b) Loan amounts due in lien priority Loan Write-offs 28 DocuSign Envelope ID: A46F0966-AF83-4131-9C37-B7980BAE831E 59 11 The Loan Officer will make recommendations to the RLF Loan Committee for loan write-offs. The RLF Loan Committee will then make recommendations to the Board of Directors of Prospera Business Network for final approval. 29 DocuSign Envelope ID: A46F0966-AF83-4131-9C37-B7980BAE831E 60 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 a Professional Services Agreement with Cushing Terrell for Architectural, Engineering, Land Surveying, and Land Use Planning Services for the City of Bozeman's Urban Renewal Districts and a Task Order #001 for Time and Materials MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with Cushing Terrell for architectural, engineering, land surveying, and land use planning services for the City of Bozeman's Urban Renewal Districts and a Task Order #001 for time and materials. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The City of Bozeman, with an incorporated population of roughly 53,000, is one of the fastest growing micropolitan areas in the country. There are high rates of development in both infill and edge locations in the City, and outside of the City limits as well, and high rates of employment growth in both. The City has identified six areas where statutory conditions of blight are present and where stagnation and decline in the tax base requires infrastructure led redevelopment. The Economic Development Department (EDD) employs a tax increment financing provision to facilitate private sector investment in these geographical areas. On August 9, 2023, the EDD department began the public request for qualifications (RFQ) process seeking a collaborator in implementing the adopted urban renewal and technology district plans as well as the the 2023 Economic Vitality Strategy. The request for qualifications requested firms with a breadth and depth of experience in architecture, engineering, land surveying, land use planning, and broadband deployment that supports thoughtful and context sensitive infill redevelopment. Additionally, the RFQ asked for firms with an an understanding of how placemaking is essential to urban redevelopment be demonstrated in their previous work, an understanding in infill development, and most importantly, a demonstrated interdisciplinary approach that fuses engineering and architecture with land 61 use planning and public policy to comprehensively support the Economic Development Department and Urban Renewal Districts’ strategic goals. City Staff scored and interviewed multiple RFQ submissions and found Cushing Terrell and Sanderson Stewart to be qualified to fulfil the needs of the EDD. Staff believes the wide-variety and volume of projects within the six urban renewal districts would be best served by retaining both Sanderson Stewart and Cushing Terrell with a general scope professional services agreement. The City will then use subsequent task orders for specific projects best suited to each firm. The master professional services agreement with specific task orders reflects the way the EDD works under the current professional services agreement for architectural, engineering, land surveying, and land use planning services, which expires at the end of 2023. Task Order 001 will allow Staff to utilize Cushing Terrell's expertise in design on an as-needed, time and materials basis as relevant opportunities arise. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the Commission. FISCAL EFFECTS:The term contract does not have any fiscal effects. Each task order under this contract will include a not to exceed clause based on the rate sheet of the contractor and an estimated number of hours to complete each task order. The time and materials task order is not to exceed $20,000. Which is available in the professional services budget line item in the Downtown Urban Renewal District, the North Park Urban Renewal District, the Northeast Urban Renewal District, the Midtown Urban Renewal District, and the South Bozeman Technology District. Attachments: 231211F Term Contract - Cushing Terrell.pdf URD Task Order Form Example Exhibit A.pdf Rate Sheets Exhibit B.pdf CT URD Task Order 1.pdf Report compiled on: November 8, 2023 62 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 19th day of December, 2023 (“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, and the DOWNTOWNN BOZEMAN PARTNERSHIP, LLC (“DBP”) with a mailing address 222 East Main Street #302, Bozeman MT 59715, hereinafter with the City of Bozeman collectively referred to as “City” and CUSHING TERRELL, 411 East Main Street #101, Bozeman, MT 59715 hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services as requested by written Task Order, as described in the Task Order. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 31st day of December, 2028, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with specific and corresponding schedule as mutually agreed upon by City and contractor and included in each individual task Order executed under the authority of this Agreement. Task Orders shall be in a format similar to “Exhibit A”, attached and made part of this Agreement. For conflicts between this Agreement and the Scope of Services in the Task Order, unless specifically provided otherwise, the Agreement governs. Contractor recognizes DBP issues task Orders for the Downtown Urban Renewal District and the City Issues Task Orders for all other tax increment financing districts. 63 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 2 of 12 4. Payment: The terms of compensation to contractor shall be agreed upon and included in each task Ordre. City agrees to pay contractor the amount specified in the individual Task Orders. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ 64 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 3 of 12 compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). 65 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 4 of 12 Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; 66 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 5 of 12 • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: 67 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 6 of 12 a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages 68 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 7 of 12 sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be David Fine (Urban Renewal 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, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Wayne Freeman (Principal) or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 69 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 8 of 12 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications for the City, Contractor must use both the City style guide when creating a design, and, as per recommendations found in Section 508 of the Rehabilitation Act, the content must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). 70 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 9 of 12 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. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 71 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 10 of 12 19. 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. 20. 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. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. 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. 23. Survival: Contractor’s indemnification 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. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by 72 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 11 of 12 the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. 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. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. 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. 32. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than December 31, 2029. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA CUSHING TERRELL 73 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 12 of 12 By________________________________ By__________________________________ Jeff Mihelich, City Manager Wayne Freeman, Principal DOWNTOWN BOZEMAN PARTNERSHIP, LLC By_________________________________ Ellie Staley, Executive Director APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 74 City of Bozeman Urban Renewal District Term Contract Task Order Number # PROJECT: On-Call Miscellaneous Engineering Services for the ___________Renewal District Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with for Architectural and Engineering Services. This Task Order is dated between the City of Bozeman and _______. The following representatives have been designated for the work performed under this Task Order: City: David Fine, Urban Renewal Program Manager Contractor: Wayne Freeman, Principal SCOPE OF WORK: The scope for this task order shall include miscellaneous design services to be provided on an as-needed basis at the request of the City of Bozeman Economic Development Department. COMPENSATION: ______ will bill for its services on a time-and-materials basis not to exceed $_______. _______ submit invoices to the City of Bozeman for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “time-and-materials basis” according to the attached standard rate sheets for ______ and it’s subconsultants. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. The provisions of the Professional Services Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Cushing Terrell Jeff Mihelich, City Manager Wayne Freeman, Principal 75 ARCHITECTURAL Min Max Architectural Production..........................................................................................................81.00$ 127.00$ Architectural..................................................................................................................................86.00$ 169.00$ Project Architect..........................................................................................................................120.00$ 195.00$ Project Management - Architectural.................................................................................150.00$ 215.00$ Director/Lead of Architectural ..............................................................................................198.00$ 262.00$ Landscape Architect...................................................................................................................94.00$ 126.00$ Landscape Architect Senior.....................................................................................................144.00$ 221.00$ Planner.............................................................................................................................................106.00$ 150.00$ Interior Designer..........................................................................................................................88.00$ 147.00$ Interior Designer Senior...........................................................................................................140.00$ 207.00$ Architectural Principal...............................................................................................................198.00$ 268.00$ ENGINEERING Engineering Production Civil..................................................................................................102.00$ 153.00$ Engineering Civil..........................................................................................................................137.00$ 195.00$ Engineering Civil Senior............................................................................................................170.00$ 238.00$ Engineering Production Structural.......................................................................................94.00$ 137.00$ Engineering Structural..............................................................................................................97.00$ 202.00$ Engineering Structural Senior................................................................................................189.00$ 221.00$ Engineering Production Electrical........................................................................................88.00$ 139.00$ Engineering Electrical................................................................................................................106.00$ 187.00$ Engineering Electrical Senior..................................................................................................195.00$ 248.00$ Engineering Production Mechanical...................................................................................78.00$ 133.00$ Engineering Mechanical...........................................................................................................116.00$ 229.00$ Engineering Mechanical Senior.............................................................................................159.00$ 235.00$ Engineering Production Refrigeration................................................................................99.00$ 129.00$ Engineering Refrigeration........................................................................................................106.00$ 147.00$ Engineering Refrigeration Senior.........................................................................................171.00$ 230.00$ Engineering Principal.................................................................................................................198.00$ 266.00$ SUPPORT Project Coordinator....................................................................................................................79.00$ 117.00$ Administrative Assistant...........................................................................................................69.00$ 106.00$ Graphic Designer.........................................................................................................................81.00$ 141.00$ cushingterrell.com 2023 Standard Hourly Rates 76 7900 E UNION AVE, STE 160, DENVER, CO 80237 www.DESMAN.com PHONE 303.740.1700 FAX 303.740.1703 BOSTON CHICAGO CLEVELAND DENVER FT. LAUDERDALE HARTFORD NEW YORK PITTSBURGH WASHINGTON D.C. ARCHITECTS STRUCTURAL ENGINEERS PLANNERS PARKING CONSULTANTS RESTORATION ENGINEERS GREEN PARKING CONSULTING 2023 HOURLY RATES EMPLOYEE CLASSIFICATION HOURLY RATE $290.00 $220.00 $210.00 $190.00 $170.00 $160.00 $150.00 $125.00 $115.00 Principal Project Manager Senior Architect/Engineer/Planner Architect/Engineer/Planner Designer/Revit Technician CADD Operator/Draftsperson Data Collector Clerical Note: The above rates are effective through December 31, 2023. 77 234 E. Babcock,Suite 3 • Bozeman, MT 59715 • (406) 586-0277 2023 BOZEMAN RATE SCHEDULE Fee Compensation TD&H’s hourly billing rates for 2023 are provided in the adjacent table. We invoice for services rendered to a project to the nearest quarter hour. Direct project costs will be invoiced at cost plus 10%. Examples of these costs include airfare, ground transportation, lodging, meals, shipping and express mail, outside reproduction services, and other direct costs required for the project. Outside contract services including subconsultants, subcontractors and drilling services will be invoiced at cost plus 10% to cover additional insurance and administrative fees. DIRECT REIMBURSABLES Vehicle Use: Passenger Vehicle Mileage $0.75/mile Survey – Robotic Total Station Heavy Duty Vehicle Mileage $1.10/mile Hourly Rate: $30.00 Survey – Global Positioning Survey – Total Station with Data Collector Daily Rate: $500.00 Daily Rate: $100.00 Hourly Rate: $80.00 Hourly Rate: $20.00 Minimum Charge: $160.00 Reproduction Color (8.5x11) $1.50/page CAD Plotter (In-house) Color (11x17) $2.50/page Bond $0.90/SF B&W (8.5x11) $0.60/page Mylar $3.30/SF B&W (11x17) $1.20/page NOTES: 1) Construction Materials Testing per Separate Fee Schedule. *See Materials Testing Fee Schedule for Additional Information 2) Overtime work (above 40 hours per week, or weekends) increase hourly rates by 25%, or per quotation. 3) Annual rate adjustments occur in January of each year and typically range from 3% to 4%. DESCRIPTION HOURLY RATE AA Administrative Assistant $71.00 AM Administrative Manager $107.00 GA Grant Administrator $96.00 LS1 Surveyor’s Assistant $80.00 LS2 Surveyor $95.00 LS3 Survey Party Chief $111.00 LS4 Project Surveyor $128.00 LS5 Registered Land Surveyor $153.00 ENVS Environmental Scientist $119.00 IH1 Industrial Hygiene Technician I $84.00 IH2 Industrial Hygiene Technician II $109.00 LT1 Lab Technician I $74.00 LT2 Lab Technician II $82.00 CR1 Construction Representative I $101.00 CR2 Construction Representative II $121.00 CR3 Construction Representative III $143.00 CR4 Construction Representative IV $174.00 LA Landscape Architect $129.00 LP Land Planner $160.00 CLS CMT Lab Supervisor $120.00 CD1 CAD Designer I $84.00 CD2 CAD Designer II $110.00 CD3 CAD Manager $121.00 GC CAD/GIS Specialist $101.00 ET Engineering Technician $116.00 E1 Engineer I $109.00 E2 Engineer II $118.00 E3 Engineer III $137.00 E4 Engineer IV $160.00 E5 Engineer V $182.00 E6 Engineer VI $210.00 P Principal $234.00 DCT Deposition & Court Testimony $386.00 PMI Project Manager I $170.00 PMII Project Manager II $220.00 78 910 Brooks Street, Suite 203 Missoula, MT 59801 (406) 542-2849 www.aeg.design 12/08/2023 Subject: Billing Rates for CY2024 Below are our billing rates for calendar year 2024: Principal $225/hour Senior Engineer $185/Hour Engineer II $170/Hour Engineer I $155/Hour Designer II $145/Hour Designer I $130/Hour Project Coordinator $95.00/Hour Sincerely, Paul DeWolfe, PE - Principal Axiom Engineering Group 910 Brooks #203 Missoula, MT 59801 406-542-2849 ext.701 paul@aeg.design www.aeg.design 79 City of Bozeman Urban Renewal District Term Contract Task Order Number # 001 PROJECT: On-Call Miscellaneous Engineering Services for the City of Bozeman Urban Renewal Districts Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Cushing Terrell for Architectural and Engineering Services. This Task Order is dated December 19, 2023 between the City of Bozeman and Cushing Terrell. The following representatives have been designated for the work performed under this Task Order: City: David Fine, Urban Renewal Program Manager Contractor: Wayne Freeman, Principal SCOPE OF WORK: The scope for this task order shall include miscellaneous design services to be provided on an as-needed basis at the request of the City of Bozeman Economic Development Department. COMPENSATION: Cushing Terrell will bill for its services on a time-and-materials basis not to exceed $20,000. Cushing Terrell 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 “time-and-materials basis” according to the attached standard rate sheets for Cushing Terrell and it’s subconsultants. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. 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 Cushing Terrell Jeff Mihelich, City Manager Wayne Freeman, Principal 80 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 a Professional Services Agreement with Sanderson Stewart for Architectural, Engineering, Land Surveying, and Land Use Planning Services for the City of Bozeman's Urban Renewal Districts and a Task Order #MID23-001 for 5th Avenue Pedestrian Lighting Design MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with Sanderson Stewart for Architectural, Engineering, Land Surveying, and Land Use Planning Services for the City of Bozeman's Urban Renewal Districts and a task order #MID23-001 for 5th Avenue pedestrian lighting design. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The City of Bozeman, with an incorporated population of roughly 53,000, is one of the fastest growing micropolitan areas in the country. There are high rates of development in both infill and edge locations in the City, and outside of the City limits as well, and high rates of employment growth in both. The City has identified six areas where statutory conditions of blight are present and where stagnation and decline in the tax base requires infrastructure led redevelopment. The Economic Development Department (EDD) employs a tax increment financing provision to facilitate private sector investment in these geographical areas. On August 9, 2023, the EDD department began the public request for qualifications (RFQ) process seeking a collaborator in implementing the adopted urban renewal and technology district plans as well as the the 2023 Economic Vitality Strategy. The request for qualifications requested firms with a breadth and depth of experience in architecture, engineering, land surveying, land use planning, and broadband deployment that supports thoughtful and context sensitive infill redevelopment. Additionally, the RFQ asked for firms with an an understanding of how placemaking is essential to urban redevelopment be demonstrated in their previous work, an understanding in infill development, and most importantly, a demonstrated interdisciplinary approach that fuses engineering and architecture with land 81 use planning and public policy to comprehensively support the Economic Development Department and Urban Renewal Districts’ strategic goals. City Staff scored and interviewed multiple RFQ submissions and found Cushing Terrell and Sanderson Stewart to be qualified to fulfil the needs of the EDD. Staff believes the wide-variety and volume of projects within the six urban renewal districts would be best served by retaining both Sanderson Stewart and Cushing Terrell with a general scope professional services agreement. The City will then use subsequent task orders for specific projects best suited to each firm. The master professional services agreement with specific task orders reflects the way the EDD works under the current professional services agreement for architectural, engineering, land surveying, and land use planning services, which expires at the end of 2023. Task Order #MID23-001 will provide design services for pedestrian scale lighting on 5th Avenue adjacent to the Westlake BMX Park. The scope of work attached to Task Order MID#23-001 reflects project management, topographic survey pick-ups and base mapping, preliminary design, and final design. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:The term contract does not have any fiscal effects. Each task order under this contract will include a not to exceed clause based on the rate sheet of the contractor and an estimated number of hours to complete each task order. Task Order MID23-001 is not to exceed $16,050 which is available in the Midtown Urban Renewal District Budget. Attachments: 231107 Term Contract - Sanderson Stewart.pdf URD Task Order Form Example Exhibit A.pdf Rate Sheets Exhibit B.pdf URD Task Order Form MID23-001_5th Ped Lighting.pdf MID23-001_SOW_5th_Ped_Lighting.pdf Report compiled on: November 7, 2023 82 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 19th day of _December , 2023 (“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, and the DOWNTOWNN BOZEMAN PARTNERSHIP, LLC (“DBP”) with a mailing address 222 East Main Street #302, Bozeman MT 59715, hereinafter with the City of Bozeman collectively referred to as “City” and SANDERSON STEWART, 106 East Babcock Street Suite L1, Bozeman, MT 59715 hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services as requested by written Task Order, as described in the Task Order. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 31st day of December, 2028, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with specific and corresponding schedule as mutually agreed upon by City and contractor and included in each individual task Order executed under the authority of this Agreement. Task Orders shall be in a format similar to “Exhibit A”, attached and made part of this Agreement. For conflicts between this Agreement and the Scope of Services in the Task Order, unless specifically provided otherwise, the Agreement governs. Contractor recognizes DBP issues task Orders for the Downtown Urban Renewal District and the City Issues Task Orders for all other tax increment financing districts. 83 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 2 of 12 4. Payment: The terms of compensation to contractor shall be agreed upon and included in each task Ordre. City agrees to pay contractor the amount specified in the individual Task Orders. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ 84 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 3 of 12 compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). 85 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 4 of 12 Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; 86 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 5 of 12 • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: 87 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 6 of 12 a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages 88 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 7 of 12 sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be David Fine (Urban Renewal 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, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. DBP’s Representative for the purpose of this Agreement shall be Ellie Staley or such other individual as DBP shall designate in writing. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Lauren Waterton (Associate Principal) or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 89 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 8 of 12 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications for the City, Contractor must use both the City style guide when creating a design, and, as per recommendations found in Section 508 of the Rehabilitation Act, the content must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. 90 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 9 of 12 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. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 91 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 10 of 12 19. 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. 20. 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. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. 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. 23. Survival: Contractor’s indemnification 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. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 92 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 11 of 12 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. 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. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. 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. 32. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than December 31, 2029. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 93 Professional Services Agreement for Architectural, Engineering, Land Surveying, and Land Use Planning Services 2024-2028 Page 12 of 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA SANDERSON STEWART By________________________________ By__________________________________ Jeff Mihelich, City Manager Danielle Scharf, Principal DOWNTOWN BOZEMAN PARTNERSHIP, LLC By_________________________________ Ellie Staley, Executive Director APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 94 City of Bozeman Urban Renewal District Term Contract Task Order Number # PROJECT: On-Call Miscellaneous Engineering Services for the ___________Renewal District Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with for Architectural and Engineering Services. This Task Order is dated between the City of Bozeman and _______. The following representatives have been designated for the work performed under this Task Order: City: David Fine, Urban Renewal Program Manager Contractor: Danielle Scharf, Principal SCOPE OF WORK: The scope for this task order shall include miscellaneous design services to be provided on an as-needed basis at the request of the City of Bozeman Economic Development Department. COMPENSATION: ______ will bill for its services on a time-and-materials basis not to exceed $_______. _______ 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 “time-and-materials basis” according to the attached standard rate sheets for ______ and it’s subconsultants. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. 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 Danielle Scharf, Principal 95 OUTSIDE CONSULTANTS SURVEY CREW SERVICES STAFF PERSONNEL SERVICES CHARGE OUT RATES EFFECTIVE AUGUST 5, 2023 Staff Engineer I $115.00/hour Staff Engineer II $130.00/hour Staff Engineer III $135.00/hour Project Engineer I $145.00/hour Project Engineer II $150.00/hour Senior Engineer I $185.00/hour Senior Engineer II $210.00/hour Principal $240.00/hour Engineer Intern $75.00/hour Expert Witness/Special Consultant $290.00/hour Staff Planner I $100.00/hour Staff Planner II $115.00/hour Planner I $130.00/hour Planner II $145.00/hour Senior Planner I $155.00/hour Senior Planner II $195.00/hour Senior Planner III $200.00/hour Right-of-Way Agent $168.00/hour Staff Landscape Designer I $100.00/hour Staff Landscape Designer II $115.00/hour Landscape Architect I $135.00/hour Landscape Architect II $145.00/hour Senior Landscape Architect I $160.00/hour Senior Landscape Architect II $175.00/hour Field Survey Technician I $85.00/hour Field Survey Technician II $88.00/hour Staff Surveyor I $110.00/hour Staff Surveyor II $125.00/hour Professional Land Surveyor I $135.00/hour Professional Land Surveyor II $148.00/hour Senior Professional Land Surveyor I $160.00/hour Senior Professional Land Surveyor II $180.00/hour Graphic Artist $105.00/hour CADD Technician I $100.00/hour CADD Technician II $105.00/hour Designer I $100.00/hour Designer II $110.00/hour Senior Designer I $120.00/hour Senior Designer II $145.00/hour Construction Inspector $88.00/hour Construction Engineering Technician $100.00/hour Senior Construction Engineering Technician $145.00/hour Construction Engineer I $145.00/hour Construction Engineer II $150.00/hour 1-person/2-person Crew $Per Job Survey Equipment $30.00 /fieldwork hour Survey Vehicle Mileage IRS Rate/Mile + $0.10/Mile Scanner Equipment $150.00 /hour Scanner Equipment (Hourly) $150 /hour Scanner Equipment (Full Day) $1,050 /day 1) At cost if independently billed direct to client. 2) Cost plus 5% if billed through us. INDEPENDENT LABORATORIES 1) At cost if independently billed direct to client. 2) Cost plus 5% if billed through us. ADMINISTRATIVE EXPENSES Administrative expenses (including copies, prints, phone, postage, materials, and travel) 3.5% * * based on professional services only, unless modified by contract Vehicle Mileage IRS Rate These rates are updated periodically to reflect market conditions. Rate increases will be reflected in future invoicing. STAFF PERSONNEL SERVICES CONTINUED Project Administrator $100.00/hour Senior Project Administrator $115.00/hour Administrative/Clerical $95.00/hour Senior Administrative Director $185.00/hour Marketing Coordinator $110.00/hour Senior Marketing Coordinator $125.00/hour Marketing Director $175.00/hour 96 2023 HOURLY RATES Architectural/Interior Design Clerical 80$ Junior Designer 80$ Project Manager Assistant 95$ Interior Designer (I)105$ Designer (I & II)115$ Procurement Coordinator II 115$ Interior Designer (II)115$ Architect (Arch I - II)120$ Designer (III)120$ Construction Administrator (I & II)120$ Technical Design (V)120$ Interior Designer (III)130$ Architect (Arch III)135$ Construction Administration (III)140$ Interior Designer (IV)145$ Procurement Manager IV 145$ Project Architect (Arch IV)145$ Designer (IV)145$ Construction Administrator (IV)145$ Designer (V)155$ Project Manager 165$ Project Architect (Arch V)165$ Senior Construction Administrator (V)165$ Interior Design (V)165$ Senior Preservation Architect (VI)185$ Preservation Architect (V)185$ Senior Architect (VI)185$ Principal 195$ Architectural Planner (VI)255$ Senior Principal 290$ Graphic Design Project Manager Assistant 85$ Digital Strategist 105$ Graphic Designer (II)110$ Graphic Designer (III)115$ Creative Writer 115$ Website Designer 125$ Graphic Designer (IV)135$ Graphic Designer (V)155$ Expenses Mileage Use the 2023 IRS Business Mileage Rate General Per Diem - Gov't Allowable For specific areas rates search gsa.gov/travel Printing - outsourced At Cost Lodging At Cost or for Gov't Project, search gsa.gov/travel 97 CTC’s Hourly Rate Schedule – 2023/2024 The CTC team will bill at the following hourly rates: Labor Category Hourly Rate Subject Matter Expert/Expert Testimony $425 CTO/Director of Business Consulting $325 Principal Analyst / Engineer $300 Senior Analyst / Engineer $275 Staff Analyst / Engineer $250 Broadband Help Desk Manager $225 Broadband Help Desk Aide II $98 Broadband Help Desk Aide I $65 Local travel (if required) is billed at current standard mileage rates. Non-routine expenses and long-distance travel are recovered at direct cost without mark-up. 98 BILLING CLASSIFICATION ENGINEERS Design Engineers 110.00$ -220.00$ Project Engineers / Project Managers 150.00$ -270.00$ Sr Engineers / Sr Project Managers 200.00$ -320.00$ Project Principal / Sr Technical Advisors 240.00$ -390.00$ DESIGNERS / TECHNICIANS / INSPECTORS 90.00$ -300.00$ CADD / BIM Specialist 75.00$ -195.00$ Project Support 70.00$ -210.00$ SUBSISTENCE (PER DIEM) TRAVEL 2 Wheel Drive Vehicle $0.75 /mile 4 x 4 Vehicle $0.75 /mile Rental Vehicles & Aircraft $Actual Cost Travel expenses will be charged at the following rates unless a separate rate is negotiated for a specific MONTANA AREA Direct project expenses will be charged at the rates listed below unless a separate rate is negotiated for a specific project. 2023 CHARGEABLE EXPENSE SCHEDULE Subsistence such as meals and lodging while out on a project will be charged at actual cost or at the per diem rate negotiated for a specific project. 2023 HOURLY RATE SCHEDULE RATE RANGES 99 TELEPHONE/FAX/POSTAGE SPECIAL EQUIPMENT CHARGES Electronic Distance Measuring $10 /hr. GPS - GEO XT $20 /hr. GPS - RTK $40 /hr. Manta 3-Phase Test Set $40 /hr. Meggar Testing Equipment $250 /day Soil Resistivity Testing Equipment $500 /day UTV $10 /hr. PRINTING Based on Product Code - See Next Page for additional information SURVEYING SUPPLIES (Includes: Flagging, Stakes, Etc.) Distribution $20 /mile Transmission $30 /mile OVERHEAD Long distance calls, telegrams, fax, cellular phone, and any special class postage will be charged at actual 2023 CHARGEABLE EXPENSE SCHEDULE (continued) Overhead costs, such as rent, insurance, utilities, office furniture, employee benefits, and taxes are included 100 4/6/2023 Product Code Description Units HDR CPC Rate Rates are inclusive of 30% recycled 20lb white paper stock, any specialty paper is charged separately. 6000 B&W 30% RECYCLED 8.5xl1 per image EACH 0.0857 6002 B&W 30% RECYCLED 8.5x14 per image EACH 0.0974 6004 B&W 30% RECYCLED 1l x l7 per image EACH 0.1228 6005 B&W 12 x 18 per image EACH 0.2652 6006 COLOR 30% RECYCLED 8.5x l1 per image EACH 0.1801 6008 COLOR 30% RECYCLED 8.5x l4 per image EACH 0.1918 6010 COLOR 30% RECYCLED 1l x l7 per image EACH 0.2397 6011 COLOR 12 x 18 per image EACH 0.3821 6012 WF COLOR 30% RECYCLED BOND SF 0.5500 6013 WF B&W 30% RECYCLED BOND SF 0.3113 Product Code Description Units Rates are inclusive of 30% recycled 20lb white paper stock, any specialty paper is charged separately. Finishing options are included in rates below, only if finishing options are available in center. 3000 B&W 30% RECYCLED 8.5xl1 per image EACH 0.1759 3002 B&W 30% RECYCLED 8.5x14 per image EACH 0.1876 3004 B&W 30% RECYCLED 1l x l7 per image EACH 0.2452 3006 B&W 12 x 18 per image EACH 0.3554 3008 COLOR 30% RECYCLED 8.5x l1 per image EACH 0.1980 3010 COLOR 30% RECYCLED 8.5x l4 per image EACH 0.2097 3012 COLOR 30% RECYCLED 1l x l7 per image EACH 0.2898 3014 COLOR 12 x 18 per image EACH 0.4000 3016 WideFormat COLOR 30% RECYCLED BOND - 36in roll SF 0.5500 3017 WideFormat B&W 30% RECYCLED BOND- 36in roll SF 0.3113 Staffed Print Room Services - US Fleet Devices - U.S. rates are subject to change and confidential for HDR only 101 STANDARD BILLING RATES FOR BASIC SERVICES Subject to Annual Adjustments Senior Vice President .................................................................................................................................... $320 Vice President ................................................................................................................................................ $300 Principal/Director .......................................................................................................................................... $280 Senior Project Manager ................................................................................................................................. $260 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 ............................................................................................................................... $110 102 City of Bozeman Urban Renewal District Term Contract Task Order Number #MID23-001 PROJECT: 5th Avenue Pedestrian Lighting Design 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 November 17, 2023 between the City of Bozeman Midtown Urban Renewal District (URD) and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Jesse DiTommaso, Economic Development Specialist Contractor: Danielle Scharf, Sanderson Stewart SCOPE OF WORK: The scope for this task order is detailed in the attached City of Bozeman Urban Renewal District Scope of Work – Task Order Number MID23-001. COMPENSATION: Sanderson Stewart will bill for its services on a lump sum basis with a project total of $16,050.00. 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 Danielle Scharf, Principal 103 Midtown Urban Renewal District Scope of Work – Task Order No. MID23-001 5th Avenue Pedestrian Lighting Design 11/17/23 Sanderson Stewart is pleased to provide this scope of work for design services for the installation of pedestrian lighting on North 5th Avenue adjacent to the Westlake BMX Park. This work is to be done as a part of the Urban Renewal District term contract for architectural and engineering services. A detailed list of assumptions and scope of services for the project are outlined below. Scope of Work: Phase 1 - Project Management This phase of the project will include project initiation, scoping, contract preparation, phone calls with the City of Bozeman, and project management throughout the project. Phase 2 - Topographic Survey Pick-ups and Base Mapping A detailed topographic survey of the project area has already been completed, including pre-survey utility locates, topographic features, and a corner search to establish right-of-way. The scope of this phase of the project will include any topographic survey pick-ups that are determined to be needed for the lighting design. Base drawings, which have already been prepared in Autocad format, will be updated as needed for the new survey pick-ups. If needed, public and private utilities will be located again prior to the survey. Phase 3 –Preliminary Design Design tasks for this phase of the project will include layout of the light poles and conduit runs in plan view. The plans will also include various details as needed for proper installation. Public and private utilities will be shown for coordination and identification of conflicts. Work will include performing photometric and wiring design calculations to meet the City of Bozeman standards and applicable electrical codes. Sanderson Stewart will prepare electrical special provisions, conduit fill calculations and a specifications manual including the templates for bid documents. The engineer’s opinion of probable cost will also be provided with this review submittal. It has been assumed that the streetlight pole foundations will be in accordance with the MDT standard specifications. It is not expected than any geotechnical investigation or structural design will be required for foundations. Phase 4 – Final Design Sanderson Stewart will address all review comments received from the City of Bozeman and prepare final plans, specifications and engineer’s opinion of probable cost. The final deliverable will include electronic copies of all submittal documents, as well as up to six hard copies. 104 The following items are not expected to be needed for this project and are therefore specifically excluded from this scope of work: • Landscape restoration and irrigation plans (by special provision only) • Construction administration, bidding and inspection services • Construction staking • Traffic signal design • Stormwater calculations and report • Stormwater Pollution Prevention Plan (SWPPP) permit • Right-of-way coordination • Wetland permitting and mitigation • Erosion control plans If needed, these items will be added as a separate task order or contract amendment. Fees and Billing Arrangements: Phase Fee 1. Project Management $850 2. Topographic Survey Pick-ups and Base Mapping $1,800 3. Preliminary Design $9,600 4. Final Design $3,800 Total $16,050 Sanderson Stewart will bill for its services on a lump sum basis with a project total of $16,050. Sanderson Stewart shall submit invoices to the Client 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. Project Schedule: The anticipated schedule for this project consists of the final design deliverable within 3 months of notice to proceed. 105 Memorandum REPORT TO:City Commission FROM:Brian Krueger, Development Review Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Authorize City Manager to Sign a Professional Services Agreement with TerraQuatic for Wetland Consulting Services during the Development Review Process MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve the city manager’s signature on the 2023 professional services agreement with TerraQuatic for wetland consulting services. 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:This is a consent item for the city manager’s signature in order to enter into an agreement for professional services for wetland consulting services to support the development review process. The City utilizes contract services to perform wetlands review for development review projects and in the administration of Division 38.610 of the Bozeman Municipal Code. TerraQuatic is a local firm. Lynn Bacon, the principal of TerraQuatic has served on the City's wetland review board in past years. As a wetland scientist, she will perform the review and produce a report per the attached scope of work. The Department of Community Development has approved budget resources to fund professional services of this type. The review will be as needed and dependent upon whether or not each project includes wetlands and/or watercourses that contain adjacent wetlands. The contract will be managed by the development review division of Community Development. Brian Krueger, Development Review Manager will be the City’s representative for the contract. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:The Department of Community Development has approved budget 106 resources to fund professional services of this type Attachments: Professional Services Agreement TerraQuatic 2023.pdf Report compiled on: December 1, 2023 107 19 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this __19___ day of ____September________, 2023 (“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, TerraQuatic, LLC., Lynn Bacon, 1336 Cherry Drive, Bozeman, MT 59715, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 1st of October, 2025, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. The City’s Data. The City’s data means any information provided or made available to the Contractor by the City in furtherance of this Agreement and the Scope of Services. Contractor acknowledges that, as between Contractor and the City, the City owns all right, title, and interest, including all intellectual property rights, in and to the City’s data. The City grants to Contractor a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the City’s data and perform all acts with respect to the City’s data as may be necessary for Contractor to provide the work described in the Scope of Services to the City. Unless the City provides written consent, Contractor must not access or use the City’s data for any other purpose than as described in this Agreement and the Scope of Services. Professional Services Agreement for Wetlands Review Page 1 of 13 108 5. Payment: City agrees to pay Contractor the amount specified in Exhibit B - Costs. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 6. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 7. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Professional Services Agreement for Wetlands Review Page 2 of 13 109 In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 8. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to Professional Services Agreement for Wetlands Review Page 3 of 13 110 defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. Professional Services Agreement for Wetlands Review Page 4 of 13 111 The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 9. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. Professional Services Agreement for Wetlands Review Page 5 of 13 112 b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 11. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 12. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Brian Krueger, Development Review Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or Professional Services Agreement for Wetlands Review Page 6 of 13 113 communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Lynn Bacon, or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 13. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 14. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 15. Nondiscrimination and Equal Pay: Professional Services Agreement for Wetlands Review Page 7 of 13 114 The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). 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. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising Professional Services Agreement for Wetlands Review Page 8 of 13 115 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. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19. 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. 20. 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. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. 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. 23. Survival: Contractor’s indemnification shall survive the termination or expiration of Professional Services Agreement for Wetlands Review Page 9 of 13 116 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. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. 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. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. 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. 32. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than October 1, 2025. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** Professional Services Agreement for Wetlands Review Page 10 of 13 117 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA By________________________________ Jeff Mihelich, City Manager TERRAQUATIC, LLC CONTRACTOR By___________ _______ Print Name: Lynn Bacon Print Title: Owner APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 118 Professional Services Agreement for Wetlands Review Page 11 of 13 119 EXHIBIT A – SCOPE OF SERVICES City of Bozeman, Wetland Review Services Project application wetlands and watercourse technical review. Scope of Work: The majority of the work is anticipated to be assigned on an as-needed/on-call basis. The general municipal wetland and watercourse support work may include, but is not limited to the following: the consultant will perform wetland and watercourse review for substantial conformance with City’s wetland regulations in Section 38.610 of the Bozeman Municipal Code. This will consist of the review of wetland studies, wetland delineations and other related reports included with development review project applications in accordance with the most current version of the development codes and standards as adopted by the City of Bozeman. The consultant will review the project application and wetland related submittal materials including wetland studies, wetland delineations, draft permits and other related reports; will evaluate the impacts that the proposed regulated activities may have on delineated wetlands and provide recommendations on wetlands protection, mitigation and/or enhancement. The consultant will specifically provide the City a recommendation on all proposed buffers; a recommendation on all proposed modifications and impacts to wetland and call out any specific details regarding incomplete or incorrect items on the plans and/or reports, and a description of what corrections or additions are required as well as references to the specific, applicable code sections relating to the deficiencies. The consultant will review any proposed mitigation, including type, quality, and location and make a recommendation on the proposed approach. A report shall be submitted with this evaluation for each project in both paper and digital formats. The report shall include a summary of the written review including clear findings and recommendations. This report shall be completed ten working days from the date that the City submits the application materials to the consultant for review in digital format. Attendance at preliminary application or site review or other meetings may be occasionally required. As directed, the consultant may periodically provide support before the Bozeman City Commission as an expert on the subject matter. Professional Services Agreement for Wetlands Review Page 12 of 13 120 EXHIBIT B – COST Professional Services Agreement for Wetlands Review Page 13 of 13 121 Memorandum REPORT TO:City Commission FROM:Brian Krueger, Development Review Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Authorize City Manager to Sign a Professional Services Agreement with Naiad, LLC for Wetland Consulting Services during the Development Review Process MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve the city manager’s signature on the 2023 professional services agreement with Naiad, LLC for wetland consulting services 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:This is a consent item for the city manager’s signature in order to enter into an agreement for professional services for wetland consulting services to support the development review process. The City utilizes contract services to perform wetlands review for development review projects and in the administration of Division 38.610 of the Bozeman Municipal Code. Naiad, LLc is a local firm. Bill Kleindl, the principal of Naiad, LLC has provided wetland review services to Community Development in past years. As a wetland scientist, he will perform the review and produce a report per the attached scope of work. The Department of Community Development has approved budget resources to fund professional services of this type. The review will be as needed and dependent upon whether or not each project includes wetlands and/or watercourses that contain adjacent wetlands. The contract will be managed by the development review division of Community Development. Brian Krueger, Development Review Manager will be the City’s representative for the contract. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:The Department of Community Development has approved budget 122 resources to fund professional services of this type Attachments: Professional Services Agreement Naiad 2023.pdf Report compiled on: December 1, 2023 123 Professional Services Agreement for Wetlands Review Page 1 of 13 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 2023 (“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, Naiad, LLC., Bill Kleindl, 401 South 8th Avenue, Bozeman, MT 59715, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 1st of October, 2025, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. The City’s Data. The City’s data means any information provided or made available to the Contractor by the City in furtherance of this Agreement and the Scope of Services. Contractor acknowledges that, as between Contractor and the City, the City owns all right, title, and interest, including all intellectual property rights, in and to the City’s data. The City grants to Contractor a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the City’s data and perform all acts with respect to the City’s data as may be necessary for Contractor to provide the work described in the Scope of Services to the City. Unless the City provides written consent, Contractor must not access or use the City’s data for any other purpose than as described in this Agreement and the Scope of Services. 1st October 124 Professional Services Agreement for Wetlands Review Page 2 of 13 5. Payment: City agrees to pay Contractor the amount specified in Exhibit B - Costs. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 6. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 7. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. 125 Professional Services Agreement for Wetlands Review Page 3 of 13 In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 8. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to 126 Professional Services Agreement for Wetlands Review Page 4 of 13 defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. 127 Professional Services Agreement for Wetlands Review Page 5 of 13 The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 9. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. 128 Professional Services Agreement for Wetlands Review Page 6 of 13 b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 11. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 12. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Brian Krueger, Development Review Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or 129 Professional Services Agreement for Wetlands Review Page 7 of 13 communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Bill Kleindl, or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 13. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 14. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 15. Nondiscrimination and Equal Pay: 130 Professional Services Agreement for Wetlands Review Page 8 of 13 The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). 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. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising 131 Professional Services Agreement for Wetlands Review Page 9 of 13 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. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19. 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. 20. 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. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. 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. 23. Survival: Contractor’s indemnification shall survive the termination or expiration of 132 Professional Services Agreement for Wetlands Review Page 10 of 13 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. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. 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. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. 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. 32. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than October 1, 2025. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 133 Professional Services Agreement for Wetlands Review Page 11 of 13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA NAIAD, LLC CONTRACTOR By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: Bill Kleindl Print Title: Owner APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney Naiad Aquatic Consultants, LLC 134 Professional Services Agreement for Wetlands Review Page 12 of 13 EXHIBIT A – SCOPE OF SERVICES City of Bozeman, Wetland Review Services Project application wetlands and watercourse technical review. Scope of Work: The majority of the work is anticipated to be assigned on an as-needed/on-call basis. The general municipal wetland and watercourse support work may include, but is not limited to the following: the consultant will perform wetland and watercourse review for substantial conformance with City’s wetland regulations in Section 38.610 of the Bozeman Municipal Code. This will consist of the review of wetland studies, wetland delineations and other related reports included with development review project applications in accordance with the most current version of the development codes and standards as adopted by the City of Bozeman. The consultant will review the project application and wetland related submittal materials including wetland studies, wetland delineations, draft permits and other related reports; will evaluate the impacts that the proposed regulated activities may have on delineated wetlands and provide recommendations on wetlands protection, mitigation and/or enhancement. The consultant will specifically provide the City a recommendation on all proposed buffers; a recommendation on all proposed modifications and impacts to wetland and call out any specific details regarding incomplete or incorrect items on the plans and/or reports, and a description of what corrections or additions are required as well as references to the specific, applicable code sections relating to the deficiencies. The consultant will review any proposed mitigation, including type, quality, and location and make a recommendation on the proposed approach. A report shall be submitted with this evaluation for each project in both paper and digital formats. The report shall include a summary of the written review including clear findings and recommendations. This report shall be completed ten working days from the date that the City submits the application materials to the consultant for review in digital format. Attendance at preliminary application or site review or other meetings may be occasionally required. As directed, the consultant may periodically provide support before the Bozeman City Commission as an expert on the subject matter. 135 Professional Services Agreement for Wetlands Review Page 13 of 13 EXHIBIT B – COST 136 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, Director of Transportation SUBJECT:Authorize the City Manager to sign a PSA with TerraQuatic, LLC for Wetland Code Revision Assistance MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a PSA with TerraQuatic, LLC for Wetland Code Revision Assistance. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND: The city of Bozeman is currently delivering a City Commission priority to prioritize mitigation of wetland impacts at the local level. The goal of this code revision shall be to have all mitigation of wetland impacts occur within the East Gallatin watershed. Additionally, the code revision must account for changes to federal regulatory control associated with the Sackett decision out of the US Supreme Court. City Staff have completed a draft code revision and performed public engagement in October of 2023. As an outcome of said engagement, the Bozeman Community Development Board recommended city staff extend the project schedule in order to engage directly with technical experts within the community. TerraQuatic, LLC, acting in support of city staff, is tasked with using the draft completed by staff in a reorganization of the city code such that aquatic resource-specific regulations are combined in one section and revised based on policy direction given by Bozeman City Commission. Revisions to the city draft may be included as necessary to achieve the policy goal. At this time, agricultural facilities are not anticipated to be included in this stage of code revision. City Staff will direct, review, and approve all code language drafted by the Contractor. Additionally, the contractor shall support city staff with their attendance and participation in up to three additional public engagement activities, at staff’s request. 137 UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by Commission FISCAL EFFECTS:Not to exceed $9,999 paid out of Engineering contracted services approved in the FY24 operating budget. Attachments: PSA_WetlandCodeRevision_TerraQuatic.pdf Report compiled on: December 8, 2023 138 Professional Services Agreement for Wetland Code Revision Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _19_ day of __December__, 2023 (“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, TerraQuatic, LLC., 1336 Cherry Drive, Bozeman, MT 59715, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the __30th__ day of _June__, 2024, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor time and materials for work described in Exhibit A up to an amount not to exceed $9,999. Contractor shall report all anticipated work activities to the Director of Transportation and Engineering on a weekly basis before completion of said work. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, 139 Professional Services Agreement for Wetland Code Revision Page 2 of 11 Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 140 Professional Services Agreement for Wetland Code Revision Page 3 of 11 Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. 141 Professional Services Agreement for Wetland Code Revision Page 4 of 11 Contractor 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] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: · Workers’ Compensation – statutory; · Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; · Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; · Automobile Liability - $1,000,000 property damage/bodily injury per accident; and · Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. 142 Professional Services Agreement for Wetland Code Revision Page 5 of 11 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. 143 Professional Services Agreement for Wetland Code Revision Page 6 of 11 c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Nicholas Ross, P.E., Director of Transportation and Engineering or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the 144 Professional Services Agreement for Wetland Code Revision Page 7 of 11 purpose of this Agreement shall be Lynn Bacon or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. 145 Professional Services Agreement for Wetland Code Revision Page 8 of 11 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. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 146 Professional Services Agreement for Wetland Code Revision Page 9 of 11 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 147 Professional Services Agreement for Wetland Code Revision Page 10 of 11 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. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA TERRAQUATIC, LLC CONTRACTOR By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: Lynn Bacon Print Title: Owner APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 148 Professional Services Agreement for Wetland Code Revision Page 11 of 11 EXHIBIT A – SCOPE OF SERVICES City of Bozeman Wetland Code Revision The scope of work for this contract includes advisory services and technical writing associated with the city of Bozeman’s Wetland Code Revision project. The city of Bozeman is currently delivering a City Commission priority to prioritize mitigation of wetland impacts at the local level. The goal of this code revision shall be to have all mitigation of wetland impacts occur within the East Gallatin watershed. Additionally, the code revision must account for changes to federal regulatory control associated with the Sackett decision out of the US Supreme Court. City Staff have completed a draft code revision and performed public engagement in October of 2023. As an outcome of said engagement, the Bozeman Community Development Board recommended city staff extend the project schedule in order to engage directly with technical experts within the community. TerraQuatic, LLC, acting in support of city staff, is tasked with using the draft completed by staff in a reorganization of the city code such that aquatic resource-specific regulations are combined in one section and revised based on policy direction given by Bozeman City Commission. Revisions to the city draft may be included as necessary to achieve the policy goal. At this time, agricultural facilities are not anticipated to be included in this stage of code revision. City Staff will direct, review, and approve all code language drafted by the Contractor. Additionally, the contractor shall support city staff with their attendance and participation in up to three additional public engagement activities, at staff’s request. Contractor agrees to engage with the public by any means only at the city’s direction. 149 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a PSA with Naiad Aquatic Consultants, LLC for Wetland Code Revision Assistance MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a PSA with Naiad Aquatic Consultants, LLC for Wetland Code Revision Assistance. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND: The city of Bozeman is currently delivering a City Commission priority to prioritize mitigation of wetland impacts at the local level. The goal of this code revision shall be to have all mitigation of wetland impacts occur within the East Gallatin watershed. Additionally, the code revision must account for changes to federal regulatory control associated with the Sackett decision out of the US Supreme Court. City Staff have completed a draft code revision and performed public engagement in October of 2023. As an outcome of said engagement, the Bozeman Community Development Board recommended city staff extend the project schedule in order to engage directly with technical experts within the community. Naiad Aquatic Consultants, LLC , acting in support of city staff, is tasked with technical assistance and advisory services related to enhanced wetland mitigation priority. This may include advising staff in negotiations with the Army Corps of Engineers. In addition, the consultant is tasked with developing a proportional estimate of wetlands within city growth boundary that are anticipated to fall under federal and local jurisdiction as a result of the Sackett Decision of the US Supreme Court. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission 150 FISCAL EFFECTS:Cost not to exceed $9,999 paid out of Engineering Contracted Services approved in the FY24 operating budget. Attachments: PSA_WetlandCodeRevision_Naiad.pdf Report compiled on: December 8, 2023 151 Professional Services Agreement for Wetland Code Revision Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _19_ day of __December__, 2023 (“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, Naiad Aquatic Consultants, LLC., South 8th Avenue, Bozeman, MT 59715, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the __30th__ day of _June__, 2024, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor time and materials for work described in Exhibit A up to an amount not to exceed $9,999. Contractor shall report all anticipated work activities to the Director of Transportation and Engineering on a weekly basis before completion of said work. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, 152 Professional Services Agreement for Wetland Code Revision Page 2 of 11 Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 153 Professional Services Agreement for Wetland Code Revision Page 3 of 11 Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. 154 Professional Services Agreement for Wetland Code Revision Page 4 of 11 Contractor 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] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: · Workers’ Compensation – statutory; · Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; · Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; · Automobile Liability - $1,000,000 property damage/bodily injury per accident; and · Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. 155 Professional Services Agreement for Wetland Code Revision Page 5 of 11 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. 156 Professional Services Agreement for Wetland Code Revision Page 6 of 11 c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Nicholas Ross, P.E., Director of Transportation and Engineering or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the 157 Professional Services Agreement for Wetland Code Revision Page 7 of 11 purpose of this Agreement shall be Lynn Bacon or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. 158 Professional Services Agreement for Wetland Code Revision Page 8 of 11 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. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 159 Professional Services Agreement for Wetland Code Revision Page 9 of 11 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 160 Professional Services Agreement for Wetland Code Revision Page 10 of 11 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. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA NAIAD AQUATIC CONSULTANTS, LLC CONTRACTOR By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: William Kleindl Print Title: President APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 161 Professional Services Agreement for Wetland Code Revision Page 11 of 11 EXHIBIT A – SCOPE OF SERVICES City of Bozeman Wetland Code Revision The scope of work for this contract includes advisory services and technical writing associated with the city of Bozeman’s Wetland Code Revision project. The city of Bozeman is currently delivering a City Commission priority to prioritize mitigation of wetland impacts at the local level. The goal of this code revision shall be to have all mitigation of wetland impacts occur within the East Gallatin watershed. Additionally, the code revision must account for changes to federal regulatory control associated with the Sackett decision out of the US Supreme Court. City Staff have completed a draft code revision and performed public engagement in October of 2023. As an outcome of said engagement, the Bozeman Community Development Board recommended city staff extend the project schedule in order to engage directly with technical experts within the community. Naiad Aquatic Consultants, LLC, acting in support of city staff, is tasked with the following: · Providing the city with recommendations for revisions to the City draft of BMC · Advising the city on any revisions to BMC sections necessary for the execution of enhanced mitigation priority · Developing an estimate of the proportion of wetlands within the City of Bozeman growth boundary that are: o Anticipated to be within federal jurisdiction and local jurisdiction based on public ACOE post-Sackett rulemaking, or o Identify specific areas that would not fall under federal jurisdiction · Advising the city in discussions with Army Corps of Engineers, including review of comments and participation in one meeting Additionally, the contractor shall support city staff with their attendance and participation in up to three additional public engagement activities, at staff’s request. Contractor agrees to engage with the public by any means only at the city’s direction. 162 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 Two to the Professional Services Agreement with KLJ Engineering for Engineering Services Related to the Aspen Street Pedestrian Bridge and Sidewalk MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a second amendment to the professional services agreement with KLJ Engineering for services related to the Aspen Street Pedestrian Bridge and sidewalk. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Aspen Street Pedestrian Bridge would improve non-motorized vehicle connectivity in the neighborhood and further encourage bike and pedestrian traffic in the neighborhood. On December 8, 2020 the City Commission authorized the original professional services agreement with KLJ engineering for the completion of the design for the Aspen Street Pedestrian Bridge. Since that time, the design work has been completed and the project is moving forward into construction. On March, 21, 2023 the City Commission authorized an amendment to the professional services agreement with KLJ for project management, floodplain modeling, permitting construction services, construction staking, and closeout services as KLJ engineering had already done significant work on the design elements of the bridge during past work plans. Construction of the bridge in the fall of 2023 was delayed due to issues with flood plain permitting. Amendment two to the professional services agreement is an extension of time in order for construction to begin in the fall of 2024. UNRESOLVED ISSUES:None. 163 ALTERNATIVES:As recommended by the Commission. FISCAL EFFECTS:The Fiscal Year 2023 work plan for the Northeast Urban Renewal District includes money to complete the of the Aspen Street Pedestrian Bridge. The bridge has been a priority of the neighborhood since the Fiscal Year 2011 work plan. This amendment does not have any additional fiscal effects. Attachments: 23- Amendment 2 to PSA with KLJ for Aspen Street Ped Bridge.pdf Report compiled on: March 1, 2023 164 2nd Amendment to Professional Services Agreement for Aspen Street Pedestrian Bridge FY 2024 – FY 2025 Page 1 of 2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS 1ST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Engineering services for an Aspen Street Pedestrian Bridge dated December 8, 2020 (the “Agreement”) is made and entered into this 19th day of December, 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 KLJ Engineering, LLC 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. Extension of Term. This Agreement is effective upon the date of its extension and will terminate December 31, 2024. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 165 2nd Amendment to Professional Services Agreement for Aspen Street Pedestrian Bridge FY 2024 – FY 2025 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 KLJ ENGINEERING, LLC By________________________________ By_____________________________ Jeff Mihelich, City Manager Mark Anderson Senior Vice President Public Works APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 166 Memorandum REPORT TO:City Commission FROM:Mike Veselik, Economic Development Program Manager Brit Fontenot, Economic Development Director Kira Peters, Assistant City Manager SUBJECT:Authorize the City Manager to Sign Task Order #EDD23-004 with Sanderson Stewart for On-Call Miscellaneous Parking Services MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:I move to authorize the City Manager to Sign Task Order #EDD23-004 with Sanderson Stewart for On-Call Miscellaneous Parking Services 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: The scope for this task order shall include miscellaneous services to explore options for increasing parking supply in Downtown Bozeman to be provided on an as-needed basis at the request of the City of Bozeman Economic Development Department. The task order is used for small, low-cost tasks. Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Sanderson Stewart for Architectural and Engineering Services. UNRESOLVED ISSUES:No Unresolved Issues ALTERNATIVES:Alternatives as proposed by the Commission FISCAL EFFECTS:Sanderson Stewart will bill for its services on a time-and-materials basis not to exceed $10,000.00. Approved in FY24 budget. Attachments: URD Task Order Form EDD23-004.docx Report compiled on: December 5, 2023 167 City of Bozeman Urban Renewal District Term Contract Task Order Number #EDD23-004 PROJECT:On-Call Miscellaneous Parking Services 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 December 6, 2023 between the City of Bozeman Economic Development Department and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Mike Veselik, Economic Development Department Contractor: Danielle Scharf, Sanderson Stewart SCOPE OF WORK:The scope for this task order shall include miscellaneous services to explore options for increasing parking supply in Downtown Bozeman to be provided on an as-needed basis at the request of the City of Bozeman Economic Development Department. COMPENSATION:Sanderson Stewart will bill for its services on a time-and-materials basis not to exceed $10,000.00. 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 “time-and-materials basis” according to the attached standard rate sheet for Sanderson Stewart. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. 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 Danielle Scharf, Principal 168 Memorandum REPORT TO:City Commission FROM:Adam Oliver, Stormwater Program Manager Brian Heaston, Interim Utilities Director SUBJECT:Amendment 2 to Professional Services Agreement with DOWL, LLC for the Stormwater Facilities Plan Update MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Amendment 2 to a Professional Services Agreement with DOWL, LLC for the Stormwater Facilities Plan Update STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The 2008 Stormwater Facilities Plan focused on the development of a Stormwater Management Program, which the City has made progress on implementing since its adoption. Today, growth, evolving regulations, and new system information have made the 2008 Plan outdated. In response, the City initiated the Stormwater Facilities Plan Update (Project) to provide operational and policy recommendations. Progress on the Project is approximately halfway complete. To initiate the Project, Staff sought assistance from a qualified consultant through the City’s typical Request for Proposals (RFP) process in December of 2020. The City selected DOWL, LLC (Consultant) and signed a Professional Services Agreement (PSA). Remaining tasks aim to fill in modeling gaps, plan for water quality and runoff capacity capital projects, review program goals, and compile the new document. Attached are the original PSA, proposed scope of services, and budget for the proposed phase of the Project, as well as the proposed amendment. Staff plans to complete the project in phases to strategically allocate funding and have the Consultant focus on key objectives that, once complete, will dictate next steps. All amendments to the governing PSA will be presented to the Commission. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. 169 FISCAL EFFECTS:The Commission approved the Project (CIP#: STUO01, STDM17) as a part of the FY20 and FY23 Budget adoption processes. The overall Project budget is $425,000. Tasks and payment for services provided in the original scope and first amendment are complete, totaling $230,417.00. The proposed amendment to the PSA will be paid on the same basis up to an additional $194,583.00. Staff reviewed the scope and found its contained budget to be commensurate with the proposed services. Attachments: 22- Professional Services Agreement - DOWL Inc - Stormwater Facilities Update.pdf Attachment A - Amendment 2 Scope and Budget.pdf PSA Amendment 2 with DOWL for SW Facilities Plan.pdf Report compiled on: December 5, 2023 170 Professional Services Agreement – Engineering FY2020-2021 Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2022 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and DOWL, LLC with a mailing address of 1283 N 14th Ave Ste 101, Bozeman, MT 59715, hereinafter referred to as “Consultant.” The City and Consultant may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Consultant to perform for City services described in the Scope of Services attached hereto as “Exhibit A – Scope of Services” and by this reference made a part hereof for the Project: [Stormwater Facilities Plan Update]. 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will terminate upon satisfactory completion of the agreed Scope of Services, which may be amended from time to time by the mutual agreement of the Parties pursuant to terms of this agreement, as determined by the City. 3. Scope of Services: Consultant will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. Consultant may, at its own risk, use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, Sub- consultants, manufacturers, suppliers, and publishers of technical standards. 4. Payment for Scope of Services: Reimbursement shall be on a Fixed Price Lump Sum Basis, with a not-to-exceed total of $198,413. The Contractor shall invoice no more often than monthly for services performed in the previous month. To be consistent with services actually rendered, the Contractor may alter the distribution of compensation between individual phases/tasks of the work noted herein but shall not exceed the total estimated compensation without City’s prior approval. DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6 24 May 171 Professional Services Agreement – Engineering FY2020-2021 Page 2 of 12 5. Reimbursable Expenses: As defined in section 8 of this Agreement, for completion of the Scope of Services and approved Additional Services, reimbursable expenses shall be paid to the Consultant by the City in the actual amount of the costs incurred up to an amount not to exceed $198,413. The administrative markup factor being applied by the Consultant for any of its Sub- consultants shall be indicated on “Exhibit B – Budget” and be no higher than 1.05. 6. Additional Services: If the City requests Consultant to perform any Additional Services not otherwise provided for in this Agreement, City shall so instruct the Consultant in writing, and the Consultant shall perform, or direct its Sub-consultants to perform, such services necessary to complete the Additional Services requested. The City and Consultant shall mutually agree upon a basis of payment for the Additional Services requested prior to the Consultant proceeding with such Additional Services. 7. Times of Payments: The Consultant may submit monthly statements for the Scope of Services and approved Additional Services rendered and for Reimbursable Expenses incurred. The statements shall be based upon Consultant’s estimate of the proportion of the total Scope of Services actually completed for each task at the time of billing. 8. Meaning of Terms: a. Additional Services: Additional Services means services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by the City where changes are due to causes beyond the Consultant’s control. Additional Services can also mean providing other services not otherwise provided for in the Agreement that are substantially similar to and generally consistent with the nature of services contained in the Scope of Services. b. Agreement: As used herein the term “this Agreement” refers to the contents of this document and its Attachments and Exhibits attached hereto and referred to as if they were part of one and the same document. c. Direct Labor Costs: Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all of the Consultant’s personnel engaged directly on the Scope of Services but does not included indirect payroll related costs or fringe benefits. d. Reimbursable Expenses: Reimbursable expenses mean the actual expenses incurred by the Consultant or its Sub-consultants directly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; toll telephone calls; specialized technology or software subscription charges; reproduction of reports, technical memoranda, drawings, renderings and similar Project-related items. DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6 172 Professional Services Agreement – Engineering FY2020-2021 Page 3 of 12 e. Sub-consultants: Sub-consultants means any independent professional associates working on the Project that are not directly employed by the Consultant and have rather been hired by the Consultant to serve a particular role or offer a particular service for the Project. 9. Consultant’s Representations: To induce City to enter into this Agreement, Consultant makes the following representations: a. Consultant has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Consultant 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 manner and with that degree of care and skill ordinarily exercised under the same conditions by professionals practicing in the same field, at the same time, and similar locality; 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. 10. Independent Contractor Status/Labor Relations: The parties agree that Consultant is an independent Contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Consultant 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. Consultant is not authorized to represent the City or otherwise bind the City in any dealings between Consultant and any third parties. Consultant 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. Consultant shall maintain workers’ compensation coverage for all members and employees of Consultant’s business, except for those members who are exempted by law. 11. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Consultant agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6 173 Professional Services Agreement – Engineering FY2020-2021 Page 4 of 12 consultants), losses, expenses, to the extent caused by or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Consultant; or (ii) any negligent, reckless, or intentional misconduct of any of the Consultant’s agents. For the professional services rendered, to the fullest extent permitted by law, Consultant 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 Consultant or Consultant’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee which would otherwise exist as to such indemnitee(s). Consultant’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Consultant to assert its right to defense or indemnification under this Agreement or under the Consultant’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 Consultant was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Consultant 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] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Consultant shall at Consultant’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Consultant in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Consultant in this Section. DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6 174 Professional Services Agreement – Engineering FY2020-2021 Page 5 of 12 The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Consultant shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City 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 Consultant commencing work. Consultant shall notify City within two (2) business days of Consultant’s receipt of notice that any required insurance coverage will be terminated or Consultant’s decision to terminate any required insurance coverage for any reason. 12. Termination for Consultant’s Fault: a. If Consultant refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Consultant’s right to proceed with all or any part of the work (“Termination Notice Due to Consultant’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 12, Consultant shall be entitled to payment only for those services Consultant actually rendered. c. Any termination provided for by this Section 12 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 12, Consultant shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 13. Termination for City’s Convenience: DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6 175 Professional Services Agreement – Engineering FY2020-2021 Page 6 of 12 a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Consultant (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Consultant. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Consultant shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Consultant shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 13, Consultant is entitled to payment only for those services Consultant actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 13(c) is the sole compensation due to Consultant for its performance of this Agreement. Consultant shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 14. Limitation on Consultant’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Consultant under this Agreement, Consultant’s damages shall be limited to contract damages and Consultant hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Consultant wants to assert a claim for damages of any kind or nature, Consultant shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the Consultant becoming aware of the facts and circumstances giving rise to the claim. In the event Consultant fails to provide such notice, Consultant shall waive all rights to assert such claim. 15. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Adam Oliver or such other individual as City shall designate in writing. Whenever DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6 176 Professional Services Agreement – Engineering FY2020-2021 Page 7 of 12 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, Consultant 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. Consultant’s Representative: The Consultant’s Representative for the purpose of this Agreement shall be Wade Irion or such other individual as Consultant shall designate in writing. Whenever direction to or communication with Consultant is required by this Agreement, such direction or communication shall be directed to Consultant’s Representative; provided, however, that in exigent circumstances when Consultant’s Representative is not available, City may direct its direction or communication to other designated Consultant 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. 16. Permits: Consultant shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 17. Laws and Regulations: Consultant shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 18. Nondiscrimination and Equal Pay: The Consultant agrees that all hiring by Consultant of persons performing this Agreement shall be on the basis of merit and qualifications. The Consultant will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Consultant 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 DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6 177 Professional Services Agreement – Engineering FY2020-2021 Page 8 of 12 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 Consultant 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. Consultant 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). Consultant must report to the City any violations of the Montana Equal Pay Act that Consultant has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Consultant shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this project and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best practices” publication and has read the material. 19. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Consultant shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Consultant acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Consultant shall be obligated to furnish such proof. The Consultant shall be responsible for instructing and training the Consultant's employees and agents in proper and specified work methods and procedures. The Consultant shall provide continuous inspection and supervision of the work performed. The Consultant is responsible for instructing its employees and agents in safe work practices. 20. Modification and Assignability: This Agreement may not be enlarged, modified, amended or altered except by written agreement signed by both parties hereto. The Consultant may not subcontract or assign Consultant’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any Sub-consultant or assignee will be bound by all of the terms and conditions of this Agreement. DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6 178 Professional Services Agreement – Engineering FY2020-2021 Page 9 of 12 21. Reports/Accountability/Public Information: Consultant agrees to develop and/or provide documentation as requested by the City demonstrating Consultant’s compliance with the requirements of this Agreement. Consultant 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 Consultant pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Consultant shall not issue any statements, releases or information for public dissemination without prior approval of the City. 22. 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. 23. 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. 24. Taxes: Consultant is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 25. 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. 26. Survival: Consultant’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 27. 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: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6 179 Professional Services Agreement – Engineering FY2020-2021 Page 10 of 12 28. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 29. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 30. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 31. 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. 32. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 33. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 34. Standard of Care: In providing services under this Agreement, Consultant will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the Consultant shall, at the City’s request, re- perform the service at its own expense. Consultant shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The City’s rights herein are in addition to any other remedies the City may have under the law 35. Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all monies due Consultant under this Agreement, Consultant’s work products produced under this Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or modification of the work products will be at City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants. 36. 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. DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6 180 Professional Services Agreement – Engineering FY2020-2021 Page 11 of 12 **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6 181 Professional Services Agreement – Engineering FY2020-2021 Page 12 of 12 In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA CONSULTANT BY: BY: Jeff Mihelich, City Manager DATE: DATE: ATTEST: BY: Mike Maas, City Clerk APPROVED AS TO FORM: BY: Greg Sullivan, City Attorney DocuSign Envelope ID: E3DD03BE-B0DB-4D60-BFA2-56CADAE449F6 5/31/20226/4/2022 182 City of Bozeman Phase II Stormwater Facilities Plan Update Scope of Work The Phase II scope of work is the remaining tasks needed to complete the Stormwater Facilities Plan Update for the City of Bozeman. This Phase II scope will incorporate efforts completed in Phase I, including the review and recommendations to the Post-Construction Program associated with storage facilities, some preliminary work on Pre-1980 storm drain area, and some flow measurement to help guide decisions in West Bozeman. The Phase II scope includes the development of an updated Stormwater Facilities Plan Report intended to be an internal document to guide the City on future improvements to its Stormwater Program. 1.General Project Management As the prime consultant, DOWL will lead the project and coordinate with the City of Bozeman. This includes managing the project scope, schedule, and budget and providing oversight and direction to the sub-consultants, Morrison & Maierle (MMI) and FCS Group. The following tasks are associated with general Project Management for this project. 1.1.Project Management 1.1.1.Perform general project management tasks, including job setup, contracting, monthly billing, project planning, scheduling, and coordination calls and meetings. Project management for the Stormwater Facilities Plan Update is assumed to last for 12 months. Invoices will include a work progress summary and a budget update, which includes the total budget, monthly charges, total spent, and remaining work for each Task assignment. 1.1.2.Regularly coordinate with the City of Bozeman (City) through monthly status update meetings throughout the project. These meetings will provide updates on progress, present key findings, obtain feedback, chart course corrections, and discuss budget status. It is assumed that MMI and FCS Group will participate in 3 and 4 of the monthly status meetings, respectively. DOWL has assumed that there will be four additional Microsoft Teams coordination meetings throughout the project in addition to the monthly meetings. It is assumed that MMI will participate in two of the additional Microsoft Teams coordination meetings, and FCS Group will attend one of the additional meetings. Deliverable: ·Monthly Invoices ·Monthly Status Update Meetings (Microsoft Teams) 183 2.Capital Improvement Needs for Pre-1980 Stormwater Facilities DOWL delineated the drainage basins within the Community Plan boundary (see attached figure) to help define master planning study areas for defining capital improvement project needs. The Pre-1980 stormwater facilities are primarily located within Basin #1, but some facilities extend into Basin #4 and #5. DOWL recommends evaluating this area holistically since runoff from Basin #5 spills into Basin #1 and then into Basin #4. The following tasks assume that all three of these basins will be modeled to reflect future build-out conditions to evaluate the performance of the Pre-1980 stormwater facilities within the currently fully developed areas. Planning Level Basins – Project Study Area (Basin #1, #4, and #5) 184 2.1.Data Collection Key data and information are required for a comprehensive analysis of Pre-1980 stormwater facilities. DOWL has already developed a preliminary model for the downtown storm drain system that will be expanded to encompass the rest of the proposed study area. DOWL will conduct research to collect additional data as needed. 2.1.1.Obtain and review any existing files, including previous drainage reports, survey mapping, as-builts, and any pertinent material. DOWL will develop and submit a list of as- builts and other data requests to the City. DOWL will also coordinate with MMI for any available data they have in-house. 2.1.2.Perform field visits to review areas of concern and areas of uncertainty within the area of study. This will include validating key stormwater elements like culverts, storm drain pipe alignments, and surface topography not clearly identified in the City of Bozeman LiDAR. DOWL has assumed field visits could take up to 16 hours for a two-man crew. 2.1.3.Perform field survey pickups where no data is available or when necessary to define key drainage features. Survey data could include ditch cross sections, ditch profiles, culverts, inlets, storm drains, ponds, and manhole measure-downs. DOWL will provide a survey request to MMI. MMI has assumed 24 hours for a crew of one and 20 hours for a crew of two. MMI will process the data and provide it to DOWL. 2.2.Develop Planning-Level Stormwater Model DOWL has already developed a planning-level stormwater model for the downtown area. This model was developed in both Autodesk Storm & Sanitary Analysis (SSA) and Innoyvze InfoSWMM platforms. Innoyvze will no longer be supporting InfoSWMM starting in 2026 and is planning to convert current users of this software platform to their new InfoWorks ICM platform from 2024 through 2025. DOWL recommends expanding the existing model to the new study area within the SSA platform, not only for efficiency to reduce the required project budget but also to avoid the risk of investing in a model that may not be supported in the future. DOWL will develop a lower-level planning model of the entire study area. The planning-level model will focus on the backbone storm drain network, including manholes, culverts, storm drains, storage facilities, and channels. This model will focus on the trunkline sizing and neglect the routing of inlets. The following are specific tasks to complete modeling of the study area. 2.2.1.Delineate sub-basins to the storm drain trunklines. 2.2.2.Determine basin characteristics such as percent impervious, basin slope, basin width and length, percentage of impervious drainage onto the pervious area or vice versa, and soil data to determine infiltration losses. DOWL will use the EPA SWMM method to simulate subbasin runoff and the SCS curve number method to model infiltration losses. 2.2.3.Expand the existing downtown stormwater model to represent the entire study area assuming pre-developed runoff. Incorporate storm drains, culverts, and channels 185 throughout the study area. DOWL will use data collected through subtask 2.1 to develop the stormwater model. 2.2.4.Incorporate storm events representative of the City of Bozeman into the model. Storms evaluated in the Downtown Storm Drain Study will be used in conjunction with actual storm events defined in Phase I of the Stormwater Facilities Plan Update. 2.2.5.Calibrate or validate the stormwater model results to observed flows or flooding. Review flooding issues identified in the 2008 Stormwater Facilities Plan and validate the flooding issues. 2.2.6.Perform QA/QC Review of the model and modeling results. 2.3.Identify Capacity Constraints 2.3.1.Evaluate tailwater influences on the City’s stormwater facilities from Bozeman Creek. DOWL will review the FEMA Flood Insurance Studies to determine base flood elevations to apply to the various outfalls. 2.3.2.Review the model results to identify constrictions and flooding problems within the study area. DOWL has already completed a capacity constraint evaluation of the downtown storm drain system. No additional constriction assessment will occur in the downtown area. 2.3.3.Develop an exhibit illustrating the storm drain capacities and highlight potential ponding areas within the study area. Deliverable: ·Storm Drain Capacity and Potential Flooding Exhibit 2.4.Water Quality Treatment Assessment Subtasks 2.2 and 2.3 focus on the quantity of stormwater runoff and not the quality of the water. This task will focus on water quality to help define areas within the study area that currently do not have water-quality treatment facilities. The outcome of this task would be to determine potential capital improvement projects for continued water quality improvement of the stormwater discharges into Bozeman Creek and East Gallatin River. The City of Bozeman will be responsible for the majority of the work on this task with DOWL providing a review and summary to be incorporated into the technical memorandum. 2.4.1.The City of Bozeman staff will delineate the outfalls from the study area that discharge into Bozeman Creek and Gallatin River. 2.4.2.The City will review the GIS data, identify water quality treatment facilities associated with these outfalls, and potential new treatment facilities. 2.4.3.The City staff will develop a figure showing the study area outfalls and existing treatment units and provide the GIS data to DOWL. The contributing areas will be delineated to distinguish the drainage areas with and without treatment units. 186 2.4.4.The City will define potential water quality improvement projects for the areas with no treatment facilities. City staff will identify potential locations for mechanical treatment units, ponds, infiltration facilities, and any other envisioned water quality treatment facilities and develop an exhibit showing the various locations. 2.4.5.DOWL will coordinate with the City of Bozeman to discuss potential locations that will be carried forward through planning-level design. 2.4.6.The City will finalize the location figure and develop budget-level cost ranges for the selected treatment types and locations. 2.4.7.The City will develop a list of water quality capital improvement projects for the study area. 2.4.8.DOWL will review the City’s GIS data, figures, cost ranges, and water quality project list and incorporate the results into the final report. Deliverable: ·Study Area Outfalls and Treatment Units Exhibit ·Potential Treatment Locations Exhibit ·Budget-Level Estimates ·Capital Improvements List 2.5.Evaluation of Proposed Stormwater Improvements 2.5.1.DOWL will modify the planning-level stormwater model to incorporate stormwater improvements to address capacity issues identified in Subtask 2.3. DOWL has assumed that 1 to 2 alternatives will be evaluated for each identified issue and has assumed a maximum of 8 issues. The City will prioritize the top eight issues. 2.5.2.Alternative stormwater improvements will be developed in recognition of the potential for underground utility conflicts to the extent that this information is available from As- Built construction drawings and atlas maps. Locations of potential conflicts with major utilities will be identified for additional investigation. 2.5.3.Investigate the downstream storm drainage system impacts for each of the alternatives evaluated. 2.5.4.Develop conceptual layouts and budget-level cost estimates for alternative storm drainage improvements. 2.5.5.Develop a capital improvement project list for the study area. Deliverable: ·Conceptual Layouts and Budget-Level Cost Estimates ·Capital Improvements Project List 187 2.6.Expand Downtown Stormwater Study The previous Downtown Stormwater Study evaluated solutions to reduce flows in the alleyway storm drain that was recently lined. This evaluation included increasing the size of the storm drain systems, incorporating new storm drain trunklines, and evaluating whether infiltration galleries would be beneficial. This subtask expands on that previous evaluation and will evaluate a combination of incorporating infiltration galleries and storm drain improvements to achieve water quantity and quality objectives. 2.6.1.Review available geotechnical information within Downtown Bozeman to understand the gravel depth and the underlying soils’ infiltration capacity. Perform a geologic review of the downtown area to understand the regional soil characteristics. 2.6.2.Develop a conceptual design of an infiltration gallery for the alternatives analysis. The size of these facilities will be laid out to fit within the boulevard sections. 2.6.3.Evaluate key locations for infiltration galleries based on geotechnical data and understanding of the surface runoff. 2.6.4.Evaluate an alternative consisting of a combination of infiltration galleries and storm drain improvements. This analysis is anticipated to be iterative to identify the optimum balance between the number of infiltration galleries and the required size of a new storm drain pipe. DOWL has assumed that 2 alternatives will be discussed in the report. 2.6.5.Compile the findings into a list of projects to meet the stormwater needs of Downtown Bozeman. 2.6.6.Provide a budget-level cost estimate. DOWL has assumed a maximum of 2 cost estimates will be developed. Deliverable: ·Downtown Bozeman Project List 2.7.Report and Review Meetings 2.7.1.Develop a Technical Memorandum discussing the modeling methodologies, findings, and recommendations for stormwater improvements within the study area. 2.7.2.Perform QA/QC review of the models. 2.7.3.Provide a summary presentation of the study and findings to the City of Bozeman. 2.7.4.Address comments received from the City of Bozeman. Deliverable: ·Draft Phase II Stormwater Planning Report ·Final Phase II Stormwater Planning Report 188 3.Culvert Maintenance and Replacement Program The City of Bozeman does not currently have a formal culvert inspection, maintenance, and replacement program. This task will provide recommendations on what elements are needed to develop a Culvert Maintenance and Replacement Program. It is assumed that the Bozeman city limits are the project’s extent for this task. DOWL has assumed no fieldwork will be associated with this task. 3.1.Research and provide recommendations for the following items associated with a Culvert Maintenance and Replacement Program. DOWL has assumed no fieldwork will be associated with this task. ·Inspection Frequency ·Condition Assessment Rating System ·Inspection Form ·Types of deficiencies and maintenance needs ·Types of replacement or full rehabilitation solutions 3.2.The City of Bozeman GIS data currently identifies culverts as gravity mains. DOWL will review this data and provide recommendations to the City on data gaps. 3.3.The findings from this assessment will be incorporated into the Stormwater Facilities Report. 4.Preliminary Open Channel Inventory Like the culvert program, the City of Bozeman does not have a formal program to address open channel conveyance systems. This subtask focuses on reviewing the open channel conveyance ditches, identifying ditch size and slopes, and defining the contributing area to each. Much of this work can be completed in conjunction with the scope of work for Subtask 3. It is assumed that the Phase III work assignment for the Stormwater Facilities Plan Update will expand on this preliminary work to assess deferred maintenance and internal program management needs. It is assumed that the Bozeman city limits are the project extent for this subtask. 4.1.Research and provide recommendations for the following items associated with a Open Channel Maintenance and Rehabilitation Program. DOWL has assumed no fieldwork will be associated with this task. ·Inspection Frequency ·Condition Assessment Rating System ·Inspection Form ·Types of deficiencies and maintenance needs ·Types of replacement or full rehabilitation solutions 4.2.The City of Bozeman GIS data identifies open channel conveyance ditches in the Urban Waterway and Water Features layer. DOWL will use this data as a starting point to define 189 the existing ditches. DOWL will perform an aerial review to identify any missing ditches from the GIS data and provide recommendations to the City on data gaps. 4.3.The findings from this assessment will be incorporated into the Stormwater Facilities Report. Overview exhibit, photos, and field collection notes will be included in the Appendix of the Stormwater Facilities Plan report. 5.Assessment and Review of Other Parts of the Stormwater Program A high-level assessment and review of the other parts of the City’s Stormwater Program not assessed in Phase I and the above tasks will be completed to provide an assessment of the entire program. This section will review operation and maintenance, deferred maintenance on existing facilities, capital improvement and planning needs, MS4 Compliance, and the program administration needs to run the program. This information will be incorporated into a final report for the Stormwater Facilities Plan that can be used as a guide moving into the future. This task will utilize questionnaires, work session meetings, and supporting documentation and will compile the findings into an easy-to-read matrix by program element. 5.1.Operation and Maintenance 5.1.1. Develop a questionnaire and matrix for the City’s stormwater division to fill out. This will include various operation and maintenance activities, including the following: ·Inlet Inspection & Cleaning ·Storm Drain Inspection & Cleaning ·Storm Drain Repairs ·Drainage Ditch Inspection & Cleaning – Completed in Section 4.0 ·Pond Inspection & Cleaning – Completed in Phase I ·Street Sweeping ·Culvert Inspection & Cleaning – Completed in Section 3.0 ·Treatment Device Cleaning ·Other Activities identified by City of Bozeman 5.1.2. It is assumed the City will provide the total number of facilities, staff hours, equipment use, and an assessment of the current level of service (below, meeting, or exceeding minimum standards) for the activities in Section 5.1.1. 5.1.3.Review the data provided by the City and have a meeting to discuss frequencies, minimum standards, and general recommendations moving into the future. 5.1.4.Document findings to be incorporated in the final report. 5.2.Deferred Maintenance 5.2.1.Develop a questionnaire and matrix for the City’s stormwater division to fill out. This will include various facilities such as inlets, manholes, storm drains, outfalls, and pumps. Ponds have been addressed with a more detailed analysis completed in Phase I. 5.2.2.The storm drain deferred maintenance will evaluate the remaining clay-tile pipe left in the system and look at the current projection to replace or line that type of pipe. 190 5.2.2.1.Provide a recommendation on the frequency of replacing/lining the clay- tile pipe. 5.2.3.Review the data provided by the City and have a meeting to discuss frequencies to catch up on the deferred maintenance and general recommendations moving into the future. 5.2.4.Document findings to be incorporated in the final report. 5.3.Capital Improvement and Planning 5.3.1.Review CIP projects from the 2008 Stormwater Facilities Plan and coordinate with the City on which CIP plans are still a priority. 5.3.2.Incorporate CIP projects from Task 2.0 5.3.3.Other areas of the City still need to be studied at some level to understand the CIP needs of the City of Bozeman. DOWL will recommend areas and prioritize them with the help of the City of Bozeman. This will include discussing West Bozeman and the flow measurement program completed in Phase I. 5.3.4.Discuss the final list of CIP projects and Planning Studies with the City and document findings in the final report. 5.4.MS4 Permits Compliance The City of Bozeman will provide a draft of the MS4 Permits Compliance section, which DOWL will review and incorporate into the Stormwater Facilities Plan Report. This section will summarize the current requirements for the MS4 permit and Co-permits with MSU, MDT, and Gallatin County. It will include a summary of DEQ’s latest audit, the City’s response to the audit, and solutions to violations or improvements suggested in the audit. 5.4.1.The City of Bozeman will provide a draft of the MS4 Permits Compliance section for DOWL to review and incorporate into the Stormwater Facilities Plan Report. 5.5.Program Administration 5.5.1.Develop a questionnaire and matrix for the City’s stormwater division to fill out. This will include various program administration activities, including the following: ·Development Reviews ·Contract Administration ·Customer Complaints ·GIS Support ·Outreach ·Other Activities identified by the City of Bozeman 5.5.2.It is assumed that the City will provide staff hours, equipment, and an assessment of the current level of service (below, meeting, or exceeding minimum standards) for the different activities. 5.5.3.Review the data provided by the City and have a meeting to discuss minimum needs and general recommendations moving into the future. 5.5.4.Document findings to be incorporated in the final report. 191 Deliverable: ·Summary Tables for Operation and Maintenance, Deferred Maintenance, Capital Improvement and Planning, and Program Administration 6.Stormwater Facilities Plan Report – FCS Group Develop a draft Stormwater Facilities Plan Report detailing the City of Bozeman’s Stormwater program. FCS Group’s portion of the report will be an executive summary and stand-alone report that is an expanded and revised version of the July 2023 Stormwater Utility: Rate Study Overview report. This updated report will include changes specifically in these areas: 6.1.1.Expand on the Introduction section to acknowledge key findings (if available at the time of writing) from the ongoing utility rate study related to stormwater operating and capital costs. 6.1.2.Expand on the Introduction to Utility Ratemaking Section to have a more comprehensive discussion of capital funding tools, including cash, debt, impact fees, etc., and to include a matrix of program elements and potential funding options. E.g., an example matrix could resemble the following. Funding Source O&M Deferred Maintenance Capital Improvements Rates X X X Debt X X Impact Fee ……… Grants ……… 6.1.3.Depending on data provided by City staff, reiterate the recommendation that a program-element gap analysis would result in quality inputs into future rate studies. 6.1.4.Provide an updated Exhibit 2 Three-Year Financial Performance for the City of Bozeman Stormwater Utility, to now include FY 21 – FY 23 actuals plus FY 24 budget. 6.1.5.Provide an updated Exhibit 3 2024-28 Stormwater Utility CIP based on City-provided data. 6.1.6.Provide a discussion on other funding sources used for stormwater facilities, like stormwater facilities associated with road projects. FCS Group Deliverables: ·Draft and Final Rate Study Overview Report ·Draft and Final Executive Summary to be Included in the Main Body of the Task 7 Stormwater Facilities Plan Report ·One (1), 60-Minute Remote Report Coordination Meeting 192 7.Stormwater Facilities Plan Report 7.1.Develop a draft Stormwater Facilities Plan Report detailing the City of Bozeman’s Stormwater program. Each major section will include a summary and assessment of the current program element along with recommendations for improvements. The preliminary outline of the report is anticipated to include these major headings. ·Introduction ·Purpose/Objective ·Inventory of Stormwater Facilities ·Operation & Maintenance ·Deferred Maintenance ·Capital Improvement & Planning ·MS4 Compliance ·Program Administration ·Cost Projection & Funding Options ·Summary of Recommendation 7.2.MMI will perform QA/QC Review of the Preliminary Report 7.3.Submit the report to the City staff for review. Attend a meeting to go over comments and questions from the City. 7.4.Address the City’s comments and provide a final version of the report. 7.5.Verify that the final report meets ADA criteria. Deliverable: ·Draft Stormwater Facilities Plan Report ·Final Stormwater Facilities Plan Report 8.Outreach The Stormwater Facilities Plan Report is intended to be an internal document to help guide City staff on ways to improve their stormwater program. It is assumed that the only public outreach will be with the Commission to provide an update on the findings and recommendations to the Stormwater Program. Additional outreach to other stakeholders may be required during the implementation of the recommendations and is not included in this scope of work. 8.1.Assist the City in developing a presentation to the Commission. 8.1.1. Provide the City with a preliminary outline of the presentation. Discuss the presentation outline with the City. 8.1.2.DOWL will assist in the development and review of the presentation. DOWL has assumed that 5 to 6 slides would need to be developed or reviewed. 8.1.3.DOWL will send two team members to answer questions and/or present at the commission meeting. 193 8.1.4.Attend a debrief meeting with the City’s staff to discuss the questions and concerns arising from the commission meeting. 8.1.5.Participate in a virtual work session for an additional stakeholder meeting. Attend the additional stakeholder outreach meeting. 194 Activity Tasks DOWL Cost FCS Group Cost MMI Cost Total Cost Task 100 Project Management $15,457 $3,015 $5,424 $23,896 Task 200 Capital Improvement Needs $82,310 $0 $13,720 $96,030 2.1 Data Collection $11,160 $0 $13,720 $24,880 2.2 Develop Planning-Level Stormwater Model $17,600 $0 $0 $17,600 2.3 Identify Capacity Constraints $3,920 $0 $0 $3,920 2.4 Water Quality Treatment Assessment $1,780 $0 $0 $1,780 2.5 Evaluation of Proposed Stormwater Improvements $18,220 $0 $0 $18,220 2.6 Expand Downtown Stormwater Study $16,130 $0 $0 $16,130 2.7 Report and Review Meetings $13,500 $0 $0 $13,500 Task 300 Culvert Maintenance and Replacement Program $4,060 $0 $0 $4,060 Task 400 Open Channel Inventory $4,060 $0 $0 $4,060 Task 500 Assessment and Review of Other Parts of the Stormwater Program $18,750 $0 $0 $18,750 5.1 Operation and Maintenance $3,630 $0 $0 $3,630 5.2 Deferred Maintenance $4,370 $0 $0 $4,370 5.3 Capital Improvement and Planning $6,080 $0 $0 $6,080 5.4 MS4 Permits Compliance $1,780 $0 $0 $1,780 5.5 Program Administration $2,890 $0 $0 $2,890 Task 600 Stormwater Facilities Plan Report - FCS Group $1,480 $7,710 $0 $9,190 Task 700 Stormwater Facilities Plan Report $23,550 $0 $3,464 $27,014 Task 800 Outreach $12,000 $0 $0 $12,000 $161,667 $10,725 $22,608 $195,000Project Total DATE: 11/10/2023 EST. PREPARED BY: DOWL PROJECT: Bozeman Stormwater Facility Plan Phase II DOWL Project Number: 4036.21888.02 195 Second Amendment to Professional Services Agreement for Stormwater Facilities Plan Update FY 2024 – FY 2025 Page 1 of 2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Stormwater Facilities Plan Update dated May 24, 2022 (the “Agreement”) is made and entered into this _____ day of ____________, 20__, 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 DOWL, LLC, 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. Updated Scope of Services: The attached scope of services and budget outline additional tasks which will inform the Facilities Plan Update 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 196 Second Amendment to Professional Services Agreement for Stormwater Facilities Plan Update FY 2024 – FY 2025 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 DOWL, LLC By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Wade Irion Title: DOWL Water Practice Lead APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 197 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign Amendment 1 to Task Order 2023TETC- 003 with Sanderson Stewart to provide Bidding and Construction Administration Services for an Rectangular Rapid Flashing Beacon on S Willson Ave at Garfield St MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment 1 to Task Order 2023TETC- 003 with Sanderson Stewart to provide Bidding and Construction Administration Services for an Rectangular Rapid Flashing Beacon on S Willson Ave at Garfield St STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:Sanderson Stewart was selected through a competitive process for the Transportation Engineering Term Contract. Task Order 2023TETC-003 under that term contract is for On-Call electrical Services. Project 1 of this Task Order is for a Rectangular Rapid Flashing Beacon (RRFB) on S Willson Ave at Garfield St. RRFBs improve vehicle yielding compliance at crosswalks. This location was previously identified as priority a location by the Bicycle Advisory Board and Pedestrian and Traffic Safety Committee. This project follows through on the installation. Amendment 1 adds additional scope to the Task Order to cover Bidding and Construction Engineering Services. Amendment 1 is for a time and materials based fee. City staff have reviewed and approved the proposed scope of work. UNRESOLVED ISSUES:None identified. ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:The work under Amendment 1 will be paid on a Time and Materials basis, not to exceed $12,000. The funds for this Amendment are currently available in STR132 Bike and Pedestrian Projects. 198 Attachments: Amendment_1_to_Task_Order_TETC23- 003_On_Call_Electrical_Services_121323.pdf 20230228_PSA_Engineering_Term_Contract_signed.pdf Report compiled on: December 6, 2023 199 / AMENDMENT TO SERVICES AGREEMENT - NO. 1 1. Project/Services Agreement Information Effective Date of Original Services Agreement: June 5, 2023 Project Name: Task Order 2023TETC-003 On Call Electrical Project Number: 22367.03 Client Name: City of Bozeman Engineering Department 2. Nature of Amendment Modifications to Sanderson Stewart scope of work and/or contract fee amount Modifications to Subconsultant scope of work and/or contract fee amount Modifications to project schedule 3. Description of Services Agreement Modifications Project 1 – Willson Ave & Garfield St RRFB Phase 3 – Bidding Assistance and Construction Contract Admin See attached Exhibit A – Scope of Services 4. Fee Modifications Original services agreement fee: $ 13,000.00 Total fees for prior Amendments: $ 0 Total services agreement fee with prior Amendments: $ 13,000.00 Proposed fee for this Amendment: $ 12,000.00 Total services agreement fee with all Amendments: $ 25,000.00 Client and Sanderson Stewart hereby agree to modify the above-referenced Services Agreement as set forth in this Amendment. All provisions of the Services Agreement not specifically modified by this or any prior Amendments shall remain in effect. The effective date of this Amendment shall be the signature date of the Client as shown below. CLIENT SANDERSON STEWART Signature: Signature: Printed: Jeff Mihelich Printed: Danielle Scharf Title: City Manager Title: Principal Date: Date: 200 Exhibit A – Scope of Services 2023TETC-003 On Call Electrical: Project 1 – Willson Ave & Garfield St RRFB Phase 3 - Bidding Assistance and Construction Contract Administration 12/13/23 Sanderson Stewart is pleased to provide this scope of work for the Willson Ave & Garfield St RRFB project. This phase of the project will consist of bidding services, construction contract administration and observation, and construction staking. A detailed scope of services for these tasks is outlined below. Phase 1 - Project Initiation This phase of the project includes preparation of the scope of work and amendment. Phase 2 – Construction Bidding Services This phase of the project will consist of construction bidding services, including the following: • Contractor coordination through private bid solicitation • Prepare contract documents for bidding after City final plan review • Facilitate pre-bid on-site meeting and distribute minutes Phase 3 – Construction/Contract Administration This phase of the project will consist of contract administration and construction observation tasks, including the following: • Prepare contract documents for construction to address addenda and other items that came up during bidding • Process contract documents for a single contract (up to four copies) • Shop drawing and traffic control plan review • Construction observation and documentation (assume observation for 4 hours each day and a 14-calendar day construction contract) • Site Visits by Engineer – up to 2 visits • Respond to Contractor RFI’s including coordination with construction inspector • Construction materials testing coordination and review • Process pay applications submitted by Contractor and any necessary work change directives, verify material quantities on all contractor pay requests, and prepare supporting documentation • Process the Certificate of Substantial Completion, coordinate final inspection, prepare punch lists and verify completion • Prepare as-built (record) drawings • Prepare City of Bozeman close-out submittal • Conduct two-year warranty walkthrough, prepare punch list and verify completion 201 Phase 4 – Construction Staking This phase of the project consists of the construction layout, anticipated to include the following: • Stake signs one time • Stake RRFB poles one time • Layout striping one time The following items are not expected to be needed for this project and are therefore specifically excluded from this scope of work: • Material testing (By City Term Contract) Fees and Billing Arrangements: Phase Fee 1. Project Initiation $1,200.00 2. Construction Bidding Services $1,500.00 3. Construction/Contract Administration $8,000.00 4. Construction Staking $1,300.00 Total $12,000.00 Sanderson Stewart will bill for its services on a time and materials basis with a not to exceed amount of $12,000.00. Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “time-and-material basis” according to the attached current standard rate sheets (updated from original contract) for Sanderson Stewart. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or units’ costs shall apply. Schedule The anticipated schedule for this project will be based on the anticipated 14-calendar day construction contract. 202 OUTSIDE CONSULTANTS SURVEY CREW SERVICES STAFF PERSONNEL SERVICES CHARGE OUT RATES EFFECTIVE AUGUST 5, 2023 Staff Engineer I $115.00/hour Staff Engineer II $130.00/hour Staff Engineer III $135.00/hour Project Engineer I $145.00/hour Project Engineer II $150.00/hour Senior Engineer I $185.00/hour Senior Engineer II $210.00/hour Principal $240.00/hour Engineer Intern $75.00/hour Expert Witness/Special Consultant $290.00/hour Staff Planner I $100.00/hour Staff Planner II $115.00/hour Planner I $130.00/hour Planner II $145.00/hour Senior Planner I $155.00/hour Senior Planner II $195.00/hour Senior Planner III $200.00/hour Right-of-Way Agent $168.00/hour Staff Landscape Designer I $100.00/hour Staff Landscape Designer II $115.00/hour Landscape Architect I $135.00/hour Landscape Architect II $145.00/hour Senior Landscape Architect I $160.00/hour Senior Landscape Architect II $175.00/hour Field Survey Technician I $85.00/hour Field Survey Technician II $88.00/hour Staff Surveyor I $110.00/hour Staff Surveyor II $125.00/hour Professional Land Surveyor I $135.00/hour Professional Land Surveyor II $148.00/hour Senior Professional Land Surveyor I $160.00/hour Senior Professional Land Surveyor II $180.00/hour Graphic Artist $105.00/hour CADD Technician I $100.00/hour CADD Technician II $105.00/hour Designer I $100.00/hour Designer II $110.00/hour Senior Designer I $120.00/hour Senior Designer II $145.00/hour Construction Inspector $88.00/hour Construction Engineering Technician $100.00/hour Senior Construction Engineering Technician $145.00/hour Construction Engineer I $145.00/hour Construction Engineer II $150.00/hour 1-person/2-person Crew $Per Job Survey Equipment $30.00 /fieldwork hour Survey Vehicle Mileage IRS Rate/Mile + $0.10/Mile Scanner Equipment $150.00 /hour Scanner Equipment (Hourly) $150 /hour Scanner Equipment (Full Day) $1,050 /day 1) At cost if independently billed direct to client. 2) Cost plus 5% if billed through us. INDEPENDENT LABORATORIES 1) At cost if independently billed direct to client. 2) Cost plus 5% if billed through us. ADMINISTRATIVE EXPENSES Administrative expenses (including copies, prints, phone, postage, materials, and travel) 3.5% * * based on professional services only, unless modified by contract Vehicle Mileage IRS Rate These rates are updated periodically to reflect market conditions. Rate increases will be reflected in future invoicing. STAFF PERSONNEL SERVICES CONTINUED Project Administrator $100.00/hour Senior Project Administrator $115.00/hour Administrative/Clerical $95.00/hour Senior Administrative Director $185.00/hour Marketing Coordinator $110.00/hour Senior Marketing Coordinator $125.00/hour Marketing Director $175.00/hour 203 Professional Services Agreement for Transportation Engineering Term Contract Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 2023 (“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, Sanderson Stewart, 106 E Babcock Street Suite L1, Bozeman MT, 59715, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform Transportation Engineering services for the City as requested by written Task Order and as described in the Task Order. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 31st day of December, 2024, or upon completion of the last Task Order issued prior to 31st day of December, 2024. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the individual written Task Orders executed under the authority of this agreement and as mutually agreed upon by the City and the Contractor. Task Orders shall be in a format similar to Exhibit “A”, attached to and made part of this agreement. Each Task Order will include a detailed Scope of Work and associated budget. For conflicts between this Agreement and the Scope of Work in the Task Order, unless specifically provided otherwise, the Agreement governs. 4. Payment: The terms of compensation to the Contractor shall be agreed upon and included in each Task Order. City agrees to pay Contractor the amount specified in the individual Task Orders. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 28th February 204 Professional Services Agreement for Transportation Engineering Term Contract Page 2 of 12 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 205 Professional Services Agreement for Transportation Engineering Term Contract Page 3 of 12 Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 206 Professional Services Agreement for Transportation Engineering Term Contract Page 4 of 12 In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 207 Professional Services Agreement for Transportation Engineering Term Contract Page 5 of 12 notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 208 Professional Services Agreement for Transportation Engineering Term Contract Page 6 of 12 orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Taylor Lonsdale, PE or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 209 Professional Services Agreement for Transportation Engineering Term Contract Page 7 of 12 authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Joey Staszcuk, PE, PTOE, RSP1 or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 210 Professional Services Agreement for Transportation Engineering Term Contract Page 8 of 12 require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 211 Professional Services Agreement for Transportation Engineering Term Contract Page 9 of 12 Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 212 Professional Services Agreement for Transportation Engineering Term Contract Page 10 of 12 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. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 213 Professional Services Agreement for Transportation Engineering Term Contract Page 11 of 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA Sanderson Stewart CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: Danielle Scharf, PE, PTOE Print Title: Principal/Western Reg. Manager APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 214 Professional Services Agreement for Transportation Engineering Term Contract Page 12 of 12 Exhibit A City of Bozeman Transportation Engineering Term Contract Task Order Number # Project: Issued under the authority of Transportation Engineering Term Contract Professional Services Agreement with Sanderson Stewart. This Task Order is dated __________ between the City of Bozeman and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Contractor: SCOPE OF WORK: The scope for this task order is attached. COMPENSATION: 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 Danielle Scharf, Principal DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 215 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign Amendment 2 to Task Order 2023TETC- 003 with Sanderson Stewart to provide citywide Signal Timing Assistance MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment 2 to Task Order 2023TETC- 003 with Sanderson Stewart to provide citywide Signal Timing Assistance STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:Sanderson Stewart was selected through a competitive process for the Transportation Engineering Term Contract. Task Order 2023TETC-003 under that term contract is for on-call electrical services. Amendment 2 adds a second project to this Task Order. Project 2 is signal timing assistance. The City of Bozeman Transportation and Engineering Department recently completed installation of a Traffic Management Center (TMC). The TMC enables city staff to remotely monitor and adjust operation of city owned traffic signals across the city from offices in the shops complex. This is a significant step in the efforts to more efficiently operate and maintain our traffic signals. The next important step is to review the current operations and timing of our signals. Amendment 2 provides for City Staff to utilize Sanderson Stewart to assist as needed in this work. Amendment 2 is a time and materials based fee. City staff reviewed the proposed scope, and it reflects the required level of effort. UNRESOLVED ISSUES:None identified. ALTERNATIVES:Do not advance the project. FISCAL EFFECTS:The work under Amendment 2 will be paid on a Time and Materials basis, not to exceed $10,000.00. The funds for this amendment are currently available in engineering budget. 216 Attachments: Amendment_2_to_Task_Order_TETC23- 003_On_Call_Electrical_Services_121323.pdf 20230228_PSA_Engineering_Term_Contract_signed.pdf Report compiled on: December 6, 2023 217 / AMENDMENT TO SERVICES AGREEMENT - NO. 2 1. Project/Services Agreement Information Effective Date of Original Services Agreement: June 5, 2023 Project Name: Task Order 2023TETC-003 On Call Electrical Project Number: 22367.03 Client Name: City of Bozeman Engineering Department 2. Nature of Amendment Modifications to Sanderson Stewart scope of work and/or contract fee amount Modifications to Subconsultant scope of work and/or contract fee amount Modifications to project schedule 3. Description of Services Agreement Modifications Project 2 – City of Bozeman Signal Timing Assistance See attached Exhibit A – Scope of Services 4. Fee Modifications Original services agreement fee: $ 13,000.00 Total fees for prior Amendments: $ 12,000.00 Total services agreement fee with prior Amendments: $ 25,000.00 Proposed fee for this Amendment: $ 11,000.00 Total services agreement fee with all Amendments: $ 36,000.00 Client and Sanderson Stewart hereby agree to modify the above-referenced Services Agreement as set forth in this Amendment. All provisions of the Services Agreement not specifically modified by this or any prior Amendments shall remain in effect. The effective date of this Amendment shall be the signature date of the Client as shown below. CLIENT SANDERSON STEWART Signature: Signature: Printed: Jeff Mihelich Printed: Danielle Scharf Title: City Manager Title: Principal Date: Date: 218 Exhibit A – Scope of Services 2023TETC-003 On Call Electrical: Project 2 – Signal Timing Assistance 12/13/23 Sanderson Stewart is pleased to provide this scope of work for the Willson Ave & Garfield St RRFB project. This phase of the project will consist of bidding services, construction contract administration and observation, and construction staking. A detailed scope of services for these tasks is outlined below. Phase 1 - Project Initiation This phase of the project includes preparation of the scope of work and amendment. Phase 2 – Traffic Signal Maintenance This phase will include assistance to general signal maintenance tasks for traffic signals owned/operated by City of Bozeman. Sanderson Stewart will work directly with City of Bozeman Transportation Engineer and the City of Bozeman Sign, Signal and Lighting Foreman. Specific tasks include: • Traffic signal timing (analyze/adjust clearance times, minimum greens, splits, offsets, and any potential corridor timing plans) • Assist in troubleshooting problems with traffic signal devices, diagnose malfunctions with signal systems. • Program signal controllers and coordinate traffic signal timings. • Incorporation of special event (e.g., MSU Football Saturdays) signal timing plans. Fees and Billing Arrangements: Phase Fee 1. Project Initiation $1,000.00 2. Traffic Signal Maintenance $10,000.00 Total $11,000.00 Sanderson Stewart will bill for its services on a time and materials basis with a not to exceed amount of $11,000.00. Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “time-and-material basis” according to the attached current standard rate sheets (updated from original contract) for Sanderson Stewart. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or units’ costs shall apply. 219 OUTSIDE CONSULTANTS SURVEY CREW SERVICES STAFF PERSONNEL SERVICES CHARGE OUT RATES EFFECTIVE AUGUST 5, 2023 Staff Engineer I $115.00/hour Staff Engineer II $130.00/hour Staff Engineer III $135.00/hour Project Engineer I $145.00/hour Project Engineer II $150.00/hour Senior Engineer I $185.00/hour Senior Engineer II $210.00/hour Principal $240.00/hour Engineer Intern $75.00/hour Expert Witness/Special Consultant $290.00/hour Staff Planner I $100.00/hour Staff Planner II $115.00/hour Planner I $130.00/hour Planner II $145.00/hour Senior Planner I $155.00/hour Senior Planner II $195.00/hour Senior Planner III $200.00/hour Right-of-Way Agent $168.00/hour Staff Landscape Designer I $100.00/hour Staff Landscape Designer II $115.00/hour Landscape Architect I $135.00/hour Landscape Architect II $145.00/hour Senior Landscape Architect I $160.00/hour Senior Landscape Architect II $175.00/hour Field Survey Technician I $85.00/hour Field Survey Technician II $88.00/hour Staff Surveyor I $110.00/hour Staff Surveyor II $125.00/hour Professional Land Surveyor I $135.00/hour Professional Land Surveyor II $148.00/hour Senior Professional Land Surveyor I $160.00/hour Senior Professional Land Surveyor II $180.00/hour Graphic Artist $105.00/hour CADD Technician I $100.00/hour CADD Technician II $105.00/hour Designer I $100.00/hour Designer II $110.00/hour Senior Designer I $120.00/hour Senior Designer II $145.00/hour Construction Inspector $88.00/hour Construction Engineering Technician $100.00/hour Senior Construction Engineering Technician $145.00/hour Construction Engineer I $145.00/hour Construction Engineer II $150.00/hour 1-person/2-person Crew $Per Job Survey Equipment $30.00 /fieldwork hour Survey Vehicle Mileage IRS Rate/Mile + $0.10/Mile Scanner Equipment $150.00 /hour Scanner Equipment (Hourly) $150 /hour Scanner Equipment (Full Day) $1,050 /day 1) At cost if independently billed direct to client. 2) Cost plus 5% if billed through us. INDEPENDENT LABORATORIES 1) At cost if independently billed direct to client. 2) Cost plus 5% if billed through us. ADMINISTRATIVE EXPENSES Administrative expenses (including copies, prints, phone, postage, materials, and travel) 3.5% * * based on professional services only, unless modified by contract Vehicle Mileage IRS Rate These rates are updated periodically to reflect market conditions. Rate increases will be reflected in future invoicing. STAFF PERSONNEL SERVICES CONTINUED Project Administrator $100.00/hour Senior Project Administrator $115.00/hour Administrative/Clerical $95.00/hour Senior Administrative Director $185.00/hour Marketing Coordinator $110.00/hour Senior Marketing Coordinator $125.00/hour Marketing Director $175.00/hour 220 Professional Services Agreement for Transportation Engineering Term Contract Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 2023 (“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, Sanderson Stewart, 106 E Babcock Street Suite L1, Bozeman MT, 59715, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform Transportation Engineering services for the City as requested by written Task Order and as described in the Task Order. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 31st day of December, 2024, or upon completion of the last Task Order issued prior to 31st day of December, 2024. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the individual written Task Orders executed under the authority of this agreement and as mutually agreed upon by the City and the Contractor. Task Orders shall be in a format similar to Exhibit “A”, attached to and made part of this agreement. Each Task Order will include a detailed Scope of Work and associated budget. For conflicts between this Agreement and the Scope of Work in the Task Order, unless specifically provided otherwise, the Agreement governs. 4. Payment: The terms of compensation to the Contractor shall be agreed upon and included in each Task Order. City agrees to pay Contractor the amount specified in the individual Task Orders. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 28th February 221 Professional Services Agreement for Transportation Engineering Term Contract Page 2 of 12 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 222 Professional Services Agreement for Transportation Engineering Term Contract Page 3 of 12 Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 223 Professional Services Agreement for Transportation Engineering Term Contract Page 4 of 12 In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 224 Professional Services Agreement for Transportation Engineering Term Contract Page 5 of 12 notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 225 Professional Services Agreement for Transportation Engineering Term Contract Page 6 of 12 orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Taylor Lonsdale, PE or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 226 Professional Services Agreement for Transportation Engineering Term Contract Page 7 of 12 authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Joey Staszcuk, PE, PTOE, RSP1 or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 227 Professional Services Agreement for Transportation Engineering Term Contract Page 8 of 12 require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 228 Professional Services Agreement for Transportation Engineering Term Contract Page 9 of 12 Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 229 Professional Services Agreement for Transportation Engineering Term Contract Page 10 of 12 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. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 230 Professional Services Agreement for Transportation Engineering Term Contract Page 11 of 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA Sanderson Stewart CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: Danielle Scharf, PE, PTOE Print Title: Principal/Western Reg. Manager APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 231 Professional Services Agreement for Transportation Engineering Term Contract Page 12 of 12 Exhibit A City of Bozeman Transportation Engineering Term Contract Task Order Number # Project: Issued under the authority of Transportation Engineering Term Contract Professional Services Agreement with Sanderson Stewart. This Task Order is dated __________ between the City of Bozeman and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Contractor: SCOPE OF WORK: The scope for this task order is attached. COMPENSATION: 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 Danielle Scharf, Principal DocuSign Envelope ID: 91305227-93AB-4261-A7EB-19B124D1F0AE 232 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Authorize City Manager to Sign a First Amendment to the Purchase Agreement for Furniture and Related Services for the Fire Station 2 Relocation Project under Cooperative Purchasing Agreements MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to Sign a First Amendment to the Purchase Agreement for Furniture and Related Services for the Fire Station 2 Relocation Project under Cooperative Purchasing Agreements STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:On November 2, 2021, Bozeman voters approved the relocation of Fire Station #2 to improve service for the south side of the City, while also serving as the primary response station for all of Montana State University campus and Bozeman High School. An important and significant element of the project is the furniture and specialized storage equipment. This category includes, but is not limited to, furniture in open offices, private offices, conference rooms, lobby areas, and firefighter dormitory and dayroom areas. As a local government, Montana law and the City's purchasing policy authorize the City of Bozeman to purchase under cooperative purchasing agreements, including certain federal General Services Administration (GSA) schedules, existing contracts competitively bid by group purchasing organizations (GPOs), and existing State of Montana term contracts. Cooperative purchasing allows the City to receive the discounted pricing negotiated by the State of Montana, federal government, or other lead agency, while also meeting Montana procurement laws for competitive sealed bidding and contract requirements. All this ensures that purchases using taxpayer money under this system are fair and competitive. This amendment reflects a slight cost increase as a result of updated product and shipping fees. UNRESOLVED ISSUES:None. 233 ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:An additional $618.44 will be included with this amendment to reflect an updated total cost of $50,681.98 for furniture and related services. Funding is available within the overall project budget to support the updated total. Attachments: First Amendment to Furniture Purchase and Services Agreement.pdf Report compiled on: December 7, 2023 234 First Amendment to Purchase Agreement for Furniture and Related Services for Fire Station #2 Relocation FY 2024 – FY 2024 Page 1 of 3 FIRST AMENDMENT TO PURCHASE AGREEMENT THIS FIRST AMENDMENT TO THE PURCHASE AGREEMENT FOR FURNITURE AND RELATED SSERVICES FOR FIRE STATION #2 RELOCATION dated November twenty-first, 2023 (the “Agreement”) is made and entered into this nineteenth day of December, 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 Contract Design, with a mailing address of 1330 West Broadway Street, Missoula, MT, 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. Contract Documents Section 2.d of the Agreement is amended to include the attached order for furniture (Exhibit A). This order supersedes the order included in the original Agreement. The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal 235 First Amendment to Purchase Agreement for Furniture and Related Services for Fire Station #2 Relocation FY 2024 – FY 2024 Page 2 of 3 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. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 236 First Amendment to Purchase Agreement for Furniture and Related Services for Fire Station #2 Relocation FY 2024 – FY 2024 Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA CONTRACT DESIGN By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 237 Station 2 Pricing LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL Captain 125 1 2 Y91171.CM $208.38 $416.76 *Flo Sngle-Screen Monitor Arm Support,Surf Clamp Finish 0I *silver 2 1 FV696.39 $29.76 $29.76 +Stiffener, 38 5/8W 3 1 Y5010.$33.12 $33.12 +Drw,Pencil 21W 16D Surface Finish WN +warm grey neutral 4 1 DW7A.30CE $500.94 $500.94 @Nevi Table Base Kit 2 Legs, C-Foot, Elec Std Range 30D Switch Option Base Finish Glides STS 8Q 57 +simple up/down touch switch @folkstone grey +glides 5 1 6-MCT-66/30 $353.36 $353.36 Staks, 66"W x 30"D x 1"H, Rectangular Worksurface Material Top Finish Top Finish, TFL Wood Grains Edge Edge Finish, TFL Grommet Grommet Finish Power Cutout T ~W/W CO2 EY CO2 G3 LK A9F TFL/HPL-PP Edge TFL Wood Grain with 2mm PP Edge Linen (CO2) Square Linen (CO2) Center Nickel No Cutout M:\C-Project Spec Montana\B\BOZEMAN FIRE DEPARTMENT\Station 2\Updated Station 2 Pricing HC.pmx Page 1 of 9 Exhibit A 238 LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL 6 1 6-MCT-42/22 $169.22 $169.22 Staks, 42"W x 22"D x 1"H, Rectangular Worksurface Material Top Finish Top Finish, TFL Wood Grains Edge Edge Finish, TFL Grommet Grommet Finish Power Cutout T ~W/W CO2 EY CO2 G1 G1 A9F TFL/HPL-PP Edge TFL Wood Grain with 2mm PP Edge Linen (CO2) Square Linen (CO2) No Grommet No Grommet No Cutout 7 1 6-6019HDW4 $533.67 $533.67 Staks, 60" x 18.5" Organizer with Doors Material Chassis Finish Door Finish Door Finish Lock T CO2 ~SW CO2 NL TFL Linen (CO2) TFL Wood Grain Linen (CO2) No Lock 8 1 6-MCT-60/22 $237.42 $237.42 Staks, 60"W x 22"D x 1"H, Rectangular Worksurface Material Top Finish Top Finish, TFL Wood Grains Edge Edge Finish, TFL Grommet Grommet Finish Power Cutout T ~W/W CO2 EY CO2 G1 G1 A9F TFL/HPL-PP Edge TFL Wood Grain with 2mm PP Edge Linen (CO2) Square Linen (CO2) No Grommet No Grommet No Cutout 9 1 6-22HBA2 $218.67 $218.67 Staks, H Leg Support for 22"D Worksurface (set of 2) Finish MSL Luster Grey 10 1 6-NW1622MPD1 $520.88 $520.88 Staks, Worksurface Height Box/Box/File Pedestal No Riser Support, Use with 22"D Worksurfaces, 15.625"W x 21.875"D x 27.875"H Material Chassis Finish Top Drawer Finish Bottom Drawer Finish Back Lock Pull Pull Finish T CO2 CO2 CO2 LXT NL Parallel MSL TFL Linen (CO2) Linen (CO2) Linen (CO2) Finished No Lock Parallel Luster Grey M:\C-Project Spec Montana\B\BOZEMAN FIRE DEPARTMENT\Station 2\Updated Station 2 Pricing HC.pmx Page 2 of 9 239 LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL 11 1 FT2200 $209.29 $209.29 1-Piece Tackboard Use with 60"W Wallmount Organizers Grade, Fabric for Tackboards Grade 1 Material Fabric, OFS Vitality 1 OFSV 3101723 Grade 1 Material OFS Vitality Balance 12 2 6-2812SP $125.32 $250.64 Staks, 12D 27.875H End Support Panel Material Finish, TFL T CO2 TFL Linen (CO2) 13 3 6-NW1622MPD1 $473.56 $1,420.68 Staks, Worksurface Height Box/Box/File Pedestal No Riser Support, Use with 22"D Worksurfaces, 15.625"W x 21.875"D x 27.875"H Material Chassis Finish Top Drawer Finish Bottom Drawer Finish Back Lock Pull Pull Finish T CO2 CO2 CO2 LW NL Parallel MSL TFL Linen (CO2) Linen (CO2) Linen (CO2) Unfinished No Lock Parallel Luster Grey 14 1 Q-TL-1 $200.69 $200.69 Task Light QuickShip 35.04x4.38x1.3 15 2 37011M $353.44 $706.88 Genus, Guest, Mesh Back, Upholstered Seat - 1/carton Frame Arm Caster/Glide Mesh Back Grade Grade 6 Material BLX X9 W47 MPI 6 ETC6 Black Frame No Arms - Standard Nylon Glides Pitch Grade 6 Material Graded-In, Grade 6 Material M:\C-Project Spec Montana\B\BOZEMAN FIRE DEPARTMENT\Station 2\Updated Station 2 Pricing HC.pmx Page 3 of 9 240 LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL 16 1 3607M $647.66 $647.66 Genus, Mid Back, Mesh Back & Upholstered Seat Arm Arm Pad Control Seat Slider Lumbar Base Caster/Glide Headrest Mesh Back Grade Grade 6 Material Assembly CR13 PCB BDB4 SS3 ALB5 TT W48 X9 MPI 6 ETC6 KND 4D Pivoting Arms Carbon "D" Profile Body Balance Seat Slider Lumbar Support System Standard Black Nylon Base Black Hard Wheel Caster - Std None - Standard Pitch Grade 6 Material Graded-In, Grade 6 Material Knocked Down 17 1 3152.WM05.PST1 $146.44 $146.44 Wire Basket w/ Power Wire Basket Finish Option WMC01 Silver Captain 125 Subtotal $6,596.08 Dayroom 118 18 3 XZ52031CDRRBLK $998.75 $2,996.25 XZipit Rocker Recliner FINISH POCUSTOM LOGO Black 30" Dillon Black XZipit Panel Bozeman Fire Department 19 3 XZ52031CDRRBLK $998.75 $2,996.25 XZipit Rocker Recliner FINISH POCUSTOM LOGO Black 30" Dillon Black XZipit Panel MSU Logo 20 1 FREIGHT $1,923.75 $1,923.75 DREAMSEAT FREIGHT 21 3 $62.50 $187.50 DREAMSEAT LICENSING FEE FOR MSU LOGO M:\C-Project Spec Montana\B\BOZEMAN FIRE DEPARTMENT\Station 2\Updated Station 2 Pricing HC.pmx Page 4 of 9 241 LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL 22 8 2723Y.LT.A153.B1 $581.12 $4,648.96 Amplify, Large and Tall Highback, Mesh Back, Enhanced Synchro Cntrl, A153 Height/Width Adj Arms, Sport Edition Frame Color Selection Base Option Selection Caster Selection Seat Depth Adjustment Option Selection Amplify Cylinder Height Options Amplify Mesh Colors Fabric or Leather Upholstery Selection CA Technical Bulletin 133 Fire Std Option for Fabric Selection Fabric Grade Selections Fabric Grade 3 Selection Canter EPU Color Selection Contrast Stitching Packaging Options FC1 B7 C11 E3 S0 MC8 FABRIC ~ FG3 CANTER EPU INK ~ KD Black Frame Heavy Duty Black Base Heavy Duty Carpet Casters Seat Depth Adjustment Upgrade Standard Cylinder Height Navy Mesh Color Fabric Grade Selections No Selection Fabric Grade 3 Canter EPU Standard Color Selection Canter EPU Ink No Selection Knocked Down 23 3 1123.BK1.MB.B.S2.AR0 $429.12 $1,287.36 Focus 2.0, Midback, Extended Stool Kit, Mesh Back w/ Adjustable Lumbar, Swivel , Armless Focus Mesh Colors Y-Support Colors Accent Color Selection Frame Colors Base Style Selection Base Selection Caster Selecton Fabric or Leather Upholstery Selection Fabric Grade Selections Fabric Grade 3 Selection Canter EPU Color Selection Packaging Options MC8 YCC01 LA15 FC1 BT1 BC1 CS6 FABRIC FG3 CANTER EPU INK KD Navy Black Navy Black Frame 5-Star Base Black Nylon Base Hard Floor and Carpet Casters Fabric Grade Selections Fabric Grade 3 Canter EPU Standard Color Selection Canter EPU Ink Knocked Down Dayroom 118 Subtotal $14,040.07 FF Work Area 127 24 5 3607M $668.82 $3,344.10 Genus, Mid Back, Mesh Back & Upholstered Seat Arm Arm Pad Control Seat Slider Lumbar Base Caster/Glide Headrest Mesh Back Grade Grade 6 Material Assembly CR13 PCB BDB4 SS3 ALB5 TT W49 X9 MPI 6 ETC6 KND 4D Pivoting Arms Carbon "D" Profile Body Balance Seat Slider Lumbar Support System Standard Black Nylon Base Black Soft Wheel Caster None - Standard Pitch Grade 6 Material Graded-In, Grade 6 Material Knocked Down FF Work Area 127 Subtotal $3,344.10 M:\C-Project Spec Montana\B\BOZEMAN FIRE DEPARTMENT\Station 2\Updated Station 2 Pricing HC.pmx Page 5 of 9 242 LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL Lobby 101 25 1 83-18RD20H $1,031.65 $1,031.65 Rowen Tables, Round 18"W x18"D x 20"H Top Finish Top Finish Base Finish ~VEN SMOAK GRPH Veneer Top Super Matte Oak Graphite 26 2 97141 $1,256.78 $2,513.56 Ani Lounge / Low Leg / Arm 30.5 x 28 x 30.5-32 Shape Arm Cap Arm Cap Tablet Location Tablet Post Finish Tablet Finish Leg Style Leg Finish, Metal Pull Power Body Grade Grade 6 Material Arm Grade Grade 3 Material Fabric, Momentum Feltro SQRE ~NC X9 X9 X9 X9 H4N GRPH X9 X9 6 ETC6 3 MOFELTRO 3127495 Square No Arm Cap No Arm Cap No Tablet None None Metal Post Leg Graphite None None Grade 6 Material Graded-In, Grade 6 Material Grade 3 Material Momentum Feltro Dusk Lobby 101 Subtotal $3,545.21 Office 139 27 2 Y91171.CM $208.38 $416.76 *Flo Sngle-Screen Monitor Arm Support,Surf Clamp Finish 0I *silver 28 1 FV696.39 $29.76 $29.76 +Stiffener, 38 5/8W 29 1 Y5010.$33.12 $33.12 +Drw,Pencil 21W 16D Surface Finish WN +warm grey neutral M:\C-Project Spec Montana\B\BOZEMAN FIRE DEPARTMENT\Station 2\Updated Station 2 Pricing HC.pmx Page 6 of 9 243 LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL 30 1 DW7A.30CE $500.94 $500.94 @Nevi Table Base Kit 2 Legs, C-Foot, Elec Std Range 30D Switch Option Base Finish Glides STS 8Q 57 +simple up/down touch switch @folkstone grey +glides 31 2 6-2812SP $125.32 $250.64 Staks, 12D 27.875H End Support Panel Material Finish, TFL T CO2 TFL Linen (CO2) 32 1 6-MCT-66/30 $353.36 $353.36 Staks, 66"W x 30"D x 1"H, Rectangular Worksurface Material Top Finish Top Finish, TFL Wood Grains Edge Edge Finish, TFL Grommet Grommet Finish Power Cutout T ~W/W CO2 EY CO2 G3 LK A9F TFL/HPL-PP Edge TFL Wood Grain with 2mm PP Edge Linen (CO2) Square Linen (CO2) Center Nickel No Cutout 33 1 6-NW1622MPD1 $473.56 $473.56 Staks, Worksurface Height Box/Box/File Pedestal No Riser Support, Use with 22"D Worksurfaces, 15.625"W x 21.875"D x 27.875"H Material Chassis Finish Top Drawer Finish Bottom Drawer Finish Back Lock Pull Pull Finish T CO2 CO2 CO2 LW NL Parallel MSL TFL Linen (CO2) Linen (CO2) Linen (CO2) Unfinished No Lock Parallel Luster Grey 34 1 6-MCT-42/22 $169.22 $169.22 Staks, 42"W x 22"D x 1"H, Rectangular Worksurface Material Top Finish Top Finish, TFL Wood Grains Edge Edge Finish, TFL Grommet Grommet Finish Power Cutout T ~W/W CO2 EY CO2 G1 G1 A9F TFL/HPL-PP Edge TFL Wood Grain with 2mm PP Edge Linen (CO2) Square Linen (CO2) No Grommet No Grommet No Cutout M:\C-Project Spec Montana\B\BOZEMAN FIRE DEPARTMENT\Station 2\Updated Station 2 Pricing HC.pmx Page 7 of 9 244 LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL 35 1 3607M $595.96 $595.96 Genus, Mid Back, Mesh Back & Upholstered Seat Arm Arm Pad Control Seat Slider Lumbar Base Caster/Glide Headrest Mesh Back Grade Grade 6 Material Assembly X9 X9 BDB4 SS3 ALB5 TT W49 X9 MPI 6 ETC6 KND No Arms - Standard None "D" Profile Body Balance Seat Slider Lumbar Support System Standard Black Nylon Base Black Soft Wheel Caster None - Standard Pitch Grade 6 Material Graded-In, Grade 6 Material Knocked Down 36 1 3152.WM05.PST1 $146.44 $146.44 Wire Basket w/ Power Wire Basket Finish Option WMC01 Silver Office 139 Subtotal $2,969.76 Sleep Rooms 105-110 37 6 HIAULDBM $213.84 $1,283.04 +Eames Hang-It-All,natural maple,dark blue maple 38 6 RMWFD363C $1,200.38 $7,202.28 Roomscape Freestanding Dresser,3 Drawer,Lam Front,Comb 6",9",10-1/2" Lock Option Finish Color Laminate Color /NL /SX /LKM No lock (standard) Starlight Silver Metallic Kensington Maple 39 6 RMSBA $950.63 $5,703.78 Roomscape Single Bed Assembly,38 7/8"Wx86"Lx39 3/8"H Finish Color Laminate Color /SX /LKM Starlight Silver Metallic Kensington Maple 40 6 DN5111 $339.75 $2,038.50 Doni Task Cantilever Armchair,Poly,Solid Color Poly Seat & Back Color Poly Seat & Back Color NFR Base Color Caster Option /NFR /PND /WG /CHC Compliance to TB 117-2013 Nordic Warm Grey Hard floor casters (black only) M:\C-Project Spec Montana\B\BOZEMAN FIRE DEPARTMENT\Station 2\Updated Station 2 Pricing HC.pmx Page 8 of 9 245 LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL Sleep Rooms 105-110 Subtotal $16,227.60 Z-INSTALL 41 1 INSTALL $3,959.16 $3,959.16 INSTALLATION SERVICES Z-INSTALL Subtotal $3,959.16 Subtotal $50,681.98 50% DEPOSIT DUE $25,340.99 M:\C-Project Spec Montana\B\BOZEMAN FIRE DEPARTMENT\Station 2\Updated Station 2 Pricing HC.pmx Page 9 of 9 APPROVED BY: __________________________________________________ DATE: ____________________________11/29/23 246 2023 General Terms & Conditions of Sale 1.Upon Buyer’s written acceptance of the furniture listed in Attachment I (Proposal), the order shall be deemed accepted and non-cancelable; provided, the order shall be as set forth in the Furniture Proposal of Contract Design Associates, Inc. All sales arefinal, except as set forth herein. 2.Title to the goods listed in Attachment I (Proposal) shall remain with Contract Design Associates Inc. until Buyer pays theobligation in full. Buyer agrees not to sell, encumber, or remove the same goods from the county in which it was delivered priorto full payment, without written approval of Contract Design Associates, Inc. 3.Risk of loss and responsibility for damages shall pass to Buyer upon inspection and acceptance of the goods delivered to Buyer’sspecified location. 4.Contract Design Associates, Inc. reserves the right to make partial deliveries and to invoice accordingly and, Buyer agrees topay invoices for partial shipments. 5.All payments shall be made to Contract Design Associates, Inc. at 1 North Monroe- Suite 100 / Spokane, WA 99201 unlessContract Design Associates, Inc. designates an alternate location. 6.After Buyer’s written acceptance of the Furniture Proposal of Contract Design Associates, Inc., should Buyer not be able toaccept delivery of the goods covered under this contract within 10 business days of arrival at Contract Design Associates, Inc.warehouse or a designated receiving location, Contract Design Associates, Inc. shall invoice for the goods as well as storageand handling costs, and Buyer agrees to pay such charges. Installation charges will be withheld until completed. 7.Every effort will be made to effect shipment within the agreed upon timeframe however, Contract Design Associates, Inc.assumes no liability for delay due to causes beyond our reasonable control. 8.In the event Buyer accepts the installation services set forth in the Furniture Proposal of Contract Design Associates, Inc., thefollowing provisions apply: a.The job site must be clean, clear, and free of debris prior to installation.b.Electric current, heat, and elevator service shall be provided to Contract Design Associates, Inc. without charges toContract Design Associates, Inc.c.Equipment delivered to the job site as scheduled shall be inspected and accepted by the Buyer. Buyer shall beresponsible for security and safeguarding the goods from the time of delivery to the job site.d.Buyer shall be responsible for removal of all computers, structured cabling, personal effects, and copy machinesfrom the work area prior to Contract Design Associates, Inc. beginning installation services.e.Electrical connections are not considered part of the installation; however, these may be provided at Buyer’s requestfor an additional charge; otherwise, Buyer must provide an electrician.f.48 hours (business hours) notice is required to cancel or reschedule an installation. If a cancellation or a request toreschedule an installation is made in less than 48 hours, the Buyer will incur a fee. The fee is based on the projectmanpower and time to complete the installation. Installation services are based upon use of Contract Design Associates, Inc. personnel. Normal working hours areMonday through Friday 8:30 a.m. until 5:00 p.m., unless otherwise arranged. If installation is performed after normalhours, on weekends, or on normal holidays, at Buyers request, or if union labor is required, additional charges will bepassed on to the Buyer. 9.All invoices from Contract Design Associates, Inc. carry net 10-day terms. Contract Design Associates, Inc. reserves the right toassess, and Buyer agrees to pay interest charges at 1.5% per month (18% per annum) on all unpaid balances past 30 days.Payments made by credit card for materials or services exceeding $3000 per order will incur a 3% processing fee. 10.Contract Design Associates, Inc. reserves the right to suspend deliveries to Buyer unless Buyer’s account is current. 11.In addition to the Buyer’s Request for Proposals for Furniture Procurement and Installation Services and the Furniture Proposalof Contract Design Associates, Inc., the terms and conditions stated herein record and complete an Entire Agreement betweenthe parties. Any terms and conditions stated on purchase orders, acknowledgements, or other documents submitted by eitherparty or between parties govern only price, quantity, and description of the items and services ordered or acknowledged thereon.No change in this contract can be made or become effective unless it is in the form of a written amendment to this agreement.In the event of a dispute under this agreement or the transaction(s) it describes, the prevailing party to such dispute shall beentitled to recover from the losing party the prevailing party’s attorney fees and costs of suit or representation, including fees andcosts on appeal. The venue of any legal action shall be Spokane County, Washington. Washington law shall apply to all legalactions. 2023 247 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign an amendment # 2 with Jacobs Engineering Group Inc. for Federal Transportation Grant Writing Services MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign an amendment # 2 with Jacobs Engineering Group Inc. for Federal Transportation Grant Writing Services. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:To better position the City for federal transportation grant opportunities, staff solicited proposals from firms to help with federal grant writing. Jacobs Engineering Group Inc. was selected for the work. The original contract scope focused on the technical components of the Kagy Blvd MPDG application. Amendment 1 was for writing assistance associated with the Kagy Blvd MPDG application. Amendment 2 is scoped to provide writing support for a joint COB-MDT application to the federal SMART program with the intent of securing a planning grant for integrated intelligent transportation system implementation. Staff recommends that commission authorize the City Manager to sign the attached amendment to the Professional Service Agreement. UNRESOLVED ISSUES:None ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:The current project budget including Amendment 1 is $53,901.91 with $37,796.74 expended to date. The remaining budget left is $16,109.17 through Amendment 1. Our LOE for Amendment 2 is $32,475.49. We request the remaining budget amount of $16,109.07 be used for Amendment 2 along with an additional $16,366.32 of contract ceiling to fund Amendment 2. With this request for an additional $16,366.32, the new contract ceiling would be $70,272.23. Funds for this are available and will be paid from the Engineering Operating Budget. Attachments: Jacobs Engineering Grant Support Scope and Fee 248 Amendment 2 Report compiled on: December 8, 2023 249 300 Old Tractor Lane Columbia Falls, MT 59912 United States T 406 899 5653 www.jacobs.com Document number. 1 September 19, 2023 Nick Ross, Director of Transportation and Engineering City of Bozeman 121 N Rouse Ave. Bozeman, Montana 59715 Re: Grant Support Amendment 2 – Scope and Fee Dear Nick, Jacobs Engineering is pleased to provide the Scope of Services and Level of Effort for Grant Support Amendment 2. This is based on the previous discussion with regards to Jacobs providing SMART Grant writing, editing, and support. Let me know if you have questions with regards to our Scope of Services and Level of Effort for this effort. Sincerely, Ed Toavs, PE Luke Huck, PE Project Management Manager of Projects Jacobs Engineering Jacobs Engineering 250 300 Old Tractor Lane Columbia Falls, MT 59912 United States T 406 899 5653 City of Bozeman Grant Application Support Services – Amendment 2 Scope of Work Jacobs Engineering Group Inc. Date: September 19, 2023 Jacobs Scope Description The scope of services for this amendment supplements the original scope. Below are the activities used to develop the level of effort for this scope of services along with assumptions for this amendment. Activity 2.1 Project Coordination – The scope for this SMART Grant requires the following: b. Participate in formal and informal coordination meetings with City of Bozeman, MDT, and project stake holders. i. As needed, up to 6 – 1 hour meetings conducted virtually with up to 4 Jacobs staff members to attend. Activity 2.2 Grant Application Support Services – The scope for this SMART Grant requires the following: a. Coordinate with City of Bozeman and MDT? during grant writing and assembly. I. Write the grant application outline per the 2023 SMART Grant NOFO guidance for review by City staff. II. Write the grant application narrative in conjunction with City Staff and based on project input. III. Provide editing and review of the grant application for submission. Activity 3.1 Benefit-Cost Analysis – Not required. Activity 3.2 Benefit Cost Narrative – Not required. Key Assumptions – No Changes to this section. Budget The current project budget including Amendment 1 is $53,901.91 with $37,796.74 expended to date. The remaining budget left is $16,109.17 through Amendment 1. Our LOE for Amendment 2 is $32,475.49. We request the remaining budget amount of $16,109.07 be used for Amendment 2 along with an additional $16,366.32 of contract ceiling to fund Amendment 2. With this request for an additional $16,366.32, the new contract ceiling would be $70,272.23. 251 300 Old Tractor Lane Columbia Falls, MT 59912 United States T 406 899 5653 Project Schedule The schedule for this amendment work follows the 2023 SMART Grant cycle which states the submission date is 5:00 pm ET on Tuesday, October 10th. Jacobs anticipates delivery of all deliverables to the City no later than COB on Thursday, October 5th, 2023. If the City elects to not submit a SMART Grant Application for the 2023 cycle, a new schedule will be developed based on a future grant cycle chosen by the City. 252 DATE: September 19, 2023 Activity Tasks Total Hours PM & Lead Writer Development Engineer Grant Writer Tech Editor Q/A Mapping Task Total - Fee $186.00 $245.01 $107.73 $69.78 $214.16 $95.85 2.1 PROJECT COORDINATION 101 A. Scoping Meeting 0 B. Formal and Informal Meetings 12 6 4 0 0 2 0 101 101 SUBTOTAL (HOURS)12 6 4 0 0 2 0 $2,524.35 2.2 GRANT APPLICATION SUPPORT SERVICES 102 A.Grant writing and assembly support 174 84 28 24 16 14 8 102 102 SUBTOTAL (HOURS)174 84 28 24 16 14 8 $29,184.37 3.1 BENEFIT-COST ANALYSIS 103 A. Input Data 0 B. Run Analysis 0 C. Quality Control 0 103 103 SUBTOTAL (HOURS)0 0 0 0 0 0 0 $0.00 3.2 BENEFIT-COST NARRATIVE A. BCA Narrative 0 B. BCA Spreadsheet 0 104 104 SUBTOTAL (HOURS)0 0 0 0 0 0 0 $0.00 SURVEY PHTOTAL HOURS 186 90 32 24 16 16 8 Total Fee $16,739.80 $7,840.37 $2,585.63 $1,116.41 $3,426.50 $766.78 $32,475.49 PROJECT: City of Bozeman Grant Support - Amendment 2UPN: Estimate Prepared By: E Toavs Revised 3/1/18 Page 1 of 1 253 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Resolution 5537, Adoption of Annexation for the 6730 Davis Lane Annexation, Annexing 10.071 acres and Adjacent Rights-of-Way, Application 22020 MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 5537 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 Commission approved (5:0) Application 22020 on August 2, 2022 to annex 10.071 acre. The associated zoning to establish an initial designation of REMU (Residential Emphasis Mixed-Use District) was approved 4: 1 with Comr. Coburn dissenting. The annexation was subject to terms of annexation and the zoning subject to contingencies. Final documents and easements were received by the Applicant on November 29, 2023. A signed annexation agreement was received on November 29, 2023. The property is bordered by Davis Lane to the west (a Bozeman classified minor arterial street). The proposed annexation would bring in additional right of way to build out Davis Lane to the full city street classification as would be required with future development. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Community Commercial Mixed Use” which includes the REMU district as an implementing zoning district. The property currently hosts a detached single-household residential structure connected to an individual well and septic system. There is an existing 24 inch sanitary sewer pipe in Davis Lane. Water supply is installed in adjacent streets of Galloway and Kimerwicke Streets west of Davis Lane. 254 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 Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 22020 6730 Davis Lane Annex Resolution 5537.pdf 6730 Davis Lane Annexation Map.pdf 22020 6730 Davis Lane Annex Agreement.pdf Report compiled on: November 29, 2023 255 Version April 2020 Page 1 of 3 RESOLUTION 5537 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN AS THE 6730 DAVIS LANE ANNEXATION, APPLICATION 22020. WHEREAS, the City of Bozeman received a petition for annexation from DL Phase One, LLC requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 10.071, addressed at 6730 Davis Lane; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on August 2, 2022; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on June 7, 2022; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on December 19, 2023, the Commission received the executed annexation agreement addressing all recommended terms of annexation; and WHEREAS, the provision of available services, including, but not limited to, streets, rights- of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's, and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written agreement between the City and the Landowner; and 256 Version April 2020 Page 2 of 3 WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the following-described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such approximately 10.071 acres, to wit: Legal Description The N ½, SW ¼, SW ¼, SW ¼, and the S ½, NW ¼, SW ¼, SW ¼, of Section 35, Township 1 South, Range 5 East, M.P.M., Gallatin County Montana, described as follows: Commencing at the Southwest Quarter Corner of said Section 35; thence N 01°25'04" E, assumed bearing, along the west line of the Southwest Quarter of said Section 35, a distance of 331.59 feet to the point of beginning of the property to be described; thence continuing N 01°25'04" E, along the west line of the Southwest Quarter of said Section 35, a distance of 663.15 feet; thence S 89°04'50" E a distance of 661.98 feet; thence S 01°26'49" W a distance of 662.65 feet; thence N 89°07'26" W a distance of 661.65 feet to the point of beginning. Area = 438,692 square feet, 10.071 acres. Subject to existing easements. Section 2 The effective date of this annexation is December 19, 2023. 257 Version April 2020 Page 3 of 3 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 19th day of December 2023. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 258 259 6730 DAVIS LANE Annexation Agreement 1 Inter-office Original to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 549771-1230 6730 DAVIS LANE ANNEXATION ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this ______ day of __________________, 2023, by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and DL Phase One, LLC, 122 Kundert Lane, Bozeman, MT 59718 hereinafter referred to as "Landowner". The effective date of this Agreement shall be the date upon which the Bozeman City Commission adopts a resolution creating the 6730 DAVIS LANE ANNEXATION Property and authorizing execution of this Agreement. WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the 6730 DAVIS LANE ANNEXATION or “Property” situated in Gallatin County, Montana, and more particularly described as follows: An area of land comprised described as follows: The N ½, SW ¼, SW ¼, SW ¼, and the S ½, NW ¼, SW ¼, SW ¼, of Section 35, Township 1 South, Range 5 East, M.P.M., Gallatin County Montana, described as follows: 260 6730 DAVIS LANE Annexation Agreement 2 Commencing at the Southwest Quarter Corner of said Section 35; thence N 01°25'04" E, assumed bearing, along the west line of the Southwest Quarter of said Section 35, a distance of 331.59 feet to the point of beginning of the property to be described; thence continuing N 01°25'04" E, along the west line of the Southwest Quarter of said Section 35, a distance of 663.15 feet; thence S 89°04'50" E a distance of 661.98 feet; thence S 01°26'49" W a distance of 662.65 feet; thence N 89°07'26" W a distance of 661.65 feet to the point of beginning. Area = 438,692 square feet, 10.071 acres. Subject to existing easements. All depicted on the 6730 Davis Lane Annexation Map. WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land; and WHEREAS, the 6730 DAVIS LANE ANNEXATION is not within the corporate limits of the City or other municipality and may therefore be annexed to the City in accordance with the provisions of this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; and WHEREAS, all parties recognize the annexation of the 6730 DAVIS LANE ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the 6730 DAVIS LANE ANNEXATION to connect to and utilize City services, including municipal water and sewer service, parks and recreation, fire and police services, and the City’s transportation system; and WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and WHEREAS, the parties recognize additional development on the 6730 DAVIS LANE ANNEXATION will impact area parks, recreation, transportation, police, and fire services, and that future improvements may require additional public infrastructure street improvements including transportation for traffic circulation and the provisions of parks, recreation, police, and fire services; and 261 6730 DAVIS LANE Annexation Agreement 3 WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and dependable water supply and sewer supply or service, and provide transportation, parks, recreation, police and fire service for development of the 6730 DAVIS LANE ANNEXATION; and WHEREAS, the parties have determined that it is in the best interests of the City and Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. WITNES S ETH : IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals The above recitals are true and correct. 2. Annexation The Landowner filed a complete application for annexation of the 6730 DAVIS LANE ANNEXATION with the City on January 20, 2022. By execution of this Agreement, the City manifests its intent to annex the 6730 DAVIS LANE ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann. the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the 6730 DAVIS LANE ANNEXATION. Further, upon the execution of this Agreement, the Landowner shall do all things required by this Agreement and all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and to effect the annexation of the 6730 DAVIS LANE ANNEXATION. 262 6730 DAVIS LANE Annexation Agreement 4 3. Services Provided The City will, upon annexation, make available to the 6730 DAVIS LANE ANNEXATION existing City services only to the extent currently available, or as provided in this Agreement. 4. Municipal Water Service Defined The term "municipal water service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of municipal water service but does not include the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the 6730 DAVIS LANE ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the delivery of water to or within the 6730 DAVIS LANE ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which have been or may be established by the City. 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of this service but does not include the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the 6730 DAVIS LANE ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the collection of sewage services to or within the 6730 DAVIS LANE ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 263 6730 DAVIS LANE Annexation Agreement 5 6. Water and Sewer Connections Landowner understands and agrees that water and sewer services must be constructed in accordance with design and specifications approved by the City prior to the installation of the water and sewer lines. Landowner must contact the City Water and Sewer Division to obtain details of construction requirements. Landowner further understands and agrees that prior to connection to the City water and sewer system, any existing on-site sewage treatment system must be properly abandoned and certification provided to the City Water and Sewer Division that the abandonment occurred. The Landowner must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that any sanitary sewer line has been completely disconnected from any existing septic system prior to the Landowner connecting the to the City sanitary sewer system. Any wells presently used for domestic purposes may be retained for irrigation only, with no physical connection to municipal domestic water piping. Certification that there is no physical connection between any on-site well and a domestic water line coming from the City’s water supply must be provided. The City Water and Sewer Division may perform an inspection of the property and certify that the disconnection of the well and septic system abandonment are properly completed. Landowner understands and agrees that if Landowner fails to properly abandon any existing septic system and/or fails to disconnect any existing well from the domestic water piping as required herein the City may upon ten day’s written notice to the Landowner terminate water and/or sewer services to the property. Costs of all disconnects and/or subsequent reconnects shall be borne by Landowner. 7. Water Rights The Landowner specifically recognizes and agrees that provisions for water rights or cash in-lieu of water rights shall be provided upon further development or subdivision of the property in accordance with Section 38.410.130, Bozeman Municipal Code and as may be amended. The amount of water rights 264 6730 DAVIS LANE Annexation Agreement 6 or cash-in-lieu thereof due at the time of further development or subdivision of the property will be calculated based on the annual demand for volume of water the development will require multiplied by the most current annual unit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to be made to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights may increase over time as established by Resolution of the City Commission. The Landowner must perform a water rights search to determine if any exist for this property. The Landowner must transfer any water rights that exist for this property to the City of Bozeman prior to development that the City of Bozeman determines are useful for city purposes. If insufficient water rights exist, the Landowner must pay cash in lieu of water rights, in an amount determined by the Director of Utilities, prior to development. 8. Comprehensive Water and Waste Water Design Report Prior to future development of the property the City may require the Landowner to have prepared by a Professional Engineer, at Landowner’s sole expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not available for the proposed development, the report must identify necessary water or wastewater system improvements necessary for the proposed development. If improvements to this water or wastewater system are necessary, the Landowner agrees prior to development of the 6730 DAVIS LANE ANNEXATION to complete, at Landowner’s expense, the necessary system improvements to serve the proposed development. 9. Future Development Limitations The Landowner shall be responsible for installing all facilities required to provide full municipal services to the property in accordance with the City’s Infrastructure Master Plans and all City regulations, 265 6730 DAVIS LANE Annexation Agreement 7 policies and guidelines that may be in effect at the time of any future development. Thus, Landowner understands and agrees Landowner has no right, either granted or implied, for it to further develop any of the 6730 DAVIS LANE ANNEXATION until it is verified by the City that the necessary municipal services, including but not limited to police and fire protection, parks and recreation, transportation, and sewer and water capacity, are available to all or a portion of the 6730 DAVIS LANE ANNEXATION. Notice is thus provided to the Landowner that prior to additional development of the property, the Landowner will be solely responsible for installing, at Landowner’s sole expense, any facilities or infrastructure required to provide full municipal services to the 6730 DAVIS LANE ANNEXATION in accordance with the City’s infrastructure plans, adopted Growth Policies/Community Plans, and all other city regulations, policies and guidelines that may be in effect at the time of development. 10. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the 6730 DAVIS LANE ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from public streets and other impermeable surfaces may be required to be provided to and approved by the City Engineer at the time of any future development in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of this service. The plan must demonstrate that adequate treatment of runoff from public streets, other impermeable surfaces, and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the 6730 DAVIS LANE ANNEXATION to transport treated runoff to the stormwater receiving channel. The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. Landowner recognizes the 266 6730 DAVIS LANE Annexation Agreement 8 City may require such Stormwater Master Plan to be implemented in all or part as a condition of approval of development of the 6730 DAVIS LANE ANNEXATION. 11. Waiver of Right-to-Protest Special Districts A. Landowner has executed (shall execute) a Waiver of Right-to-Protest Creation of Special Improvement Districts or Special Districts for street and transportation improvements including design and engineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater drainage facilities for: a. Street improvements to Davis Lane from Baxter Lane to Cattail Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. The Landowner agrees such SID will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit “A” and is hereby incorporated in and made a part of this Agreement. B. Landowner has executed (shall execute) a Waiver of Right-to-Protest Creation of Special Improvement Districts (“SID”) or Special Districts for Intersection improvements including lighting, signalization and channelization, paving, curb/gutter, sidewalk, and storm drainage for: a. Intersections. Intersection improvements at Cattail Street and Davis Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The Landowner agrees such SID or special districts will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit “B” and is hereby incorporated in and made a part of this Agreement. C. Landowner agrees that in the event an SID is not utilized for the completion of these improvements as described in subsections A and B above, the Landowner shall participate in an alternative financing method for the completion of said improvements on a fair share, proportionate basis 267 6730 DAVIS LANE Annexation Agreement 9 as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 12. Public Street and Utility Easements The Landowner understands and agrees that a public street and utility easement must be provided at the time Landowner returns the signed annexation agreement for the portion of Davis Lane that is adjacent to its Property, which is classified as a Minor Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way (“ROW”) width of one hundred (100) feet. The Landowner must provide its respective Davis Lane ROW section from the centerline of the existing ROW or the entire section (if the street section resides within the proposed annexation area) as a public street and utility easement where Davis Lane is adjacent to the Property. The Landowner, at its sole expense, has created such easements in a location and form agreeable to the City and the easements will be filed at the Gallatin County Clerk and Recorder’s Office. The Landowner further understands and agrees that additional public street and utility easements may be required for delivery of municipal services with future development, and in such event, the easement shall be provided at the Landowner’s sole expense. 13. Street Improvements The Landowner understands and agrees that at the time of future development the portion of Davis Lane and its related transportation infrastructure fronting the 6730 DAVIS LANE ANNEXATION must be improved to a City standard. The City may allow phasing of street improvements coordinated with development areas. 14. Impact Fees Landowner acknowledges that annexation and development of their property will impact the City’s existing street, water and sewer infrastructure, and the City’s fire service. As approved by the City, the Landowner and its successors must pay: 268 6730 DAVIS LANE Annexation Agreement 10 A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city water services. D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city sewer services. The amount of impact fee the Landowner or its successors pay for connection to the city’s water and sewer services, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time of application for a permit to connect. The amount of street or fire impact fees to be paid, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time an application for building permit is submitted. Nothing in this Agreement shall be construed to abridge Landowner’s rights, under Chapter 2, Article 6, Division 9 of the Bozeman Municipal Code, to apply for, claim or assert credits, exemptions or refunds from the imposition of impact fees. Landowner further understands and agrees that any improvements, either on-site or off-site, necessary to provide connection of the 6730 DAVIS LANE ANNEXATION to municipal services and which are wholly attributable to the Property as determined exclusively by the city are considered “project related improvements” as defined in Chapter 2, Article 6, Division 9, Bozeman Municipal Code, as amended, and as such, are not eligible for impact fee credits. If Landowner defaults on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and Landowner/Developer of such default, City may at its option: A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City 269 6730 DAVIS LANE Annexation Agreement 11 may, at its option, enforce payment of such amount by levying an assessment on the property. B) Elect any other remedy available to City under the laws of the State of Montana. 15. Charges and Assessments Landowner understands and agrees that after this Agreement is recorded the 6730 DAVIS LANE ANNEXATION will be subject to City charges and assessments for arterial and collector streets, street maintenance, and tree maintenance on the same basis as all other properties in the City. 16. Additional Terms The parties recognize these documents must be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the 6730 DAVIS LANE ANNEXATION. The parties further agree that the City may file these documents at any time. 17. Governing Law and Venue This agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of Montana. 18. Attorney’s Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, to include the salary and costs of in-house counsel including City Attorney. 19. Waiver No waiver by either party of any breach of any term, covenant or agreement shall be deemed a waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 270 6730 DAVIS LANE Annexation Agreement 12 20. Invalid Provision The invalidity or unenforceability of any provision of this agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 21. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 22. No Assignment It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this Agreement in whole or in part without prior written consent of the City. 23. Successors This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser of the annexed property. 24. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the 6730 DAVIS LANE ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowner affirms that they have authority to enter into this Agreement and to bind themselves to this Agreement. 271 6730 DAVIS LANE Annexation Agreement 13 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. DATED this _____ day of __________________, 2023. LANDOWNER _________________________________________ DL Phase One, LLC By: ______________________________ Title: ______________________________ STATE OF MONTANA) :ss COUNTY OF GALLATIN) On this ________ day of ____________________, 2023, before me, the undersigned, a Notary Public for the State of Montana, personally appeared _______________________, known to me to be the __________________________________ of DL Phase One, LLC and the Landowner that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 272 6730 DAVIS LANE Annexation Agreement 14 CITY OF BOZEMAN ____________________________________ By: Jeff Mihelich, City Manager ATTEST: ________________________________ Mike Maas, City Clerk STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this _____ day of , 2023, before me, a Notary Public for the state of Montana, personally appeared Jeff Mihelich and Mike Maas, known to me to the persons described in and who executed the foregoing instrument as Interim City Manager and City Clerk respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires: ____________ (Use 4 digits for expiration year) 273 6730 DAVIS LANE Annexation Agreement 15 EXHIBIT “A” WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS 6730 DAVIS LANE ANNEXATION The undersigned owner (“Landowner”) of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: The N ½, SW ¼, SW ¼, SW ¼, and the S ½, NW ¼, SW ¼, SW ¼, of Section 35, Township 1 South, Range 5 East, M.P.M., Gallatin County Montana, described as follows: Commencing at the Southwest Quarter Corner of said Section 35; thence N 01°25'04" E, assumed bearing, along the west line of the Southwest Quarter of said Section 35, a distance of 331.59 feet to the point of beginning of the property to be described; thence continuing N 01°25'04" E, along the west line of the Southwest Quarter of said Section 35, a distance of 663.15 feet; thence S 89°04'50" E a distance of 661.98 feet; thence S 01°26'49" W a distance of 662.65 feet; thence N 89°07'26" W a distance of 661.65 feet to the point of beginning. Area = 438,692 square feet, 10.071 acres. Subject to existing easements. All as depicted on the 6730 DAVIS LANE ANNEXATION Map. IN CONSIDERATION of receiving approval for annexation of the Property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the transportation impacts to: a. Street improvements to Davis Lane from Baxter Lane to Cattail Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. which will be caused by the development of the above-described Property, the Landowner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special improvement districts for the design and engineering, construction and 274 6730 DAVIS LANE Annexation Agreement 16 maintenance of following improvements: for street and transportation improvements including design and engineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater drainage facilities, broadband, and other dry utilities for the aforementioned street improvements. Landowner agrees the City has the sole right to control the design and construction of such improvements and may include any of the above components and others necessary to ensure such improvements comply with all adopted City infrastructure plans and requirements. Further, the Landowner waives its right or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts (“SID”) which would include the Property. In the event a SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of Property, taxable valuation of the property, traffic contribution from the development or a combination thereof. This waiver is made for the benefit of the Property and shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. 275 6730 DAVIS LANE Annexation Agreement 17 DATED this _____ day of __________________, 2023. LANDOWNER _________________________________________ DL Phase One, LLC By: ______________________________ Title: ______________________________ STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this ________ day of ____________________, 2023, before me, the undersigned, a Notary Public for the State of Montana, personally appeared _______________________, known to me to be the __________________________________ of DL Phase One, LLC and the Landowner that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires: ____________ (Use 4 digits for expiration year) 276 6730 DAVIS LANE Annexation Agreement 18 EXHIBIT “B” WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS 6730 DAVIS LANE ANNEXATION The undersigned owner (“Landowner”) of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: The N ½, SW ¼, SW ¼, SW ¼, and the S ½, NW ¼, SW ¼, SW ¼, of Section 35, Township 1 South, Range 5 East, M.P.M., Gallatin County Montana, described as follows: Commencing at the Southwest Quarter Corner of said Section 35; thence N 01°25'04" E, assumed bearing, along the west line of the Southwest Quarter of said Section 35, a distance of 331.59 feet to the point of beginning of the property to be described; thence continuing N 01°25'04" E, along the west line of the Southwest Quarter of said Section 35, a distance of 663.15 feet; thence S 89°04'50" E a distance of 661.98 feet; thence S 01°26'49" W a distance of 662.65 feet; thence N 89°07'26" W a distance of 661.65 feet to the point of beginning. Area = 438,692 square feet, 10.071 acres. Subject to existing easements. All as depicted on the 6730 DAVIS LANE ANNEXATION Map. IN CONSIDERATION of receiving approval for annexation of the subject Property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the intersection impacts to: a. Intersections. Intersection improvements at Cattail Street and Davis Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. which will be caused by the development of the Property, the Landowner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more 277 6730 DAVIS LANE Annexation Agreement 19 special improvement districts for the including lighting, signalization / channelization, paving, curb/gutter, sidewalk, and storm drainage. Landowner agrees the City has the sole right to control the design and construction of such improvements and may include any of the above components and others necessary to ensure such improvements comply with all adopted City infrastructure plans and requirements. Further, the Landowner waives its right or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the Property. In the event a SID is not utilized for the completion of these improvements, the Landowner agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of the Property, taxable valuation of the Property, traffic contribution from the development or a combination thereof. This waiver is made for the benefit of the Property and shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. 278 6730 DAVIS LANE Annexation Agreement 20 DATED this _____ day of __________________, 2023. LANDOWNER _________________________________________ DL Phase One, LLC By: ______________________________ Title: ______________________________ STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this ________ day of ____________________, 2023, before me, the undersigned, a Notary Public for the State of Montana, personally appeared _______________________, known to me to be the __________________________________ of DL Phase One, LLC and the Landowner that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires: ____________ (Use 4 digits for expiration year) 279 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Resolution 5485, Adoption of Annexation for the Project Eighty-6 Annexation, Annexing 86 acres and Adjacent Rights-of-Way, Application 22113 MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 5485 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 Commission approved Application 22113 on December 6, 2022 to annex 86 acres and establish an initial zoning designation of REMU (Residential Emphasis Mixed Use) subject to terms of annexation and contingencies for zoning. Final documents and easements were received by the Applicant on November 22, 2023. A signed annexation agreement was received on December 5, 2023. The property is bordered by Davis Lane to the east (a Bozeman classified minor arterial street). Upon future development the property will be bounded by an extension of Catamount Street, a minor arterial street, on the south, and North Ferguson Avenue to the west, a collector street, and a local street on the north side of the property. The proposed annexation would bring in additional right of way to build out Davis Lane to the full city street classification as would be required with future development. Additional right of way is required with this annexation to accommodate the future construction of Catamount Street and Ferguson Avenue. The property is currently vacant with no existing development or city services on the parcel. The property is surrounded to the west with rural residential uses, to the south and north are still in agricultural uses, and to the east and across Davis Lane is the Cattail Lake Subdivision development. 280 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 Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 22113 Project 86 Annex Resolution 5485.pdf Project Eighty-6 Annexation Map- SIGNED.pdf Project Eighty-6 Annexation Agreement & Waivers- SIGNED.pdf Report compiled on: December 5, 2023 281 Version April 2020 Page 1 of 3 RESOLUTION 5485 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN AS THE PROJECT EIGHTY-6 ANNEXATION, APPLICATION 22113. WHEREAS, the City of Bozeman received a petition for annexation from S&S Davis 86, LLC, 640 Taylor Street, Suite 2200, Fort Worth, TX 76102, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 86.0 acres, described herein; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on December 6, 2022; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on December 6, 2022; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on December 19, 2023, the Commission received the executed annexation agreement addressing all recommended terms of annexation; and 282 Version April 2020 Page 2 of 3 WHEREAS, the provision of available services, including, but not limited to, streets, rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's, and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written agreement between the City and the Landowner; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the following-described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such approximately 86.0 acres, to wit: Legal Description An area of land comprised described as follows: A tract of land being Tract 3 of C.O.S. 3035, located in the Southeast Quarter of Section 27, Township 1 South, Range 5 East, Principal Meridian of Montana, Gallatin County, Montana, and being more particularly described as follows: Beginning at a point which is the Southeast Section Corner of said Section 27, said point being the Southeast corner of said Tract; thence South 89°48’21” West, along the South line of the Southeast Quarter of said Section 27, a distance of 2642.72 feet to the South Quarter Corner of said Section 27; thence North 00°43’24” East, along the west line of the Southeast Quarter of said Section 27, a distance of 1417.75 feet; thence North 89°48’21” East, a distance of 2642.61 feet to a point on the east line of the Southeast Corner of said Section 27; thence South 00°43’07” West, along the east line of the Southeast Quarter of said Section 27, a distance of 1417.75 feet to the point of beginning; 283 Version April 2020 Page 3 of 3 Said tract of land being 86.00 acres (3,746,160 square feet), along with and subject to any existing easements. All as depicted on the Project Eighty-6 Annexation Map. Section 2 The effective date of this annexation is December 19, 2023. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 19th day of December, 2023. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 Memorandum REPORT TO:City Commission FROM:Jim Veltkamp, Chief of Police SUBJECT:Resolution 5560, a Resolution of the City Commission of the City of Bozeman, Montana, Confirming the Appointment of Police Officers in Accordance with Montana Code Annotated 7-32-4108 and 7-32-4113. MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5560. STRATEGIC PLAN:7.2 Employee Excellence: Recruit, retain and value a diverse, well-trained, qualified and motivated team capable of delivering superior performance. Be accountable and expect accountability from others. Make demonstrated use of good judgement a part of the evaluation process for promotions. BACKGROUND:Section 7-32-4108, Montana Code Annotated, provides that all appointments to the “police force” must be confirmed by the City Commission. Section 7-32-4113, Montana Code Annotated, requires that in order to be submitted to the City Commission for confirmation, every applicant will have passed an examination and received a certificate from the police commission noting that the applicant has qualified for appointment. Additionally, the applicant must successfully complete a probationary period before being submitted to the City Commission for confirmation as a member of the “police force.” Officers Tatum Selway and Trevor Webb have met the above noted requirements and have successfully completed their probationary period. As such, Resolution 5560 was written to confirm the appointment of these officers. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Commission Resolution 5560.pdf 307 Report compiled on: November 21, 2023 308 RESOLUTION NO. 5560 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CONFIRMING THE APPOINTMENT OF POLICE OFFICERS IN ACCORDANCE WITH MONTANA CODE ANNOTATED 7-32-4108 AND 7-32-4113. WHEREAS, Section 7-32-4108, Montana Code Annotated, provides that all appointments to the “police force” must be confirmed by the city council or commission; and WHEREAS, the following listed officers have passed the required examinations, have been certified by the Police Commission, have successfully completed the probationary period, and have been appointed to the City’s police force by the chief of police. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: that the following listed officers are confirmed as members of the Bozeman Police Department. TATUM SELWAY TREVOR WEBB PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 19th day of December, 2023. 309 __________________________________ CYNDY ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 310 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5563, Certification of Delinquent City Assessments to the County MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Finance RECOMMENDATION:Approve Resolution 5563, Certification of Delinquent City Assessments to the Gallatin County as submitted. 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:MCA 7-6-4182, 7-6-4183 and 7-6-4423. The city or town may provide by ordinance for the collection by its city treasurer or town clerk of all special assessments and taxes levied and assessed in accordance with any of the provisions of part 42 and this part in the same manner and at the same time as taxes for general, municipal, and administrative purposes are collected by the county treasurer. All of the provisions of 7-6-4423 apply to the collection of the special taxes and assessments in the same manner as the provisions apply to the collection of other city or town taxes. Delinquent special assessments must be certified to the county clerk of the county in which the city or town is situated. The county treasurer shall collect the delinquent special assessments and taxes in the same manner and at the same time that taxes for general, municipal, and administrative purposes are collected. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:By certifying the delinquent City Special Assessments to Gallatin County we will ensure the collection of the 1st half amounts that were not paid by the due date of November 30, 2023. The amount we have certified and will in turn collect is $819,304.24 as noted on Schedule “A” which is linked in the Resolution. These assessments will be placed as a lien against their property and their properties cannot be sold without bringing them current. Attachments: 311 Resolution_5633-Certification_of_Delinquent_1st_half- FY24.docx Report compiled on: December 7, 2023 312 Page 1 of 5 RESOLUTION 5563 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE NOVEMBER 30, 2023, AND UNPAID AS OF THAT DATE, DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE FINANCE DIRECTOR TO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. WHEREAS,pursuant to Sec 2.06.670 of the Bozeman Municipal Code, the Finance Director has prepared and filed with the Commission of the City of Bozeman, attached hereto, a report entitled Schedule "A", describing the lot or parcel subject to the assessments, the name and address of persons assessed, showing all annual and semi-annual special assessments due and payable November 30, 2023, and unpaid as of that date, and the amount due thereunder, with penalty; and WHEREAS,pursuant to Sections 7-6-4423 and 7-12-4188, M.C.A., the City Commission of the City of Bozeman deems it necessary and proper, in order to protect the interests of the residents of the City of Bozeman and the bondholders of the respective Special Improvement District bonds, to declare all annual and semi-annual special assessments due and payable by 5:00 p.m. on November 30, 2023, and unpaid as of that date, delinquent and to certify the same to the Gallatin County Treasurer for collection as other delinquent taxes, and the property and/or properties may be sold the same as other property is sold for taxes. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 313 Resolution 5563, Certification of Delinquent Assessments to Gallatin County Page 2 of 5 That all annual and semi-annual special assessments and installments of special assessments, due and payable November 30, 2023, and unpaid as of that date, as set forth in Schedule "A" hereto attached, and made a part hereof, are hereby declared delinquent. Section 2 That the Finance Director is hereby directed to certify all annual and semi-annual special assessments and installments of special assessments delinquent, with penalty, as herein provided, and as shown by Schedule "A", to the County Treasurer of Gallatin County for collection as other delinquent taxes. Section 3 That within ten (10) days from and after the filing of said certificate, the Finance Director shall publish in one issue of the Bozeman Daily Chronicle, Notice as provided by Sec 2.06.680 of the Bozeman Municipal Code. Section 4 That the County Treasurer shall proceed with the collection of all annual and semi-annual special assessments or installments of special assessments, as set forth in Schedule "A", that the same shall be spread upon the delinquent tax list of the County of Gallatin for the Year 2024, and the same shall be collected as other delinquent taxes; and that in the case the same are paid, collection shall be made by the County Treasurer of Gallatin County, as provided by Sections 7-12-4181 and 7- 12-4183, M.C.A., and that in the case the same are not paid, the whole property shall be sold as in the case of other properties sold for non-payment of taxes. Section 5 That the Finance Director, under the direction of the City Manager, shall attend at the time and 314 Resolution 5563, Certification of Delinquent Assessments to Gallatin County place for sale of the property for delinquent taxes, as provided by Sec 2.06.700 of the Bozeman Municipal Code. Section 6 That a copy of Schedule "A"attached hereto and made a part hereof, shall on or before the 20 th day of December 2023 be filed with the County Clerk and Recorder and the County Treasurer of Gallatin County. Section 7 That, pursuant to Sec 2.06 of the Bozeman Municipal Code, attached hereto and made a part hereof, shall be a certificate of the Finance Director. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 19th day of December 2023. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 315 Resolution 5563, Certification of Delinquent Assessments to Gallatin County CERTIFICATE OF FINANCE DIRECTOR I, Melissa Hodnett, duly appointed, qualified and acting as Finance Director of the City of Bozeman, Montana, do hereby certify that the attached schedule marked Schedule "A" and made a part of Commission Resolution No. 5563 is a true and correct list of all annual and semi- annual delinquent special assessments and subsequent installments of special assessments due and owing the City of Bozeman as of November 30, 2023, at 5:00 p.m. That this certification and Schedule "A" attached hereto are made pursuant to and in conformance with Sec 2.06 of the Bozeman Municipal Code of the City of Bozeman, Montana. IN WITNESS WHEREOF, I hereunto set my hand this 20th day of December 2023. __________________________________ MELISSA HODNETT Finance Director 316 Version April 2020 NOTICE NOTICE IS HEREBY GIVEN by the Finance Director for the City of Bozeman, Montana, that she has certified to the Treasurer of Gallatin County a list of all property and of the persons assessed for delinquent taxes and assessments which will be sold at public auction by the Gallatin County Treasurer unless re-instated prior to such auction by paying all delinquent taxes, together with interest, penalties and costs incurred. A list of all delinquent properties and persons assessed is on file and subject to public inspection in the offices of the Gallatin County Treasurer, Gallatin County Courthouse, 311 West Main Street, and Finance Director for the City of Bozeman, 121 N Rouse Ave., Bozeman, Montana. DATED this 20th day of December 2023. __________________________________ MELISSA HODNETT Finance Director City of Bozeman Legal Ad Publish: Saturday December 23, 2023 317 Memorandum REPORT TO:City Commission FROM:Renata Munfrada, Community Housing Program Coordinator David Fine, Economic Development Program Manager Brit Fontenot, Economic Development Department Director Greg Sullivan, City Attorney SUBJECT:Resolution 5565, A Resolution of the City Commission, Acknowledging Receipt of Petition and Determining that Conditions Do Not Exist for the Creation of a Municipal Housing Authority in Bozeman, Montana MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5565 STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:On July 8, 2023, the City of Bozeman received a petition to create a Municipal Housing Authority. In accordance with 7-15-4403, MCA, the City Commission conducted a public hearing on December 12, 2023. In accordance with 7-15-4406, MCA, and based upon the criteria at 7-15- 4407, MCA, the City Commission has determined and, therefore finds, that neither unsanitary nor unsafe inhabited dwelling accommodations in exist in the city nor is there a lack of safe and sanitary dwelling accommodations in the city available for all the inhabitants thereof. In accordance with Title 7, Chapter 15, Part 44, the City Commission hereby denies the petition and declines to authorize the creation of a Municipal Housing Authority in the City of Bozeman. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:None. Attachments: Resolution 5565 - Denying Petition to Create a Municipal 318 Housing Authority 12.19.23.pdf 08-07-23 Petition for Municipal Housing Authority.pdf Report compiled on: December 13, 2023 319 RESOLUTION 5565 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ACKNOWLEDGING RECEIPT OF PETITION AND DETERMINING THAT CONDITIONS DO NOT EXIST FOR THE CREATION OF A HOUSING AUTHORITY IN THE CITY OF BOZEMAN, MONTANA, AND DENYING THE PETITION Whereas, on July 8, 2023, a petition (“Petition”) was received by the Bozeman City Clerk (“Clerk”), requesting the City Commission of the City of Bozeman, Montana (“Commission”) determine the need for a Municipal Housing Authority in the City of Bozeman, Montana, under the provisions of Title 7, Chapter 15, Parts 44 and 45, MCA; and Whereas, on August 14, 2023, the Bozeman City Clerk certified the Petition contained the signatures of at least 25 residents of the city of Bozeman and the surrounding area; and Whereas, pursuant to 7-15-4404, MCA, the City Clerk gave notice of a public hearing, which was published as provided in 7-1-4127, MCA, in the Bozeman Daily Chronicle on December 2nd, and December 19th, 2023, stating the time, date, place, and purpose of the public hearing; and Whereas, pursuant to 7-15-4405, MCA, a public hearing was held on December 12, 2023, at 6:00 PM at Bozeman City Hall where an opportunity was provided to all residents and taxpayers of the city of Bozeman and the surrounding area and to all other interested persons to provide comment on the need for a municipal housing authority in the city of Bozeman and surrounding area; and Whereas, pursuant to 7-15-4406(1), MCA, upon the completion of the public hearing, the Commission was required to determine (a) whether unsanitary or unsafe inhabited dwelling accommodations exist in the city and the surrounding area; and/or (b) whether there is a lack of safe or sanitary dwelling accommodations in the city and surrounding area available for all the inhabitants thereof; and Whereas, pursuant to 7-15-4407, MCA, in determining whether dwelling accommodations are unsafe or unsanitary, the Commission shall take into consideration the following: 1. The physical condition and age of the buildings; 320 2. The degree of overcrowding; 3. The percentage of land coverage; 4. The light and air available to the inhabitants of such dwelling accommodations; 5. The size and arrangement of the rooms; 6. The sanitary facilities; and 7. The extent to which conditions exist in such buildings which endanger life or property by fire or other causes. ; and Whereas, 7-15-4406(3), MCA, requires that upon determination that neither of the above- enumerated conditions exist, the Commission shall adopt a resolution denying the petition. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Having considered public comment and adopting the findings in the staff memorandum dated December 12, 2023, and incorporating the findings made by the Commission, the Commission determines that neither of the conditions stated in 7-16-4406, MCA, exist and hereby denies the Petition and declines to authorize the creation of a municipal housing authority for the city of Bozeman and the area surrounding the city of Bozeman. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 19th day of December, 2023. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ ALEX NEWBY Deputy City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 321 322 323 324 325 326 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Ordinance 2135, Provisional Adoption to Establishing an Initial Zoning Designation of REMU (Residential Emphasis Mixed-Use District) in Association with the Annexation of 86 Acres, the Project Eighty-6 Annexation, Application 22113 MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally adopt Ordinance 2135 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 Commission approved Application 22113 on December 6, 2022 to annex 86 acres and establish an initial zoning designation of REMU (Residential Emphasis Mixed Use) subject to terms of annexation and contingencies for zoning. Final documents and easements were received by the Applicant on November 22, 2023. A signed annexation agreement was received on December 5, 2023. The property is bordered by Davis Lane to the east (a Bozeman classified minor arterial street). Upon future development the property will be bounded by an extension of Catamount Street, a minor arterial street, on the south, and North Ferguson Avenue to the west, a collector street, and a local street on the north side of the property. The proposed annexation would bring in additional right of way to build out Davis Lane to the full city street classification as would be required with future development. Additional right of way is required with this annexation to accommodate the future construction of Catamount Street and Ferguson Avenue. The property is currently vacant with no existing development or city services on the parcel. The property is surrounded to the west with rural residential uses, to the south and north are still in agricultural uses, and to the east and across Davis Lane is the Cattail Lake Subdivision development. 327 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 Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 22113 Project Eighty-6 ZMA Ordinance 2135.pdf 04_ProjectEighty-6Annexation_ZMAMap.pdf Report compiled on: December 5, 2023 328 Ord 2135 Page 1 of 5 ORDINANCE 2135 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 86.0 ACRES AS REMU, RESIDENTIAL EMPHASIS MIXED USE DISTRICT, KNOWN AS THE PROJECT EIGHTY-6 ZONE MAP AMENDMENT, APPLICATION 22113. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to establish a zoning classification of REMU (Residential Emphasis Mixed Use) for approximately 86.0 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on November 21, 2022 to receive and review all written and oral testimony on the request for a zone map amendment; and 329 Ordinance No. 2135, Project Eighty-6 ZMA Page 2 of 5 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 22113 the Project Eighty-6 Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on December 6, 2022, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, has 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 330 Ordinance No. 2135, Project Eighty-6 ZMA Page 3 of 5 requested REMU 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 the Project Eighty-6 Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as REMU, Residential Emphasis Mixed Use District: An area of land comprised described as follows: A tract of land being Tract 3 of C.O.S. 3035, located in the Southeast Quarter of Section 27, Township 1 South, Range 5 East, Principal Meridian of Montana, Gallatin County, Montana, and being more particularly described as follows: Beginning at a point which is the Southeast Section Corner of said Section 27, said point being the Southeast corner of said Tract; thence South 89°48’21” West, along the South line of the Southeast Quarter of said Section 27, a distance of 2642.72 feet to the South Quarter Corner of said Section 27; thence North 00°43’24” East, along the west line of the Southeast Quarter of said Section 27, a distance of 1417.75 feet; thence North 89°48’21” East, a distance of 2642.61 feet to a point on the east line of the Southeast Corner of said Section 27; thence South 00°43’07” West, along the east line of the Southeast Quarter of said Section 27, a distance of 1417.75 feet to the point of beginning; Said tract of land being 86.00 acres (3,746,160 square feet), along with and subject to any existing easements. All as depicted on the Project Eighty-6 Annexation Map. 331 Ordinance No. 2135, Project Eighty-6 ZMA 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. 332 Ordinance No. 2135, Project Eighty-6 ZMA 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 19th day of December, 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 ____ of ________________, 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 333 OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP 27''S 27''S 27''S 27''S 27''S 27''S 27''S 27''S 27''S 27''S 27''S 27''S 48''ST 48''ST 48''ST 48''ST 48''ST 48''ST 48''ST 48''ST 48''ST 48''ST 48''ST 48''ST 12''W 12''W 12''W 12''W0'100'200'300'1OF 1AS NOTEDPROJECT EIGHTY-6 ZONEMAP AMENDMENTCAKHEC Jun 15, 2023 - 2:00pmCAD FILE: M:\213715\Drawings\EXHIBITS\ZONING MAP.dwg REVISIONSDATEPROJECT NUMBERHYALITE Engineers, PLLC2304 N 7th Ave. Ste. LBozeman, MT 59715Tel: (406) 587.2781w w w . hyaliteeng. comFax: (406) 522.92252018PROJECT EIGHTY-6 BOZEMAN, MT06/15/202321371522x34 ORIGINALS DAVIS LANESCALESHEET TITLEDESIGN BYS&S Davis 86, LLCWETLANDS 1 = 2.09 ACRESWETLANDS 2 = 0.08 ACRES/(*(1'/(*$/'(S&5,3T,21TRACT 3 OF COS 3035, A PARCEL OF LAND LOCATED IN SECTION 27, TOWNSHIP 1 SOUTH,RANGE 5 EAST, P.M.M. GALLATIN COUNTY, MONTANA. THE PARCEL CONTAINS 86.0 ACRES(3,746,160 SQUARE FEET), MORE OR LESS AND IS SUBJECT TO ALL EASEMENTS OF RECORD ORAPPARENT ON THE GROUND.EXISTING ASZONINGEXISTING R-4ZONINGEXISTING R-3ZONINGPROPOSEDREMU ZONINGPROPOSED AREA OF ZMAAS TO REMUDAVIS LANECATAMOUNTSTREETTROUT MEADOWSROAD334 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Ordinance 2153, Provisional Adoption to Establish an Initial Zoning Designation of REMU (Residential Emphasis Mixed-Use District) in Association with the Annexation of 10.071 Acres, the 6730 Davis Lane Annexation, Application 22020 MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally adopt Ordinance 2153. 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 Commission approved (5:0) Application 22020 on August 2, 2022 to annex 10.071 acre. The associated zoning to establish an initial designation of REMU (Residential Emphasis Mixed-Use District) was approved 4: 1 with Comr. Coburn dissenting. The annexation was subject to terms of annexation and the zoning subject to contingencies. Final documents and easements were received by the Applicant on November 29, 2023. A signed annexation agreement was received on November 29, 2023. The property is bordered by Davis Lane to the west (a Bozeman classified minor arterial street). The proposed annexation would bring in additional right of way to build out Davis Lane to the full city street classification as would be required with future development. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Community Commercial Mixed Use” which includes the REMU district as an implementing zoning district. The property currently hosts a detached single-household residential structure connected to an individual well and septic system. There is an existing 24 inch sanitary sewer pipe in Davis Lane. Water supply is installed in adjacent streets of Galloway and Kimerwicke Streets west of 335 Davis Lane. 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 Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 22020 6730 Davis Lane ZMA Ordinance 2153.pdf 6730 Davis Lane Zone Map.pdf Report compiled on: November 29, 2023 336 Ord 2153 Page 1 of 4 ORDINANCE 2153 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 10.071 ACRES AS REMU (RESIDENTIAL EMPHASIS MIXED-USE DISTRICT), KNOWN AS THE 6730 DAVIS LANE ZONE MAP AMENDMENT, APPLICATION 22020. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to establish a zoning classification of REMU (Residential Emphasis Mixed- Use District for approximately 10.071 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on July 18, 2022 to receive and review all written and oral testimony on the request for a zone map amendment; and 337 Ordinance No. 2153, 6730 Davis Lane ZMA Page 2 of 4 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 22020 the 6730 Davis Lane Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on August 2, 2022, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the zoning district designation of the following-described property is hereby designated as REMU (Residential Emphasis Mixed-Use District: An area of land comprised described as follows: The N ½, SW ¼, SW ¼, SW ¼, and the S ½, NW ¼, SW ¼, SW ¼, of Section 35, Township 1 South, Range 5 East, M.P.M., Gallatin County Montana, described as follows: Commencing at the Southwest Quarter Corner of said Section 35; thence N 01°25'04" E, assumed bearing, along the west line of the Southwest Quarter of said Section 35, a distance of 331.59 feet to the point of beginning of the property to be described; thence continuing N 01°25'04" E, along the west line of the Southwest Quarter of said Section 35, a distance of 663.15 feet; thence S 89°04'50" E a distance of 661.98 feet; thence S 01°26'49" W a distance of 662.65 feet; thence N 89°07'26" W a distance of 661.65 feet to the point of beginning. Area = 438,692 square feet, 10.071 acres. Subject to existing easements. 338 Ordinance No. 2153, 6730 Davis Lane ZMA Page 3 of 4 Section 2 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 3 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 4 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 5 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 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 339 Ordinance No. 2153, 6730 Davis Lane ZMA Page 4 of 4 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 19th day of December 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 ____ of ________________, 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 340 341 Memorandum REPORT TO:City Commission FROM:Dani Hess, Community Engagement Coordinator Nakeisha Lyon, Associate Planner SUBJECT:Bozeman City Commission Resolution No. 5556: Adopting the Belonging in Bozeman Equity and Inclusion Plan MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Approval of Resolution 5556 to adopt the Belonging in Bozeman Equity and Inclusion Plan STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity through policies and public awareness. BACKGROUND:Staff presents to the City Commission the final draft of the Belonging in Bozeman Equity and Inclusion Plan with a unanimous recommendation for approval from the Economic Vitality Board. The Belonging in Bozeman Plan follows through on the commitment made in both Resolution 5384 establishing the City as a City for CEDAW, as well as the Inclusive City Report to develop a community wide action plan. The plan establishes vision statements, goals and recommendations to implement policies, practices, and programs to address disparities found within our community. Data from the Equity Indicators Project helps characterize these disparities and underlies the need for this continued work. Find the data that informs each area of the plan on the Equity Indicators Hub developed by City of Bozeman GIS staff and supported with data sharing agreements with local partner organizations and public sources like the Census and American Community Survey. City Staff has worked alongside the Morten Group LLC, The Extreme History Project, Community Liaisons, the Belonging in Bozeman Steering Committees, and community members to develop a plan that strives to ensure that every resident, visitor, and City of Bozeman employee feels welcomed, valued, and can thrive no matter their race, identity, or life circumstance. Feedback and perspectives from the community directly informed the vision statements, goals, and recommendations through surveys, workshops, one- on-one conversations with City departments and partner organizations, 342 community chats, Steering Committee meetings, four Economic Vitality Board Work Sessions, and two City Commission Work Sessions. The result is a comprehensive plan narrative and implementation workplan that incorporates lived experiences and professional expertise from individuals and community partners to address a range of issues, with partnership from Bozeman’s organizations, individuals, and government bodies. The plan elevates eight (8) issues areas identified by the community as Priority Needs in the 2021 Equity Indicators Report through collectively- developed vision statements for what an inclusive Bozeman would be like for all. Outlined beneath each vision statement, are the goals and recommendations to make each vision a reality. The Implementation Workbook (Appendix B) sets priority levels, identifies lead and partner organizations, resources needed, metrics and progress indicators. The Implementation Workbook maps out nearly 100 recommendations, 38 of which are already in-progress. The 60 recommendations that are not yet started vary in scope and complexity from hosting a workshop and sharing resources online, to more complex efforts that will require additional staff, resources, and ongoing collaboration with partners across the community. Additionally, the plan provides a truthful history of Bozeman, denotes the process and timeline for its development, and defines key terms and phrases for it's navigation. The plan also includes summaries of the work of Community Liaisons and provides next steps for implementation. As this plan is a 3-5 year plan, it will be revisited at least every five years as the contexts and needs of our community change. Annual progress updates to the public, Economic Vitality Board and the City Commission will help maintain transparency and accountability on our progress. Community partners and lead organizations who helped develop the recommendations, will help drive their implementation and share progress with the City of Bozeman to inform these annual updates. Please see the attached Resolution 5556 with the Belonging in Bozeman Equity and Inclusion Plan in Attachment A. UNRESOLVED ISSUES:None at this time ALTERNATIVES:As determined by the City Commission FISCAL EFFECTS:The Belonging in Bozeman Plan identifies recommendations in addition to the high level allocation of resources needed to complete them. Specific costs are not included in the current adopted budget and would need to be allocated by the City Commission in future budget cycles. Attachments: Resolution 5556 Belonging in Bozeman Plan FINAL.pdf Belonging in Bozeman Equity and Inclusion Plan 12122023 343 FINAL.pdf Report compiled on: November 30, 2023 344 RESOLUTION 5556 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE BELONGING IN BOZEMAN EQUITY AND INCLUSION PLAN. WHEREAS, the City of Bozeman has made commitments to fairness, inclusion and equity through Resolution 4243 (2010) establishing a non-discrimination policy; Resolution 4601 (2015) and Resolution 5169 (2020) addressing gender pay equity within the City of Bozeman; Resolution 4852 (2018) prioritizing a safe, healthy, welcoming, and inclusive community; and WHEREAS, in response to local and national calls for action to prevent violence and discrimination against BIPOC, the July 2020 Bozeman as an Inclusive City Report recommended the development of a city diversity, equity and inclusion plan; and WHEREAS, the 2021 Equity Indicators & Gaps Analysis project characterized inequalities across race, ethnicity, gender, age, ability, and socioeconomic status through data and the lived experiences of a diverse representation of over 1500 community members; and WHEREAS, the indicators, recommendations, and eight topic areas outlined in the 2021 Equity Indicators & Gaps Analysis project will guide the development of a plan to address gaps; and WHEREAS, Resolution 5384 established Bozeman as a City for CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) and committed the city to continued data collection, development of an equity and inclusion action plan; annual reporting on implementation, and oversight via the city’s Economic Vitality Board; and WHEREAS, extensive input and participation from community members, partner organizations, and city staff is reflected in each element of the Belonging in Bozeman Equity and Inclusion Plan and the implementation workbook; and WHEREAS, the Economic Vitality Board whose charge is to advise the City Commission on polices related to diversity, equity, and inclusion provided guidance throughout the development of the plan during four public Work Sessions; 345 NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 1. Commits to realizing the purpose of the Belonging in Bozeman Equity and Inclusion Plan to ensure that all residents, visitors, and City of Bozeman employees can thrive regardless of their race, identity, or life circumstance. 2. Commits to addressing collectively developed visions statements which elevate the following eight distinct priority areas: a. Housing: Housing is available, affordable, accessible, and safe. b. Transportation: A variety of transportation options exist to meet mobility needs. c. Health & Wellbeing: Health care services and programs that address physical, emotional, mental, and sexual and reproductive wellbeing are available, accessible, and inclusive. d. Education: Learning opportunities allow for full participation and foster growth and success. e. Childcare and Youth Programming: Childcare and youth programs are high quality, affordable, and accessible. f. Economic Security: A thriving economy offers readily available living-wage jobs and fair work environments. g. Community Resiliency: Access to community spaces and resources fosters social connection, health, and resilience in a changing climate. h. Community Safety and Civic Health: Local government and major institutions prioritize safety, inclusion, and representation. 3. Commits to the elements of the plan which include a historical narrative, an overview of the process and timeline to develop the plan, key terms and definitions, the vision statements, goals, and recommendations, community liaison summaries, next steps, and references. 4. Commits to coordinating the implementation of the plan with lead and partner organizations. The plan implementation workbook includes: a. Specific goals and recommendations to accomplish the visions within the plan. b. Priority level of each recommendation based on urgency, impact, cost, and difficulty of implementation. c. Lead and partner organizations who will carry out a particular recommendation and contribute to the efforts, respectively. d. Resources and support needed to carry out a particular recommendation. e. Metrics which indicate whether a recommendation has been advanced. f. Indication of progress on each recommendation. 346 5. Is dedicated to the data collection as denoted in the 2021 Equity Indicators & Gaps Analysis project which included the baseline data that informed the development of this plan and will underlie the current and future metrics and progression of the goals and recommendations within this plan. 6. Commits to annual progress updates to the public, Economic Vitality Board, and the City Commission to ensure allocation of resources to advance the goals and recommendations, transparency and accountability for the plan’s implementation, and alignment with existing and new priorities of our community. Section 2 The 2023 Belonging in Bozeman Equity and Inclusion Plan is hereby adopted and shall be as follows as attached in Exhibit A. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 19th day of December, 2023. 347 CYNTHIA L. ANDRUS Mayor ATTEST: MIKE MAAS City Clerk APPROVED AS TO FORM: GREG SULLIVAN City Attorney 348 engage.bozeman.net/belonging -0 -349 Table of Contents At-A-Glance..........................................................................................................................................2 Introduction........................................................................................................................................ 3 Acknowledgements............................................................................................................................4 A Truthful History of Bozeman...............................................................................................................8 Process and Timeline....................................................................................................................... 15 Key Terms.......................................................................................................................................... 17 Terms Found in the Plan........................................................................................................................ 17 Equity and Inclusion Terms....................................................................................................................18 The Equity and Inclusion Plan.........................................................................................................20 Housing.....................................................................................................................................................21 Transportation..................................................................................................................................24 Health and Wellbeing..............................................................................................................................26 Education..................................................................................................................................................28 Childcare and Youth Programming...................................................................................................... 30 Economic Stability................................................................................................................................... 32 Community Resiliency............................................................................................................................ 34 Community Safety and Civic Health..................................................................................................... 36 Community Liaison Report Summaries......................................................................................... 39 What’s Next....................................................................................................................................... 41 Conclusion......................................................................................................................................... 42 Appendix A: References..........................................................................................................................43 Appendix B: Implementation Workbook..............................................................................................43 engage.bozeman.net/belonging - 1 -350 At-A-Glance OVERVIEW The process of bringing this document together involved extensive collaboration and input from community members, partner organizations, and local government to identify needs, gather data, and create a comprehensive plan. The plan reflects a personal approach by incorporating individual experiences in the community and outlines goals and recommendations to address a range of issues, with the mutual consent and commitment of Bozeman’s organizations, individuals, and government bodies. KEY PLAYERS ● Belonging in Bozeman Internal Committee ● Belonging in Bozeman Steering Committee ● Bozeman City Commission ● Economic Vitality Board ● Community Liaisons ● City of Bozeman Executive Leadership Team PROCESS The development of this plan entailed extensive engagement with community members and partner organizations to delineate needs and gather pertinent data. Efforts concentrated on removing participation barriers and fostering diverse pathways for input in envisioning the plan, formulating goals, and defining specific recommendations. Building upon prior initiatives like the Inclusive City Report, commitments of the Cities for CEDAW initiative, and the 2020 Equity Indicators Report, this plan signifies a crucial milestone in advancing equity and inclusion in Bozeman. Key milestones are outlined in the timeline and elaborated upon in the key terms section. This Equity and Inclusion Plan stands as a testament to the collaborative spirit and dedication of Bozeman's diverse stakeholders towards creating a more equitable and inclusive community. Grounded in shared experiences and fortified by comprehensive data and engagement, this plan serves as a blueprint for action, signaling a commitment to foster a community where every voice is heard, and every individual thrives. Its implementation marks a pivotal step towards a future where equity and inclusion are woven into the fabric of Bozeman's identity. engage.bozeman.net/belonging - 2 -351 Introduction You hold in your hands, or on your screen, a collectively-developed roadmap for ongoing shared action to create a City of Bozeman that is equitable and inclusive for all who live in, work in, and visit the city. WHAT IS AN EQUITY AND INCLUSION PLAN? The purpose of the Belonging in Bozeman Equity and Inclusion Plan is to ensure that all residents, visitors, and City of Bozeman employees can thrive regardless of their race, identity, or life circumstance. It builds upon the 2021 Equity Indicators Report by moving forward with 8 issue areas identified by the community as Priority Needs. Through committee work and public survey, vision statements were created for each issue area. Then, committee members, community liaisons, and community members developed and refined goals and recommendations for each vision statement to move Bozeman in the direction of making those visions a reality. WHOSE PLAN IS THIS? This plan embodies a collective partnership involving the entire Bozeman community: it's a collaborative effort between local government, nonprofits, businesses, community groups, educational institutions, residents, employees, and visitors alike. While our organization plays a pivotal role in leading this initiative and our city government approves it for action, it's crucial to remember that no single entity or group holds more significance than others. This isn't a checklist solely for our organization or any specific group to execute; rather, it's a comprehensive roadmap for collective action, where every individual and entity's contribution is equally valued and essential to its success. A long legacy of civic engagement in Bozeman: at left, community gathers for the kickoff event for this planning process in February 2023 (Photo credit: Vince Pagán-Hill). At right, in the late 1920s, the Montana Federation of Colored Women’s Clubs convention at an unknown Montana location. Belle McDonald, who co-founded the Bozeman chapter with her sisters, is pictured in the front row, third woman from the right (photographer unknown; photo source here). engage.bozeman.net/belonging - 3 -352 Acknowledgements LAND We acknowledge and honor, with respect, the Indigenous Nations on whose traditional homelands the City now stands and whose historical and cultural relationships with the land continue to this day. Montana's intricate tribal territories, shaped by historic treaties, are highlighted in this map, offering a glimpse into ancestral lands. Explore more with this guide from Montana State University. Among the Indigenous nations of this region are the Séliš (Bitterroot Salish), Qlispé (Pend d’Orreille), Ktunaxa (Kootenai), Pikuni (Blackfeet), Tsistsis’tas (Northern Cheyenne), Apsáalooke (Crow), Anishinaabe (Chippewa), Nehiyawak (Cree), Metis, Nakoda (Assiniboine), A’aninin (Gros Ventre), Dakota, Lakota, and others. In acknowledging these people, the land, the plant, animal, and water relatives, it is important to recognize that our ability to live and work here, is due to colonizing policies, practices of genocide, cultural erasure, and the enslavement of Black people. engage.bozeman.net/belonging - 4 -353 ACKNOWLEDGEMENTS We recognize that meaningful reconciliation efforts with Indigenous peoples have not occurred in this country, and we encourage a growing awareness of our individual and shared abilities to effect changes that will lead us to a more equitable future for all in our community. GOVERNMENT We thank the members of the Bozeman City Commission: Mayor Cynthia Andrus, Deputy Mayor Terry Cunningham, Commissioner I-Ho Pomeroy, Commissioner Jennifer Madgic, Commissioner Christopher Coburn, and Commissioner Douglas Fischer. We thank the members of the Economic Vitality Board: Chair Katharine Osterloth, Vice Chair Danielle Rogers, Board Member Will Shepherd, Board Member Sara Savage, Board Member Craig Ogilvie, Board Member John Carey, and Board Member Malory Peterson. We thank Jeff Mihelich, City Manager; Chuck Winn, Assistant City Manager; Kira Peters, Assistant City Manager; Josh Waldo, Fire Chief; and Jim Veltkamp, Police Chief. PROJECT TEAM We thank the leaders of this project: Dani Hess, Community Engagement Coordinator, Belonging in Bozeman Co-Lead; Nakeisha Lyon, Associate Planner, Belonging in Bozeman Co-Lead; and Takami Clark, Communications and Engagement Manager. We thank the Community Liaisons who served as bridges between specific communities within Bozeman and the larger project team to ensure their voices were heard: Chace McNinch, Kristen Newman, and Jhenniffer Cifuentes. We thank the members of the Belonging in Bozeman Internal Team (some individuals pictured above): Andy Knight, Deputy Police Chief; Ali Chipouras, Sustainability Program Specialist; Calvin Van Ryzin, Water Treatment Plant Operator; Renata Munfrada, Economic Development Specialist; Sarah Rosenberg, Historic Preservation Officer + Associate Planner; Kyle Kors, City Service Worker; Renee Boundy, V.E.T.S. Court Coordinator; Josh Charles, Fire Captain; Julie Hunter, Executive Assistant; Alicia Paz-Solis, Engineer I; Cassandra Tozer, Human Resources Director; Scott McMahon, Information Technology Director; engage.bozeman.net/belonging - 5 -354 ACKNOWLEDGEMENTS Tony Modugno, Building Inspector II; Jennifer Giuttari, Assistant City Attorney; Kesslie Carlson-Ham, GIS Analyst; Matthew Lee, Water Conservation Specialist; and Kaitlin Johnson, Budget Analyst. We thank Morten Group, LLC for their support throughout this process: Mary F. Morten, President; Vince Pagán-Hill, Project Director; Jessica Kadish-Hernández, Consultant; and Lisa Gilmore, Senior Consultant. COMMUNITY We thank the Bozeman Extreme History Project, led by Crystal Alegria and Dr. Cheryl Hendry and the contributors to the historical narrative Dr. Shane Doyle, Crystal Wong Shors, Stacey Haugland, Rachel Phillips, Dr. Mary Murphy, Scott Birkenbuel, Bob Cruz, Dr. Barbara do Amaral, Judith Heilman, Pearl Michalson, Marsha Small, Michael Spears, and Dr. Walter Fleming. We thank our community chat hosts: City of Bozeman staff, Gallatin City-County Health Department (GCCHD), HRDC, Bienvenidos a Gallatin Valley, Gallatin Valley Interfaith Association, First-Generation Students Association at MSU, Gender Equity Alliance at MSU, and Bridgercare Peer Educators. We thank each member of the Belonging in Bozeman Steering Committee: Krista Dicomitis, Human Resource Development Council IX (HRDC); Marilyn King, Bozeman School District #7; Bethany Davies, Big Sky Chamber of Commerce; Scott Birkenbuel, Ability Montana; Ariel Donohue, Montana State University; Michelle Bossert, Gallatin County; Mikayla Pitts, The Montana Racial Equity Project; Katie Michael, Bozeman Health; Kendall Levinson, Montana Language Services; Kaleigh Mency, Pride Foundation; Lyla Brown, Forward Montana; Lei Anna Bertelson, Convention on the Elimination of All Forms of Discrimination Against Women; Amber Traxinger, Community Health Partners; Becky Wilbert, City of Belgrade; Valerie Webster, Gallatin Valley Interfaith Association; Karen DeCotis, Bozeman Dharma Center; Sara Freedwoman, Queer Bozeman; Ben Frentsos, Greater Gallatin United Way; Meshalya Cox, CoEquity Consulting; Joey Morrison, Bozeman Tenants United; Tori Sproles, Child Care Connections; Sophia Fortuanto, Thrive; and Kate Batchelder, Gallatin City-County Health Department. We thank Montana State University faculty, staff, and students who contributed to the plan: Dr. Kaylin Greene and SCOI 499 Sociology Capstone students; Professor Mikayla Pitts and HTH 445 Ethic of Care students; Susan Gallagher, Western Transportation Institute. engage.bozeman.net/belonging - 6 -355 November 8, 2023 Bozeman City Commission 121 N Rouse Ave Bozeman, MT 59715 Dear Residents and Visitors: The Gallatin Valley has long been a place of opportunity. Indigenous people from across the northwest and northern plains came here to hunt, heal, gather, and celebrate. For many thousands of years, it has sustained diverse plant, animal, and human communities. Today, Bozeman continues to have a lot to offer to those in search of a better quality of life, connection to nature, and a place to call home. However, whether all people can access these things is becoming a larger and larger concern. Disparities in people’s ability to fulfill their basic needs and thrive within our growing city are more apparent than ever. That is why the Belonging in Bozeman Equity & Inclusion Plan is so important. This community-led plan identifies areas of need and outlines the steps we need to take to address the challenges facing underserved groups in our community. It will take determined leadership, commitment of resources, and focused effort of not just the City of Bozeman, but local and regional partners, and community members themselves to make this effort a success. We all have a role to play in ensuring Bozeman is a community where everyone belongs. This change won’t happen overnight. This plan outlines the necessary goals, recommendations, and resources for the next 3-5 years. It will take changes in all aspects of our community down to the individual level to make sure we make our aspirational visions a reality and create the city we want to live in. As a city, we aim to weave equity throughout our work and encourage others to do the same to ensure that all who want to be here can thrive regardless of race, identity, or life circumstance. This will make our city stronger and keep Bozeman as a special place of opportunity. Thank you to all who have played a role in the creation of this plan. We look forward to our continued partnership with you to create a more inclusive, welcoming, and equitable city. Sincerely, Mayor Cynthia Andrus Deputy Mayor Terry Cunningham Commissioner Christopher Coburn Commissioner Douglas Fischer Commissioner Jennifer Madgic engage.bozeman.net/belonging - 7 -356 A Truthful History of Bozeman Researched and written by the Extreme History Project The man for whom the city of Bozeman is named and his fellow wealthy white counterparts are only one group of people who have shaped life in the Gallatin Valley, yet too often their narrative is presented as the default. This framing neglects the long and complex history of the many peoples who have called this region home, including Indigenous nations, Chinese immigrants, Black migrants, and more. As part of this Equity & Inclusion planning process, Bozeman’s Extreme History Project – whose work has already done much to educate residents and visitors on many overlooked and underappreciated aspects of the city’s history – wrote a comprehensive historical account of Bozeman that “seeks to center human experience, diverse perspectives, and the influence of individual and collective efforts in creating Bozeman.” The following historical account seeks to center human experience, diverse perspectives, and the influence of individual and collective efforts in creating Bozeman. The approach centered on roundtable discussions that engaged descendant community members, local equity advocates, and historical experts. These voices shaped the structure of the narrative, guided its questions, and illuminated its focal points. It is important to note that this approach does not yield a comprehensive, linear chronicle of Bozeman’s history; gaps and unanswered questions remain. However, what has emerged serves as a foundational framework – a mosaic of stories and viewpoints that collectively helps readers to reimagine Bozeman’s past and invites us all to reflect, question, and participate in an ongoing dialogue about Bozeman’s multifaceted heritage. Beavers and bison, flora and fauna, were the original inhabitants of this place we now call Bozeman. Séliš (Bitterroot Salish), Qlispé (Pend d’Orreille), Ktunaxa (Kootenai), Pikuni (Blackfeet), Tsistsis’tas (Northern Cheyenne), Apsáalooke (Crow), Anishinaabe (Chippewa), Nehiyawak (Cree), Metis, Nakoda (Assiniboine), A’aninin (Gros Ventre), Dakota, Lakota, and other indigenous nations who have engage.bozeman.net/belonging - 8 -357 CITY CONTEXT AND HISTORY millennia-long relationships with this land, also had millennia-long relationships with these plant and animal Relatives. For Indigenous people, this Valley was a gathering place, it provided seasonal sustenance and shared space. Settlers arrived in the 1860s with a vastly different understanding of land and ownership. Settlers killed the bison, dismantled beaver dams, plowed the land, and built a city on top of the water. Colonization served to sever the relationships that Indigenous people had with their Relatives, profoundly altering the landscape and its inhabitants. In 1863, gold seekers bound for Alder Gulch invaded the Gallatin Valley, a region allocated as Lakota Territory under the 1851 Treaty of Fort Laramie. In this valley, John Bozeman recognized an opportunity to amass personal wealth. Utilizing Indigenous trails, in 1863 Bozeman and John Jacobs laid out the Bozeman Trail and led the first wagon train of emigrants through the Gallatin Valley to gold mines in Alder Gulch the following year. At the crossing of what we now call Bozeman Creek, Bozeman, William Beall, and Daniel Rouse platted a town to supply emigrants. When Indigenous people retaliated, the United States Infantry and Cavalry entered the Valley and built Fort Ellis under the guise of protecting emigrants. From Fort Ellis, soldiers enacted a brutal campaign of violent dispossession. Another fort, Fort Parker, the first Indian Agency on the Crow Reservation, marked the forced transition to Reservation life for the region’s Indigenous people. It was government-sanctioned violent dispossession of Indigenous people that enabled non-Indigenous American settlement in the Gallatin Valley in the 1860s and all subsequent economic growth. For Indigenous people, construction and operation of the Forts marked the beginning of a forced transition from their traditional buffalo hunting lifestyle. For the residents of the small town of Bozeman, the Forts signaled safety and stability. For people like Nelson Story, the Forts were the source of a massive accumulation of wealth; it is men in this latter group whose names are now given pride of place in the Gallatin Valley. According to the federal population census of 1870, there were just over 400 people living in Bozeman, outside of Fort Ellis. These early settlers were not exclusively white Americans. Nearly 20% of Bozeman’s population in 1870 were immigrants, the majority of whom came from Germanic states. The Speith and Krug brewery, opened by two German immigrants was a saloon, public hall, and focal point for social and civic activity in Bozeman that served as a cornerstone for the town’s German community. By 1880, engage.bozeman.net/belonging - 9 -358 CITY CONTEXT AND HISTORY Chinese immigrants made up at least 16% of Bozeman’s immigrant population. Bozeman’s Chinese residents lived in lodging rooms in hotels, at their workplaces and businesses, in residential houses, and in the area known as “China Alley” - an alleyway located between East Main Street and East Mendenhall Street, and North Bozeman Avenue and North Rouse Avenue. They ran businesses like laundries restaurants, and boarding houses in China Alley and on Main Street in the late 19th and early 20th centuries. One particularly successful Chinese businessman, Chin Ah Ban, owned several restaurants on Main Street over the course of the early 20th century. Most of Bozeman’s early Black community came to Montana as refugees from racial violence in the post-Civil War South. Some, like Lizzie Williams, Samuel Lewis, and Richard and Mary McDonald played pivotal roles in the community’s economic and social development through their investment in real estate, businesses, and homes during the early 1870s. Like their Chinese counterparts, businesses like Lizzie Williams’s restaurant and Samuel Lewis’s barber shop were located on Main Street and were patronized by the entirety of the Bozeman community. Despite their contributions to the founding of Bozeman, memory of these Black and immigrant founders has been erased by a city whose streets now bear the names of their white American contemporaries – Beall, Story, Black, Cooper. While people like Chin Au Ban, Lizzie Williams, and Samuel Lewis, became financially successful, most early Black, Chinese, and other immigrant residents worked in service roles, predominately in domestic service for Bozeman’s middle- and upper-class families. As the 20th century approached, these working-class people became increasingly more segregated into the neighborhoods north of Main Street as investment and enhancement on the south side attracted residents of affluence. Main Street became an economic dividing line. The domestic labor of the Bozeman's minority and working-class residents afforded middle- and upper-class white residents the time and ability to establish churches, clubs, and voluntary associations. During the era when the government's presence in Bozeman was relatively modest, civic organizations, churches, and volunteer associations shaped the civic and social fabric of the community. In this, women played influential roles. Mary Alderson organized with the Women’s Christian Temperance Union (WCTU), fought for Montana women’s right to vote and helped successfully secure this right for white women in Montana in 1914, six years ahead of the nationwide enactment of the 19th Amendment. In doing this advocacy work, she asserted white women’s right to participate in the city’s and state’s civic affairs. engage.bozeman.net/belonging - 10 -359 CITY CONTEXT AND HISTORY Black women in Montana also came together for social and intellectual connection and civic improvement. Founded in 1921, The Montana Federation of Colored Women’s Clubs gave voice to Black women throughout the state. In Bozeman, the McDonald sisters – Mollie, Belle, and Melissa – along with club president Eva Robinson, formed a chapter called the Sweet Pea Study Club that raised money to help Black high school students attend college, advocated for civil rights legislation, and worked to improve racial relations at the state and local level. By the turn of the twentieth century, Montana was one of the most ethnically diverse states in the country, and the population in Bozeman reflected this larger trend. Yet today, Montana is among the whitest states in the country. Legislation and formal and informal racial discrimination and exclusion accounts for this shift. One of the first ordinances to be adopted after the City of Bozeman was incorporated in 1883 was Ordinance No. 8, “Concerning Offenses Against Good Order and Morals." Ostensibly passed to protect the business district from the threat of fire, Section 5 of the ordinance allowed Bozeman police to closely monitor the Chinese and conduct raids against supposed opium dens and arrest and fine Chinese residents. Ordinance No. 8 also included gendered definitions of “morality.” Section 7’s prohibition against “in any public place...in a dress not belonging to his or her sex, or in an indecent or lewd dress...” reflects an early attempt to legislate gender expression. State laws also impacted Bozeman residents. In 1909, the Montana State legislature passed an anti-miscegenation law that made interracial marriage illegal, nullified existing unions, and rejected those from other states. The number of young, single African Americans living in Montana dropped between 1910 and 1930. This bill threatened the Black family structure; with a limited choice of legal spouses in Bozeman, young Black Bozeman residents had to look elsewhere for marriage prospects. Belle Ward, the granddaughter of Richard and Mary McDonald, went to Helena to marry a Black man in 1925. Fred Harris Jr. moved with his parents to Tacoma, Washington in 1918. At that time, there was not a single person living in Bozeman that he might legally marry. The adoption of this anti-miscegenation bill, which remained in law until 1953, shows the shift from a society in Montana that offered a future for a Black community into one that did not. Bozeman’s minority communities also encountered racial discrimination in the form of threats, belittlement, harassment, and exclusion. The Chinese were seen by some as lowly and immoral, Chinese men were seen as less of “men” based upon their clothing. Mocking and finding amusement in Chinese accents or broken English was a common sentiment found in early newspapers. Chinese residents were frequent victims of conflict and assault at their places of business and on the streets of Bozeman; some faced open threats of lynching. Bozeman’s Black community faced threat in the form of a resurging Ku Klux Klan in the 1920s. In August 1926, 1,000 people attended a Klan picnic and public lecture at the Bozeman Hot Springs. By the mid-20th century, Black people were increasingly excluded from public engage.bozeman.net/belonging - 11 -360 CITY CONTEXT AND HISTORY space in Bozeman. One example occurred in 1950 when nationally recognized singer Dorothy Maynor came to Bozeman for a concert and the Baxter Hotel refused to let her stay there. Decades of formal and informal exclusionary practices have created a sense of invisibility among Bozeman’s minority residents. For Indigenous people, this goes back to the formal violent exclusion of the 1860s and 1870s. People with disabilities have also been formally excluded, displaced by institutionalization since 1877 when Warm Springs hospital was built in western Montana. In some cases, invisibility is due to outmigration – by the 1930s, half of Montana’s Black residents had left, Bozeman’s Chinese community precipitously dropped in the same period. Invisibility is compounded by the rebranding of the land which has erased Indigenous history and the naming of places which celebrates specific aspects and people of our past, while erasing others. Despite this, Bozeman residents have worked to hold on to their culture and customs, actively dismantle barriers, and create inclusive spaces. A key effort in this was and is claiming visible space as the region’s Indigenous people have done for over fifty years at the annual Montana State University (MSU) Powwow. The Powwow represents an ongoing tradition spanning countless generations—stretching back hundreds, even thousands of years—where people gather, revel in each other's company, and reconnect with their origins. Despite its complicated history, MSU has played a key role in efforts to create community and inclusive spaces. MSU was established in 1893 through the Morrill Act, a piece of legislation that utilized wealth from stolen Indigenous land to fund higher education. Through its democratization of higher education, the land grant, though problematic, provided a path to diversity. The Multicultural Resource Center, established in 1999 by the Associated Students of Montana State University with leadership by the Black Student Union. Evolving over the years, it became the Diversity & Inclusion Student Commons in 2017. The Department of Native American Studies and the American Indian Council were established to advance education for and about American Indians of Montana and to promote community and academic success for MSU’s Native students. Over the past five decades, these entities have evolved into a central hub for Indigenous life in Bozeman. The University serves as a magnet for diverse students and families, contributing to the presence of people of color in the community. However, this influx is often perceived as temporary, with the notion that diverse individuals are primarily students and, consequently, transient residents. The paradox engage.bozeman.net/belonging - 12 -361 CITY CONTEXT AND HISTORY emerges as MSU attracts diversity, albeit temporarily. It functions as a dynamic hub for a variety of perspectives and people, yet a considerable number do not stay in Bozeman, facing challenges in establishing more permanent roots. Notably, the visibility of Native families is predominantly associated with MSU, but many can only afford to reside in Bozeman during their college years, relying on scholarships or loans for support. This dynamic raises important considerations about the sustainability of diversity within the community beyond the confines of academic pursuits. Beyond MSU, other groups have worked to build community. In the 1990s, Stacey Haugland realized that she would have to push hard to make space for herself and other lesbians in Bozeman. She hung posters around town advertising a “Lesbian Community Potluck” to be held at her house. What began as casual gatherings evolved into the formation of Gallatin Area Lesbian Society. Haugland later became a plaintiff in a successful legal effort to decriminalize homosexuality in Montana in 1997. Meanwhile, another notable legal battle unfolded at Bozeman airport, where a lawsuit addressed accessibility issues. The lawsuit sought improvements in infrastructure and services to ensure equal access for all travelers, highlighting the importance of inclusive facilities in public spaces. The legacy of past efforts for inclusivity and visibility endures in the ongoing advocacy of Bozeman's residents who continue to fight for a community that embraces diversity and ensures equal representation in the 21st century. In the 21st century, the City of Bozeman has passed several ordinances and resolutions to support and celebrate Bozeman’s diverse population. The City Commission continued its commitment to inclusivity with its endorsement of the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) in 2022 along with the official recognition of Indigenous Peoples’ Day and Juneteenth holidays. These holidays recognize the city's rich multicultural heritage and are marked by celebratory events throughout town and on the MSU campus. engage.bozeman.net/belonging - 13 -362 CITY CONTEXT AND HISTORY Delving into the past serves as a poignant reminder that Bozeman has always been a diverse locale, with historical factors contributing to the evolving nature of its diversity. Our historical narratives reveal harassment, discrimination, and the struggle for visibility alongside stories of community building, resistance, and resilience. Find the full-length version of this history on the city website. engage.bozeman.net/belonging - 14 -363 Process and Timeline The process to develop this plan was grounded in input from community members and partner organizations to define needs, gather data, and chart a path forward. Community engagement efforts focused on reducing barriers to participation and creating multiple ways for everyone to help establish the vision for the plan, generate goals, and define the specific recommendations to achieve them. The content of the plan built on previous efforts defined in the Inclusive City Report, commitments of the Cities for CEDAW initiative, and the Equity Indicators Report. Key milestones in the process are outlined in the following timeline and further defined in the key terms section. 2020: Inclusive City Policy Review On June 8, 2020, in response to local and national calls for action to address violence against Black, Indigenous, and People of Color (BIPOC), the Bozeman City Commission directed the City Manager to review the city’s policies, training, and frameworks. The “Bozeman as an Inclusive City: Review of Policies'' report was released on July 22, 2020 and established the commitment to conduct a “gaps analysis” and develop equity indicators to ultimately guide an equity and inclusion plan for the community. 2021: Establishing a Baseline - Equity Indicators Project & CEDAW priorities In 2021, The City of Bozeman launched the Equity Indicators Project to measure equity and access to resources in the City. The purpose was to establish a baseline to make Bozeman a more inclusive, welcoming, and equitable place. The resulting Equity Indicators Report, released on July 31, 2021, revealed key needs and gaps in priority areas identified by the community such as housing, healthcare, and education. The Equity Indicators Hub is a resource that tracks the data behind this plan. Data comes from publicly available databases like the 2020 Census, American Community Survey, and local data sharing partners. Check out the Equity Indicators Hub and find interactive data displays as well as the open data portal where local partners and community members can access the data themselves to inform and support their efforts in the Gallatin Valley. Also in 2021, the City of Bozeman signed on to Resolution 5384, Establishing Bozeman as a City for the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW). This local grassroots effort defines key priorities for the city to undertake to conform with this United Nations convention. These priorities include continuing to collect data around disparities in our community as well as developing an equity and inclusion plan. engage.bozeman.net/belonging - 15 -364 PROCESS AND TIMELINE 2022: Beginning Action — Belonging in Bozeman In the spring of 2022, the City convened the internal Belonging in Bozeman team with city staff from across all departments in the organization to guide the development of the city’s first Equity & Inclusion Plan. The team helped shape the definitions of key terms to be used in this plan and establish a community engagement strategy and an outline of this very document. 2022 also marked the year that the the City of Bozeman established both Juneteenth and Indigenous People’s Day as officially recognized holidays. Indigenous People’s Day began with the vision, followed by years of action, and ultimately success of Indigenous Peoples Day Montana, a group of local and state organizers who helped make this holiday official in the City of Bozeman. 2023: Continuing Action — Equity & Inclusion Planning Process The Equity and Inclusion Planning Process kicked off with the official launch event on March 7, 2023. A Steering Committee of organizational partners doing work across all eight topic areas was established to meet monthly throughout the process. That spring, three Community Liaisons were hired to elevate community voices and gather input from communities that often face additional barriers to participating in local government processes, such as the Spanish-speaking community, LGBTQ+ community, and the disability community. In June, a community-wide survey gathered input from nearly 400 community members on the plan’s Vision Statements. With this input, the final Vision Statements were drafted and edited with input from both the Belonging in Bozeman Steering Committee and internal city staff team. In August, a half-day workshop was held with these two groups to generate the goals and recommendations of the plan. Broader community input was sought on the goals and recommendations through Community Chats, held from July-September. Throughout the year, guidance was sought and updates were provided to the city’s Economic Vitality Board on a monthly basis, and on a quarterly basis with the City Commission. With all of this input, the project team met with city staff and community partners to ensure that the plan’s aspirations were balanced with what could be realistically achieved in the next 3-5 years. With over 15 different city departments and over 30 community partner organizations, the team dug into the details like establishing lead and partner organizations, metrics, and resources needed for implementation. And, finally, this report was drafted from September to November and considered for approval by the city’s Economic Vitality Board and City Commission in December 2023. engage.bozeman.net/belonging - 16 -365 Key Terms The following terms are helpful to understand as you take in the plan: Terms Found in the Plan Vision Statements: Vision Statements serve as bold, short, and consistent phrases that clearly state a desired outcome for all individuals in our community. This plan’s Vision Statements are based on the Equity Indicators Report (2021), priorities of the Convention for the Elimination of Discrimination against Women (CEDAW) per Resolution 5384, and feedback from City staff, applicable advisory bodies, and community members. Goal: Goals put visions into practice by describing the overarching action that must be taken in order to achieve the vision. Recommendation: Recommendations take goals to a finer level of detail by clarifying the steps that must be taken in order to achieve the goal. Priority #1, #2, #3: A prioritization matrix helped rank the priority level of each recommendation based on “cost/difficulty” and “impact/urgency.” Cost and difficulty depends on factors like existing efforts underway, staff capacity, resources available, and cost. Impact and urgency depends on alignment with existing city/partner priorities and how directly the recommendation addresses the goal, vision statement, and relevant equity indicators. Priority #1 indicates recommendations that have relatively high impact/urgency, are most difficult/costly to implement, and may need more time to gather resources and build capacity. Begin first, but progress may not occur for 2-3 years. Priority #2 indicates recommendations with relatively high impact/urgency, are relatively less difficult/costly and should be undertaken early, progress expected within 1-2 yrs. Priority #3 indicates recommendations that have relatively lower impact/urgency and are least difficult/costly and should be undertaken after progress and/or successful implementation of #1 and #2 recommendations. Progress expected in 3+ years. Lead org + partners: The organization that is leading the effort to carry out a particular recommendation and the fellow organizations that are contributing to the effort. Metric: The result or action taken that indicates whether a recommendation has been advanced or partners have made progress. Progress: The category expressing movement or headway on a recommendation. Will be updated annually by the City of Bozeman to show: “Not yet started” / “In-progress” / “Ongoing” / “Complete” engage.bozeman.net/belonging - 17 -366 KEY TERMS Equity and Inclusion Terms Access: The elimination of discrimination and other physical or structural barriers that result in some people being unable to use a physical space, benefit from a service or resource, or join and participate in an activity, event, program, or organization. Belonging: A feeling of belonging revolves around trust, openness, empathy, connection, purpose, and agency within a particular group, organization, or community. An individual feels like they belong when they can show up as their authentic self and feel valued, understood, respected, safe, and represented. Organizations can contribute to a culture of belonging by supporting policies, practices, and programs that foster a sense of security, acceptance, and celebration across identities. Belonging in Bozeman: The initiative undertaken by the City of Bozeman to complete this Equity & Inclusion plan. Initially begun as the “Inclusive City” effort that resulted in the Inclusive City Report & Recommendations, the Belonging in Bozeman effort builds off of this early work to expand and sustain the city’s work in equity and inclusion. Equality: Sameness; treating everyone the same regardless of identity, life circumstance, or needs. The same resources or services may be available to all, but some people may face barriers in accessing or benefitting from them. Equity: Recognizing differences in people’s identities, life circumstances, and needs to ensure that all are welcome, valued, and can thrive in our community. When we strive for equity, we intentionally create systems that are informed by people’s lived experiences so that everyone can access and benefit from the services and resources they need. EQUALITY Everyone gets the same - regardless of if it’s needed or right for them. EQUITY Everyone gets what they need - understanding the barriers, circumstances, and conditions. engage.bozeman.net/belonging - 18 -367 KEY TERMS Diversity: Variation and difference across individuals in a group, organization, or community. A group can be described as diverse when it is made up of individuals of varying characteristics including (but not limited to!) race, ethnicity, language spoken, nationality, cultural identity, spiritual practice, age, gender identity, gender expression, sexual orientation, ability, and income or socioeconomic status. When we strive for diversity, we honor the richness, value, and benefits of bringing people with different perspectives, identities, and experiences together. Inclusion: What we do with diversity. An individual, a group, an organization, or community is inclusive when it leverages and celebrates the skills, abilities, and talents of all of its members. When we strive for inclusion we are aware of how our words, actions, and beliefs impact others. Inclusive spaces are those in which people are respected, heard, and feel like they belong, even when they hold different identities, experiences, or perspectives from each other. engage.bozeman.net/belonging - 19 -368 The Equity and Inclusion Plan “When it comes to equity, where are our city’s gaps and needs, and what indicators would demonstrate movement on closing these gaps and addressing these needs?” This was the question asked by the Equity Indicators Project in 2021. “How do we translate the data from the Equity Indicators Report into tangible actions to create a more equitable and inclusive city within the next 3-5 years?” This was the question asked – and, now, answered – by this Equity & Inclusion planning process. The plan directly builds upon the 2021 Equity Indicators Report by addressing eight distinct issue areas that correspond to the eight themes/categories of gaps/needs found in that report. The planning process has been grounded in the data from the Equity Indicators project every step of the way. For example, the Vision Statements Overview document made available to Community Chat hosts in the summer of 2023 contained statistics and facts from the Equity Indicators Report to guide discussions. Each section of the plan begins with a collectively-developed vision statement of what an equitable and inclusive Bozeman would be like for all, followed by a list of goals and recommendations to make that vision a reality. View the full implementation workbook which includes priority level, organizational leads + partners, resources needed, metrics, and progress in Appendix B. To view the equity indicators that serve as the baseline data guiding this plan, please visit the Equity Indicators Hub. Our collective vision for the City of Bozeman: Housing is available, affordable, accessible, and safe. Childcare and youth programs are high quality, affordable, and accessible. A variety of transportation options exist to meet mobility needs. A thriving economy offers readily available living-wage jobs and fair work environments. Healthcare services and health programs that address physical, mental, and sexual & reproductive well-being are available, accessible, and inclusive. Access to community spaces and resources fosters social connection, health, and resilience in a changing climate. Local government and major institutions prioritize safety, inclusion, and representation. Learning opportunities allow for full participation and foster growth and success. engage.bozeman.net/belonging - 20 -369 Housing is available, affordable, accessible, and safe. Housing has been an issue for Bozeman residents for many years; concern has increased as costs have skyrocketed following the COVID-19 pandemic. This is well-documented across several existing reports. The Bozeman Community Housing Needs Assessment (2019) revealed that prior to the pandemic, housing costs were already becoming unmanageable — the percentage of households paying over 30% of their income for rent plus utilities was 55%. Bozeman’s Equity Indicators Project (2021) found housing access to affordable housing was the top need identified by survey takers (69% reported “large need”). The most recent Gallatin Valley Housing Report (2023) confirms that the post-COVID real estate price surge has been staggering: “the median price of a newly-built single-family home in 2022 was $950,000, nearly double the amount recorded in 2019.” This plan proposes making equitable and inclusive housing a reality in Bozeman by focusing strategically on homelessness, displacement, aging in place and universal building accessibility, increasing community knowledge, and lobbying for local solutions at the state level, so that Bozeman residents of all ages, abilities, and income levels can feel confident and secure in calling Bozeman their home. HOUSING GOALS AND RECOMMENDATIONS Goal 1. Develop a coordinated strategy to address homelessness in the Bozeman area. 1. Identify and prioritize Housing First approaches to address housing instability and homelessness. 2. Support partner organizations by funding transitional and emergency housing initiatives and programs. 3. Work with partners to leverage creative funding mechanisms, incentives, and existing assets to increase long-term affordable housing supply and housing preservation for people earning below 60% of AMI. (Federal funding, LIHTC, TIF, Community Land Trusts, Community Housing Fund, land banking, city-owned land etc.) engage.bozeman.net/belonging - 21 -370 HOUSING Goal 2. Reduce displacement of residents who work and go to school in Bozeman but cannot afford to live in Bozeman. 1. Evaluate city employee housing cost burden and consider options for employee housing assistance. 2. Convene local partners to explore the potential for co-operative housing models. 3. Strengthen coordination with MSU and partnerships with the Office of Off-Campus Student Life and student housing developers and property management companies. Goal 3. Promote aging-in-place and universally accessible residential development. 1. Conduct an educational workshop for design, construction, and real estate professionals on universal design practices and adaptable dwellings within residential developments. 2. Codify development incentives for design that enables aging in place and universal accessibility beyond the requirements of the building code, for example: ○ Establish requirements for the number of adaptable units in developments that utilize city Community Housing Funds; ○ Amend division 38.430 of the UDC to include an option in the novel public benefits section to include universal design best practices and incentives for elevators in multistory buildings Goal 4. Increase community knowledge in housing issues. 1. Host workshops for landlords and tenants on the Montana Tenant Act and Fair Housing Act, becoming a Housing Choice Voucher Landlord, Resident-owned community models. 2. Develop and distribute materials to support understanding of community housing approaches, programs, and terms such as: ○ Area Median Income and how affordability in housing development is defined ○ Housing subsidy/financing programs and terms such as LIHTC, TIF, deed restrictions, etc. ○ Issues around local control, state legislation, and local incentive strategies – what can and can’t we do at the local level and why? ○ Rental, mortgage, and down payment assistance programs ○ Short term rental regulations ○ Urban camping regulations ○ Definition of homelessness (McKinney Vento, HUD) engage.bozeman.net/belonging - 22 -371 HOUSING Goal 5. Support and defend local housing solutions at the state legislature. 1. Identify and pursue local and state revenue streams for the creation of affordable housing and housing assistance programs: ○ Available to residents regardless of immigration status or english proficiency (local) ○ Dedicated mills (local) ○ Sales tax (state) ○ Circuit breaker in the 70th MT Legislative session to target relief to homeowners on a fixed income and renters (state) ○ Preserves the ability to use Tax Increment Financing as a tool for affordable housing (state) engage.bozeman.net/belonging - 23 -372 A variety of transportation options exist to meet mobility needs. Bozeman’s main street has changed dramatically since the 25th Infantry Bicycle Corps, a unit of Black soldiers, passed through it in 1897, “attracting much attention and interest.” Today, an onlooker in downtown Bozeman will find a mix of bicycles, pedestrians, buses, and cars, and a population ready for these varying modes of transit to be more accessible to all. This plan proposes focusing on the most vulnerable travelers, meaning those who rely on getting where they need to go without a personal vehicle. That means people who walk or use a wheelchair, ride a bike, share rides, or take the Streamline Bus or Galavan system. There are many beneficial reasons why people choose to not drive; however, many don’t even have the option - some are too young to get behind the wheel, some can’t afford to own vehicles, others are unable to drive due to age or disability. That’s why these recommendations prioritize meeting mobility needs for all Bozeman residents, visitors, and employees by expanding reliable transit and paratransit services, going beyond ADA compliance, prioritizing winter mobility, and using an equity lens in parking management. TRANSPORTATION GOALS AND RECOMMENDATIONS Goal 1. Expand reliable transit and paratransit services, prioritizing winter accessibility. 1. Leverage new revenue streams to support increased frequency of fixed-route transit and paratransit service (for example, paid on-street parking, future UTD ballot measure, federal grants). 2. Ensure that city funds contribute to comparable service of paratransit to fixed-route transit operations. 3. Develop standards and formalize processes for ensuring bus stops are comfortable, safe, shaded from sun, and accessible to riders in the winter. 4. Pilot a “Snow Angels” program to connect volunteers and people with disabilities, older adults who are unable to remove snow from their sidewalks 5. Prioritize snow and ice removal at transit stops engage.bozeman.net/belonging - 24 -373 TRANSPORTATION Goal 2. Center the most vulnerable road users in transportation infrastructure design. 1. Develop and implement an Equity Impacts Tool to utilize in Transportation Planning and train staff, directors, and decision makers in this approach. 2. Mitigate implicit bias and enhance freedom of movement in transportation design and behavior, (for example, update the city’s Complete Streets Resolution with an equity component). 3. Retrofit bicycle lanes to separate vehicles and bicyclists. 4. Strengthen partnership with Gallatin County and Montana Department of Transportation for safety improvements on streets not within the City’s jurisdiction. 5. Leverage expertise of the disability community to educate design and building professionals on accessible community design, for example: ○ Seasonal (summer/winter) inclusive interdisciplinary walking audits with members of the disability community, contractors, engineers, and others to assess for ADA compliance and foster co-design of built environment ○ Develop a Sidewalk Audit process for city staff to implement ○ Conduct parks accessibility audits and develop standards Goal 3. Prioritize equity in parking management practices. 1. Develop a public outreach and education campaign about the proper use of accessible parking spaces and access aisles. 2. Improve enforcement and responsiveness of PD/Parking Enforcement Officers when vehicles are parked unlawfully in accessible spaces, as per city ordinance. 3. Ensure accessible parking spaces are provided in areas where the city does not require the provision of on-site parking. 4. Use an Equity Impacts Tool to evaluate parking fines and fees, towing and impounding practices, and allocation of enforcement resources. engage.bozeman.net/belonging - 25 -374 Healthcare services and health programs that address physical, mental, and sexual & reproductive well-being are available, accessible, and inclusive. Healthcare access and quality is only one of the five key Social Determinants of Health, but it is, of course, a critical one. We know that health is greatly influenced by the other four – neighborhood, education, community, and economic stability – which you’ll see in other issue areas of the plan. Over the last several years, Bozeman residents have consistently reported access to healthcare, mental health services, and substance use as top concerns. This is evident in the 2021 Equity Indicators Report as well as the 2020 Community Health Needs Assessment report. Through this Equity and Inclusion planning process, participants have identified ways to make progress in these areas and reduce disparities by amplifying the voices of groups often marginalized in healthcare settings, such as the disability community. This plan proposes achieving equitable & inclusive health & well-being for Bozeman residents and workers through continuing education for professionals, increased coordination between agencies, support and implementation of proven efforts, and expansion of meaningful language access. HEALTH + WELLBEING GOALS AND RECOMMENDATIONS Goal 1. Support continuing education for health professionals on working with underserved communities. 1. Provide opportunities for health professionals to participate in training on: Healthcare Allies training; Disability identity, wellness, etiquette; Working with LEP (Limited English Proficiency) patients. 2. Increase access to mental health supports and training for health professionals and first responders. Goal 2. Increase coordination between health agencies to reduce barriers to healthcare services and programs. 1. Coordinate across organizations to enable data sharing to better characterize health disparities and social needs in underserved communities. 2. Improve referral and case management processes across health care and social service providers to connect patients/clients with community resources. engage.bozeman.net/belonging - 26 -375 HEALTH + WELLBEING Goal 3. Support and implement proven health education and healthcare access efforts. 1. Expand the use of harm reduction approaches to treat substance use disorder. 2. Increase telehealth offerings and publicly available telehealth spaces for clients (e.g. private telehealth rooms in libraries and other community spaces). 3. Support access to reproductive healthcare and comprehensive sexual education. Goal 4. Expand meaningful language access in clinical settings and in health promotion programs. 1. Provide on-demand interpretation in clinical and public health settings, train providers and professionals in its use, and translate signage and documents. 2. Partner with organizations to reach underserved communities through mobile/pop-up health clinics and health education and promotion programs engage.bozeman.net/belonging - 27 -376 Learning opportunities allow for full participation and foster growth and success. Bozeman is a college town, home to Montana State University – the largest university in Montana, Wyoming, and the Dakotas, with students hailing from all 50 states. At the K-12 level, U.S. News and World Report ranks Bozeman High School as #1 in the State of Montana. When it comes to equity and inclusion both within and outside of these institutions, however, access and achievement gaps persist for some students. This plan advocates for a more equitable and inclusive education landscape in Bozeman through expanding opportunities for multilingual learners, supporting higher education for underserved communities, prioritizing “cradle-to-career” educational systems, and increasing support for students experiencing homelessness. EDUCATION GOALS AND RECOMMENDATIONS Goal 1. Expand opportunities for multilingual learners of all ages. 1. Increase resources for multilingual education. 2. Provide meaningful language access to school services, online, and print materials to provide LEP families with the information they need. 3. Partner with local educators, organizations, and employers to provide English learning opportunities for Spanish-speaking residents. Goal 2. Increase recruitment and resources to support higher education for underserved communities. 1. Continue to foster professional development opportunities for educators that emphasize LGBTQ+ allyship, cultural humility, supporting students with disabilities, and inclusive learning environments. 2. Support growth in resources for recruitment, retention, and graduation of American Indian & Alaska Native students at MSU. engage.bozeman.net/belonging - 28 -377 EDUCATION Goal 3. Prioritize the creation of “cradle-to-career” educational systems by investing in sector-based strategies and career pathways. 1. Prioritize funding mechanisms to support early literacy interventions for 4-year olds, targeting families earning low-incomes, experiencing housing instability, or limited english proficiency. 2. Continue to engage students in budget processes and strategic planning. 3. Establish avenues for mentorship and shadowing for students at all levels who are exploring career paths in fields in which they are underrepresented (eg: women in the trades, BIPOC in executive leadership or local government). 4. Target professional development in alternative energy technologies to existing contractors to grow their skills and experience. 5. Increase opportunities for underserved youth in Junior Leadership Programs geared towards photonic, aviation, and manufacturing sectors. Goal 4. Increase wrap-around support and resources available to students experiencing homelessness. 1. Partner with local schools and universities to assess the needs of affected students and assist with support delivery. 2. Distribute materials to educators around the prevalence of homelessness, resources to support students and families, and the intersectionality of this issue. 3. Partner with educators and schools to build a coordinated strategy to address homelessness. engage.bozeman.net/belonging - 29 -378 Childcare and youth programs are high-quality, affordable, and accessible. In Bozeman’s 2021 Equity Indicators Report, early childhood care and education was identified as a large or moderate need across all demographic subgroups. An April 2023 article published by Bozeman radio station The Moose ran with the headline, “How on earth do Bozeman families afford preschool or daycare?” In addition to affordability, availability is limited. The current number of licensed childcare providers and the number of available preschool and infant spots only meet about half of the demand for childcare in Gallatin County (Child Care Connections). This plan envisions a City of Bozeman in which programming for children and youth is affordable, of excellent quality, inclusive of young people of varied backgrounds, and accessible to all. To this end, the plan’s co-authors have identified the following goals: reducing barriers for underserved children, increasing program capacity, increasing program and provider subsidies, and recruiting and retaining quality staff. CHILDCARE + YOUTH PROGRAMMING GOALS AND RECOMMENDATIONS Goal 1. Reduce barriers to out-of-school opportunities and programs for underserved children. 1. Evaluate and address barriers around participation in out-of-school programs, including transportation and cost. 2. Support participation in city programs and activities for families of children with disabilities. 3. Explore opportunities to integrate indigenous food systems, languages, and culture into summer and after school programs. Goal 2. Increase capacity of after-school and summer programs. 1. Perform an equity impact analysis of the city’s enrollment processes, level of subsidy, and scholarships for recreation programs and youth camps. 2. Establish and continue partnerships with governmental and non-profit organizations for free use of space access, subsidies, and other mechanisms to support youth programming within Gallatin Valley. 3. Develop a quick response plan for providing childcare in the case of emergency school closure or other community emergencies. engage.bozeman.net/belonging - 30 -379 CHILDCARE + YOUTH PROGRAMMING Goal 3. Increase subsidy for childcare programs and providers. 1. Lobby for additional local, state, and federal funding/subsidy of quality childcare. Goal 4. Recruit, develop, and retain quality staff. 1. Support efforts to recruit multilingual and multicultural staff for recreational programming. 2. Implement a mentorship and training program for youth who want to work as future recreation/camp leaders. 3. Spotlight the value and contributions of child care and youth programming employees through a communications campaign. engage.bozeman.net/belonging - 31 -380 A thriving economy offers readily available living-wage jobs and fair work environments. Bozeman’s unemployment rate was just 1.8% in September 2023, but this is just one piece of the overall economic picture. In the words of a stakeholder in the 2021 Equity Indicators Project, “I wish my salary kept up with cost of living expenses.” This need for more livable wages given the high local cost of living continues to be prevalent in 2023, and the state’s most recent Labor Day report affirmed this, stating that Bozeman and the surrounding area was one of the “most expensive areas of the state relative to income levels.” Additionally, gender-based wage gaps continue to persist, as do race-based disparities in median household income. This plan proposes moving Bozeman towards an economy that is equitable, inclusive, and thriving, by fostering fair and inclusive work environments, supporting and recognizing inclusive businesses and employers, expanding access to city contracts and funding for local businesses, and supporting the growing Hispanic and Latino workforce. ECONOMIC SECURITY GOALS AND RECOMMENDATIONS GOAL 1: Serve as a model for fostering fair and inclusive work environments. 1. Introduce a Minority and Women-Owned Business criteria into the city’s RFP scoring process. 2. Bolster guidance and accountability measures for city vendors in adhering to: The city’s Non-Discrimination and Equal Pay requirements; Federal labor law as it relates to fair treatment of workers. 3. Continue to narrow the gender pay gap among city employees. Goal 2. Support and recognize inclusive businesses and employers. 1. Distribute guidance on being a fully accessible workplace/employer for people with disabilities. 2. Develop an Inclusive Businesses Toolkit (LGBTQ+, Disability, BIPOC) and recognition program. Goal 3. Expand access to city contracts and funding for local firms, businesses, and vendors. engage.bozeman.net/belonging - 32 -381 ECONOMIC SECURITY 1. Evaluate TIF funding eligibility criteria to: ○ Target TIF benefits to communities that have been historically disadvantaged ○ Prioritize the development or preservation of workforce housing ○ Consciously and proactively work to reverse patterns of racial inequity in investment and development 2. Provide training on how to apply for city contracts/become a city vendor and connect experienced city vendors with small business owners to subcontract and gain experience. Goal 4. Support the growing Hispanic + Latino workforce to our economy and community. 1. Support the Montana Compact on Immigration. 2. Partner with local financial institutions to provide access to banking and lending opportunities for Hispanic + Latino workers. engage.bozeman.net/belonging - 33 -382 Access to community spaces and resources fosters social connection, health, and resilience in a changing climate. Individuals from all over the world come to the Gallatin Valley to appreciate its vast open spaces and natural resources. However, when it comes to resources for residents and employees, our city’s most vulnerable residents disproportionately struggle to afford basic utilities and bear the brunt of the effects of extreme weather and climate change most deeply. The human resources offered by the diversity of identities and experiences of our city staff and residents are also not yet fully appreciated. This plan proposes to create a more equitable and inclusive Bozeman in this area by increasing knowledge and use of resources for underserved communities, recognizing and celebrating diversity among city staff and the community at large, responding to climate change and extreme weather’s disproportionate impact on vulnerable community members, and alleviating the utility cost burden for low-income residents. COMMUNITY RESILIENCY GOALS AND RECOMMENDATIONS Goal 1. Increase knowledge and use of resources for underserved communities. 1. Coordinate to develop shared platforms and spaces for underserved communities to connect with resources and service providers and share information about meeting individual and community needs. Goal 2. Recognize and celebrate diversity among city staff and community at large. 1. Actively support events like Juneteenth, ADA Month, and Indigenous People’s Day and learning opportunities for the broader community on equity issues 2. Evaluate city employee engagement through an intersectional lens. engage.bozeman.net/belonging - 34 -383 COMMUNITY RESILIENCY Goal 3. Respond to the disproportionate impacts to vulnerable community members due to climate change and extreme weather. 1. Develop emergency preparedness programs that: a. Ensure multilingual communication and outreach during extreme weather events (cold, heat, flooding, smoke/fire) b. Develop policies for employers to mitigate impacts of extreme heat and wildfire smoke/poor air quality for people who work or live outside c. Establish guidance for safe, accessible, ADA compliant, and inclusive use of alternative facilities d. Identify ways to provide food access during supply chain disruptions 2. Work with partners to ensure investments in the urban tree canopy are equitably distributed across neighborhoods. Goal 4. Alleviate utility cost burden for low-income residents. 1. Support home energy efficient and weatherization for low-income residents through: ○ Assistance programs, rebates and incentives for upgrades and improvements ○ Installation of heat pump water heaters ○ Solar for All programs ○ Outreach about how to improve indoor air quality during wildfire smoke events 2. Incorporate water equity considerations into the city’s Water/Wastewater Rate Study and its implementation. Goal 5. Prioritize food access for low-income communities. 1. Work with partners to improve access to healthy local food and nutrition programs through the sharing and celebration of cultural and indigenous foods. engage.bozeman.net/belonging - 35 -384 Local government and major institutions prioritize safety, inclusion, and representation. Bozeman’s inclusive city review process began in 2020 in the context of national calls for action to address violence against Black, Indigenous, and People of Color (BIPOC) and the roles that the policies, training, and frameworks of local governments play in the same. During the 2023 equity and inclusion planning process, rebuilding of trust between city government, police, and marginalized groups was identified as an important ongoing process. The City realizes that equity and inclusion are not one-time projects but ongoing work to ensure that all can truly belong in Bozeman. As the City looks to continue embedding equity- and inclusion-based policies, practices, and programs into the fabric of its existence, this section of the plan elaborates how that will come about. This plan proposes a more equitable and inclusive City of Bozeman in the areas of community safety and civic health by creating an organizational structure to sustain and grow Belonging in Bozeman efforts, deepening engagement with underserved communities, addressing language barriers, ensuring city staff and law enforcement demographics reflect the city, elevating equity in decision-making processes and policy development, providing ongoing training, and promoting transparency and open communication between the City, Police Department, and community. COMMUNITY SAFETY + CIVIC HEALTH GOALS AND RECOMMENDATIONS Goal 1. Create organizational structure to sustain and grow Belonging in Bozeman efforts. 1. Create a new staff position, a dedicated budget, and an outline of how this position will fit and grow within the organization to advance the work of Belonging in Bozeman. 2. Retain interdepartmental Belonging in Bozeman committee with representation from City of Bozeman departments and update the committee charter. 3. Continue to convene external partners to implement the Belonging in Bozeman Plan. 4. Create a full time position to serve as ADA Coordinator. engage.bozeman.net/belonging - 36 -385 COMMUNITY SAFETY + CIVIC HEALTH Goal 2. Deepen engagement with underserved communities. 1. Identify funding, resources, and partners to develop a Civic Academy program to create a pipeline of talented, connected, and diverse staff, advisory board members, elected officials and non-profit leaders. 2. Evaluate and formalize the Community Liaison roles, for example: Hire a part-time Disability Community Liaison and a full-time Bozeman PD Community Liaison. 3. Establish a Community Engagement Compensation Policy that outlines ways in which community members who face barriers to participation may receive compensation for providing input on city initiatives. 4. Foster relationships with student organizations at MSU to reduce barriers to accessing community spaces and events. Goal 3. Address language barriers to local government services and public engagement processes. 1. Implement on-demand interpretation services and train frontline city staff in utilizing them. 2. Develop and implement a comprehensive Language Access Plan. 3. Consider multilingual learning opportunities (language classes/training) and benefits for multilingual staff (add-pay for multilingual staff in qualifying languages). Goal 4. Ensure city staff and law enforcement demographics reflect at minimum the demographics of the community. 1. Evaluate advertising and recruitment strategies to reach more diverse applicant pools. 2. Update City of Bozeman Hiring Practices Policy. 3. Continue to review minimum qualifications in Class Specifications. 4. Track the factors that contribute to employee turnover, candidate withdrawals, and rejections of offers. 5. Create a Second Chance Background Screening Process. engage.bozeman.net/belonging - 37 -386 COMMUNITY SAFETY + CIVIC HEALTH Goal 5. Elevate equity in city decision-making processes and policy development. 1. Develop an Equity Impacts decision-making tool and train elected officials, advisory board members, and staff in its use. 2. Establish a Disability/Accessibility Advisory Board that meets quarterly and as needed to provide guidance on accessibility and design of city facilities, policy, and programs. 3. Build staff capacity and resources needed to broaden communications and engagement in the city budget development process. 4. Neutralize gendered language in city policies and municipal code. Goal 6. Provide high-quality, ongoing, and relevant training to all city staff and decision-makers. 1. Establish a budget and menu of annual Governing for Racial Equity training for city staff (including elected officials and advisory board members; department directors and managers/supervisors). 2. Promote the exchange of knowledge between City of Bozeman staff, Bozeman PD, and local community leaders on topics such as: De-escalation, implicit bias, and bystander intervention; Mental Health First Aid; LGBTQ+ Everyday Allies; Know Your Rights; Disability awareness and etiquette training for first responders). Goal 7. Promote transparency, open communication, and responsiveness between the City, Police Department, and the community. 1. Develop standard procedures to ensure timely communications and response to address incidents of hate in the community. 2. Provide city staff and leadership with media training on the city’s community engagement framework and share learning opportunities with community partners. To view the full plan in workbook format, including priority level, organizational leads + partners, resources needed, metrics, and progress, please refer to Appendix B. engage.bozeman.net/belonging - 38 -387 Community Liaison Report Summaries As we stated when we began this planning project, the Equity Indicators Report found that not everyone has equal access to the opportunities or resources they need in order to thrive in Bozeman. This reflects a common theme in equity and inclusion assessments across the country: that different people may experience the same place in a profoundly different manner, especially when considering groups that are often marginalized, underrepresented, or under-resourced. People of all identities have been important participants in the civic life of Bozeman for hundreds of years. That has continued to be true for this process, and highlighted below are the perspectives of several communities within the larger Bozeman community. Community Liaisons were hired as paid city staff members for the duration of this project and played an instrumental role in bringing more voices from the community to this effort. Liaisons hosted and participated in community chats, amplified messages and engaged their networks in providing input, and incorporated their expertise and lived experience into crafting the goals and recommendations of the plan. Complete Community Liaison reports can be found at engage.bozeman.net/belonging. Jhenniffer Cifuentes is a healthcare professional in Bozeman whose years of experience have informed her focus on health & well-being recommendations of the plan. As a Community Liaison, Jhenniffer supported a bilingual Community Chat held with Spanish-speaking community members. Attendees shared their stories of working hard to support their families, build community, and learn English. Issues they face include employment discrimination, wage theft and lack of access to healthcare and reliable transportation. Jhenniffer then helped convene partner organizations in the health & well-being topic area to discuss how to elevate the need for more support and coordination across organizations to address issues like language access raised by the community. The results of her work are reflected in Health & Wellbeing recommendations under Goals #2 and #4. Kristen Newman is a local disability advocate and Certified ADA Coordinator who works as an ADA Accessibility Specialist with Ability Montana. Along with her Service Dog, Cricket, Kristen worked to understand existing gaps in policies and protocols at the City of Bozeman and organized and facilitated three Community Chats. She successfully worked on a mayoral proclamation to proclaim July as Americans with Disabilities Month in the City of Bozeman. Kristen advanced the input from the community by working with city staff to develop actionable steps such as increasing funding allocations to provide comparable service for Galavan paratransit, addressing winter mobility issues on sidewalks and at transit stops, deepening engagement with people with disabilities, and prioritizing public and private accessibility through development codes, advisory bodies, staff positions, and community outreach. Kristen’s efforts are woven into each of the topic areas of the plan. engage.bozeman.net/belonging - 39 -388 COMMUNITY LIAISON REPORTS Chace McNinch is a talented local entertainer who has performed as a musician across the country and was recently named “Montana’s Funniest Human Person” in a local comedy competition. Chace’s work in Bozeman connects her to many diverse communities in settings that allow tough topics to unfold in approachable settings. As a proud Bozeman resident and member of the LGBTQ+ community, Chace hosted a pop-up activity at the 2023 Bozeman Pride Stroll, organized and facilitated two Community Chats, and gathered input through one-on-one conversations on how to create a more inclusive city for LGBTQ+ residents. Voices from her engagement efforts emphasized the need for safe community gathering spaces to connect with others and learn about resources, recognize and support local businesses who are welcoming to all, foster opportunities and policies that build trust between local government, law enforcement, and marginalized communities, as well as invest in affordable housing solutions at the local and state level. The results of Chace’s efforts are reflected in the Housing, Community Resiliency, and Community Safety & Civic Health topic areas. Chace (right) hosting her community chat with members of Bozeman’s LGBTQ+ community. engage.bozeman.net/belonging - 40 -389 What’s Next The above section outlined the what of the Equity & Inclusion plan: the goals to realize the vision, and the recommendations to achieve the goals. Next comes the how and the who. The full plan, presented in an implementation workbook in Appendix B, includes categories that address organizational leads for each recommendation and partners who will collaborate, priority levels and corresponding timeline for completion, resources needed to undertake the recommendation, and metrics for tracking progress. This plan is a 3-5 year plan, which means it will be updated at least every five years as the contexts and needs of our community change. Each year, the City of Bozeman will provide an update to the public and the City Commission on the progress of implementing the plan. Community partners and lead organizations will help provide insight into their work to inform annual progress updates. You can stay in the know about how this work will unfold on the city’s website at engage.bozeman.net/belonging. engage.bozeman.net/belonging - 41 -390 Conclusion On February 3, 1881, John Anderson and Julia Harris, two early Black settlers of Bozeman, were married in Gallatin County. Both were born into slavery elsewhere and arrived in Bozeman by the early 1870s. Their marriage certificate notes that they were “join[ed] in lawful wedlock…with their mutual consent.” (source: Bozeman Magazine) With their mutual consent. Two formerly enslaved individuals found, in Bozeman, a place that valued and affirmed their personhood, a place where the government noted that their will as free people was essential to their union and their forward movement in their life together. Bozeman in 2023 is still a city that deeply values and affirms individual freedom and personhood. And, like the Anderson-Harris marriage, individuals in our city come together to create forward movement in their collective lives, with their mutual consent. With the commitment and mutual consent of Bozeman’s organizations, individuals, and government bodies, it is our deepest hope and aim that the vision outlined in this Equity and Inclusion Plan will become reality. engage.bozeman.net/belonging - 42 -391 Appendix A: References Bozeman As An Inclusive City: Review of Policies (2020). https://www.bozeman.net/home/showpublisheddocument/10779/638188783173930000 Equity Indicators Project (2021). https://www.bozeman.net/home/showpublisheddocument/11674/638213125785900000 Gallatin Valley Sensitive Lands Protection Plan. https://gallatinvalleyplan.bozeman.net/ “Best High Schools in Montana.” U.S. News and World Report. Accessed at https://www.usnews.com/education/best-high-schools/montana. Eavis, Victoria. “The plight of Bozeman’s homeless people.” Montana Free Press. Accessed at https://montanafreepress.org/2023/01/05/options-limited-for-bozemans-growing-homeless-popul ation/. Schontzler, Gail. “Bozeman women advanced standing of Black people in Montana.” The Philadelphia Tribune. Accessed at https://www.phillytrib.com/bozeman-women-advanced-standing-of-black-people-in-montana/artic le_3590e670-de4a-55c2-8af8-355ebc404ab8.html. Wolfe, Michelle. “How on earth do Bozeman area families afford preschool or daycare?” The Moose 94.7. Accessed at https://mooseradio.com/how-on-earth-do-bozeman-area-families-afford-preschool-or-daycare/. State of Montana. “Social Determinants of Health.” Montana.gov. Accessed at https://dphhs.mt.gov/publichealth/chronicdisease/SDOH/index. Montana State University. “Diversity at a Glance.” Montana.edu. Accessed at https://www.montana.edu/diversity/glance/index.html. Alegria, Crystal. “Bozeman’s Historic African American Community.” Bozeman Magazine. Accessed at https://bozemanmagazine.com/articles/2022/02/01/112993-bozemans-historic-african-american-c ommunity. Gallatin Association of Realtors. “2023 Gallatin Valley Housing Report.” Accessed at https://www.flipbookpdf.net/web/site/defdf32480f906ff3a8d2acfe17d0b1e9dd3aa22FBP24580780 .pdf.html. Anacker, Caelen. “25th Infantry Bicycle Corps (1896-97).” Blackpast.org. https://www.blackpast.org/african-american-history/25th-infantry-bicycle-corp-1896-97/ engage.bozeman.net/belonging - 43 -392 NBC Montana Staff. “Gallatin Co. voters strongly support urban transportation district.” NBC Montana. Accessed at https://nbcmontana.com/news/local/gallatin-co-voters-strongly-support-urban-transportation-dist rict. Montana Department of Labor and Industry. “2023 Montana Labor Day Report.” Mt.gov. Accessed at https://lmi.mt.gov/_docs/Publications/LMI-Pubs/Labor-Market-Publications/LDR20221.pdf FRED Economic Data. “Unemployment Rate in Gallatin County, Montana.” Federal Reserve Bank of St. Louis. Accessed at https://fred.stlouisfed.org/series/MTGALL1URN. engage.bozeman.net/belonging - 44 -393 1 engage.bozeman.net/belonging Appendix B Complete Belonging in Bozeman Plan Implementation Workbook TABLE OF CONTENTS HOUSING............................................................................................................................................... 2 TRANSPORTATION................................................................................................................................6 HEALTH & WELLBEING.........................................................................................................................9 EDUCATION.........................................................................................................................................11 CHILDCARE + YOUTH PROGRAMMING............................................................................................14 ECONOMIC SECURITY........................................................................................................................ 16 COMMUNITY RESILIENCY.................................................................................................................. 18 COMMUNITY SAFETY + CIVIC HEALTH.............................................................................................20 394 2 engage.bozeman.net/belonging HOUSING | Housing is available, affordable, accessible and safe. Goal 1. Develop a coordinated strategy to address homelessness in the Bozeman area RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Identify and prioritize Housing First approaches to #1 City of Bozeman, HRDC, Staff time, partner participation White paper/report Not yet started address housing instability and homelessness One Valley’s Regional Housing Coalition in HUD Consolidated Plan development published and incorporated into strategy to address homelessness 2. Support partner organizations by funding transitional and emergency housing initiatives and programs #2 City of Bozeman, HRDC, Family Promise, Haven City generals funds allocated via non-profit grant award process Dollars allocated each year to housing In-progress; Ongoing 3. Work with partners to leverage creative funding mechanisms, incentives, existing assets to increase long term affordable housing supply and housing preservation for people earning below 60% of AMI (Federal funding, LIHTC, TIF, Community Land Trusts, Community Housing Fund, land banking, city-owned land etc.) #1 HRDC, City of Bozeman, Headwaters Community Housing Trust, Family Promise, Haven, Local lenders, One Valley’s Regional Housing Coalition City staff support and collaboration on projects, grant opportunities, HUD Consolidated Plan development, political support from local, state officials Number of units produced for people earning below 60% AMI (MT data from NLIHC illustrates need at different income levels) In-progress; Ongoing Goal 2. Reduce displacement of residents who work and go to school in Bozeman but cannot afford to live in Bozeman RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Evaluate city employee housing cost burden and #2 City of Bozeman HR staff time/potential outside Report shared with City Not yet started consider options for employee housing assistance consultants to survey staff, propose options with cost estimates, examples from other communities and program implementation guidance Management 395 3 engage.bozeman.net/belonging 2. Convene local partners to explore the potential for co-operative housing models #3 City of Bozeman, NeighborWorks MT, HRDC, Bozeman Tenants United, local landlords, North Missoula Community Development Corporation Staff time, coordination meetings, align with equity and engagement priorities of HUD Consolidated Plan Create partner list, host partner meeting Not yet started 3. Strengthen coordination with MSU and partnerships with the Office of Off Campus Student Life, student housing developers and property management companies #3 City of Bozeman, MSU Office of Off Campus Student Life Staff time, support from organizational administration/leadership Create partner list, host partner meeting Not yet started Goal 3. Promote aging in place and universally accessible residential development RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Conduct an educational workshop for design, construction, and real estate professionals on universal design practices and adaptable dwellings within residential developments #3 Ability MT, City of Bozeman Funding for developing and implementing resources and workshops Host workshop, share materials and resources on city and partner websites Not yet started 2. Codify development incentives for design that enables aging in place and universal accessibility beyond the requirements of the building code, for example: A. Establish requirements for the number of adaptable units in developments that utilize city Community Housing Funds B. Amend division 38.430 of the UDC to include an option in the novel public benefits section to include universal design best practices and incentives for elevators in multistory buildings #2 City of Bozeman, Ability MT, AARP Livable Communities Staff time, potential consultant assistance, City Commission support, support from the development community, public Code amendment adopted Not yet started 396 4 engage.bozeman.net/belonging Goal 4. Increase community knowledge in housing issues RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Host workshops on the Montana Tenant Act and Fair Housing Act for landlords and tenants, becoming a Housing Choice Voucher Landlord, and Resident-owned community models #2 City of Bozeman, HRDC, Neighborworks MT, Montana Fair Housing 501c3, Bozeman Tenants United Staff time, coordination meetings to develop resources, workshop objectives, plan and host workshops Host up to 3 workshops on the different topics recommended Not yet started 2. Develop and distribute materials to support understanding of community housing approaches, programs, and terms such as: ● Area Median Income and how affordability in housing development is defined ● Housing subsidy and financing programs and terms such as LIHTC, TIF, deed restrictions, etc. ● Issues around local control, state legislation, and local incentive strategies – what can and can’t we do at the local level and why? ● Rental, mortgage, and down payment assistance programs ● Short term rental regulations ● Urban camping regulations ● Definition of homelessness (McKinney Vento, HUD) #3 City of Bozeman, HRDC, NeighborWorks MT, Montana Fair Housing 501c3, Bozeman Tenants United, One Valley’s Regional Housing Coalition Staff time, coordination meetings Share materials and resources on city and partner websites In-progress 397 5 engage.bozeman.net/belonging Goal 5. Support and defend local housing solutions at the state legislature RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Identify and pursue local and state revenue streams for the creation of affordable housing and housing assistance programs: ● Available to residents regardless of immigration status or english proficiency (local) ● Dedicated mills (local) ● Sales tax (state) ● Circuit breaker in the 70th MT Legislative session to target relief to homeowners on a fixed income and renters (state) ● Preserves the ability to use Tax Increment Financing as a tool for affordable housing (state) #1 City of Bozeman, HRDC, Bienvenidos a Gallatin Valley, Montana Housing Coalition, MT Infrastructure Coalition, MT League of Cities and Towns, state legislators, state-wide TIF administrators, Chamber of Commerce, One Valley’s Regional Housing Coalition Staff time, coordination meetings, funding for lobbying efforts Increase local and state funding sources for affordable housing creation and assistance programs In-progress 398 6 engage.bozeman.net/belonging TRANSPORTATION | A variety of transportation options exist to meet mobility needs. Goal 1. Expand reliable public transit and paratransit services, prioritizing winter accessibility RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Leverage new revenue streams to support increased frequency of fixed-route transit and paratransit service, for example: ● Paid on-street parking ● Future UTD ballot measure ● Federal grants #1 HRDC/Streamline and Galavan, City of Bozeman Political support from local and state officials, voter support, city and partner staff time and coordination for grant applications and administration Local ballot initiatives proposed/passed, Amount of new revenue sources, dollars allocated each year, increase in frequency of these services In-progress; Ongoing 2. Ensure that city funds contribute to comparable service of paratransit to fixed-route transit operations #1 City of Bozeman, HRDC/Streamline, UTD Board, MPO, ASMSU City and partner staff time and coordination Proportion of city funding dedicated to fixed route vs paratransit is increased and reported to support staff/operations/capital Not yet started 3. Develop standards and formalize processes for ensuring bus stops are well lit, comfortable, safe for women and girls, shaded from sun, and accessible to riders in the winter #2 City of Bozeman, HRDC/Streamline, UTD Board, MPO, ASMSU, CEDAW Task Force Staff time; Revisit MOU between city and HRDC that outlines responsibility to maintain bus stops (signage, snow removal, etc.) Creation of standards and of added capacity needed to adhere to standards and processes In-progress; Ongoing 4. Pilot a “Snow Angels” program to connect volunteers and people with disabilities, older adults who are unable to remove snow from their sidewalks #2 City of Bozeman; MSU Office of Student Engagement; Greek Organizations; County Community Service Workers program Staff time; Volunteers Pilot program implemented In-progress 5. Prioritize snow and ice removal at transit stops #1 City of Bozeman, HRDC Staff time to update MOU; Additional staff capacity to respond to calls and maintain locations; potential coordination with Snow Angels program MOU updated Not yet started 399 7 engage.bozeman.net/belonging Goal 2: Center the most vulnerable road users in transportation infrastructure design RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Develop and implement an Equity Impacts Tool to utilize in Transportation Planning and train staff, directors, and decision makers in this approach #2 City of Bozeman Staff time; training (eg: use Equity Impacts Tool to help prioritize major capital investments that require voter approval like the Bozeman Community Center, or are multi-year infrastructure investments like Fowler or Kagy Ave) Tool and training developed and piloted Not yet started 2. Mitigate implicit bias and enhance freedom of movement in transportation design and behavior, for example: A. Update the city’s Complete Streets Resolution with an equity component #3 City of Bozeman Staff time Complete Streets Resolution updated, integrated into new project/reconstruction processes and designs Not yet started 3. Retrofit of bicycle lanes to separate vehicles and bicyclists #2 City of Bozeman Staff time; Budget for technical assistance/ consulting may be needed; Included in process to develop bicycle master plan Bicycle Master Plan adopted, retrofits included in CIP Not yet started 4. Strengthen partnership with Gallatin County and Montana Department of Transportation for safety improvements on streets not within the City’s jurisdiction #2 City of Bozeman, MDT, Gallatin County, MPO, MT League of Cities and Towns City and partner staff time On-going meetings with Gallatin County and MDT In-progress; Ongoing 400 8 engage.bozeman.net/belonging 5. Leverage expertise of the disability community to educate design and building professionals on accessible community design, for example: A. Seasonal (summer/winter) inclusive interdisciplinary walking audits with members of the disability community, contractors, engineers, and others to assess for ADA compliance and foster co-design of built environment B. Develop a Sidewalk Audit process for city staff to implement C. Conduct parks accessibility audits and develop standards #2 City of Bozeman, Ability MT City and partner staff time and coordination; Budget for technical assistance/ consulting and implementation of design changes may be needed Development of Mobility, Sidewalk, and Accessibility Audit Tools, audit reports and evaluation process for design changes Not yet started Goal 3: Prioritize equity in parking management practices RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Develop a public outreach and education campaign about the proper use of accessible parking spaces and access aisles #1 Ability MT, City of Bozeman Staff to develop educational programming and tools, and coordinate public outreach Educational materials on City’s website Not yet started 2. Improve enforcement and responsiveness of PD/Parking Enforcement Officers when vehicles are parked unlawfully in accessible spaces, as per city ordinance #3 City of Bozeman Staff time and capacity to enforce and respond Increased amount of citations by PD/Parking Enforcement Officers for this issue Not yet started 3. Ensure accessible parking spaces are provided in areas where the city does not require the provision of on-site parking #2 City of Bozeman Staff time Adoption of process for review during development and retrofit of streets Not yet started 4. Use an Equity Impacts Tool to evaluate parking fines and fees, towing and impounding practices, and allocation of enforcement resources #2 City of Bozeman Staff time; training (eg: use Equity Impacts Tool to help evaluate areas with high amounts of parking citations, towing and impounding occurrences, audit of existing fines and fees for citations, and prioritize allocation of enforcement funds, staff, and other resources) Tool piloted by PD and Parking Division Not yet started 401 9 engage.bozeman.net/belonging HEALTH & WELLBEING | Healthcare services and health programs that address physical, mental, and sexual & reproductive wellbeing are available, accessible and inclusive. GOAL 1: Support continuing education for health professionals on working with underserved communities RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Provide opportunities for health professionals to participate in training on: ● Healthcare Allies training ● Disability identity, wellness, etiquette ● Working with LEP (Limited English Proficiency) patients #2 Bridgercare, Ability MT, MT Language Services, GCCHD, Clinic + hospital partners Coordination meetings to discuss scope/cost with potential trainers and organizations receiving training; training budget; staff time Number of trainings hosted by trainers; number of staff trained at various organizations In-progress 2. Increase access to mental health supports and #3 City of Bozeman, Gallatin Centralized directory of Directory of In-process, training for health professionals and first responders Behavioral Health Coalition (GBHC), local law enforcement, Clinic + hospital partners trainers/training is being developed by GBHC training budget; staff time, Employee Assistance Programs specific to mental health trainers/trainings created and shared across orgs, number of trainings hosted Ongoing GOAL 2: Increase coordination between health agencies to reduce barriers to healthcare services and programs RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Coordinate across organizations to centralize and #2 GBHC, Bienvenidos a Staff time; data sharing Number of organizations In-progress; share data to better characterize health disparities Gallatin Valley - MCC, agreements; coordination participating in data Ongoing and social needs in underserved communities Proyecto Salud, GCCHD, GBHC, HRDC, Clinics + hospitals meetings with GBHC, Help Center, Bienvenidos/MCC coordination efforts 2. Improve referral and case management processes #2 GCCHD, GBHC, Proyecto Coordination across Increased utilization of In-progress; across health care and social service providers to Salud, Bienvenidos a Gallatin organizations to utilize referral referral and case Ongoing connect patients/clients with community resources Valley, Clinics + hospitals, social service providers tools management tools 402 10 engage.bozeman.net/belonging GOAL 3: Support and implement proven health education and healthcare access efforts RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Expand the use of harm reduction approaches to treat substance use disorder #3 CHP, Clinics + hospitals, GCCHD, Help Center, GBHC Continuation of Medication- Assisted Treatment options, Naloxone distribution, Coordination with local law enforcement; alignment with GBHC’s Strategic Plan; State Opioid Response Program Info about harm reduction approaches posted on websites, 2-1-1 directory In-progress; Ongoing 2. Increase telehealth offerings and publicly available telehealth spaces for clients (e.g. private telehealth rooms in libraries and other community spaces) #3 Bozeman Public Library Staff time to develop and post info about flexible use of these spaces, Open Door at BPL Info posted at locations and on websites Not yet started 3. Support access to reproductive healthcare and comprehensive sexual education #1 Bridgercare, Proyecto Salud, CEDAW Task Force Collaboration across organizations, avenues for delivery of education/materials Additional avenues created for curriculum/materials Not yet started GOAL 4: Expand meaningful language access in clinical settings and in health promotion programs RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Provide on-demand interpretation in clinical and public health settings, train providers and professionals in its use, and translate signage and documents #1 Clinics + hospitals, GCCHD, MT Language Services Funding for tools and technology needed; training for staff Number of organizations publicizing language accessibility and effectively providing language access In-progress; Ongoing 2. Partner with organizations to reach underserved communities through mobile/pop-up health clinics and health education and promotion programs #1 Proyecto Salud, Clinics + hospitals, Bienvenidos a Gallatin Valley, Bridgercare, GCCHD, Cover Montana Staff time to participate/support Health Fairs, Community Health Worker programs, “Pop-up” clinics Number or organizations attending and supporting Health Fairs In-progress; Ongoing 403 11 engage.bozeman.net/belonging EDUCATION | Learning opportunities allow for full participation and foster growth and success. GOAL 1: Expand opportunities for multilingual learners of all ages RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Increase resources for multilingual education #2 BSD7 Potential grant funding New staff positions In-progress; Ongoing 2. Provide meaningful language access to school services, online, and print materials to provide LEP families with the information they need #1 BSD7, Thrive, MT Language Services Potential grant funding Materials are translated, professional interpretation is available In-progress; Ongoing 3. Partner with local educators, organizations, and employers to provide English learning opportunities for Spanish-speaking residents #1 World Language Initiative, Bozeman Adult Learning Center, Bozeman Public Library, Bienvenidos a Gallatin Valley, English Para Todos Classroom space, coordination meetings, continued grant funding Classes are held In-Progress, Ongoing GOAL 2: Increase recruitment and resources to support higher education for underserved communities RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Continue to foster professional development #2 MSU Event space, coordination Professional development In-progress, opportunities for educators that emphasize LGBTQ+ meetings courses are hosted, see Ongoing allyship, cultural humility, supporting students with progress in MSU’s annual disabilities, and inclusive learning environments Diversity Report 404 12 engage.bozeman.net/belonging 2. Support growth in resources for recruitment, retention, and graduation of American Indian & Alaska Native students at MSU #2 MSU’s American Indian/Alaska Native Student Success Services, Gear Up, Tribal colleges & universities Staff support AI/AN identifying student enrollment at MSU In-progress, Ongoing GOAL 3: Prioritize the creation of “cradle-to-career” educational systems by investing in sector-based strategies and career pathways RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Prioritize funding mechanisms to support early literacy interventions for 4-year olds, targeting families earning low-incomes, experiencing housing instability, or limited english proficiency #2 BSD7/Bozeman Reads, HRDC + Head Start, Preschools Additional funding to cover the costs of certification/ standards needed for the co-enrollment process with Head Start programs Increased literacy heading into Kindergarten In-progress; Ongoing 2. Continue to engage students in budget processes and strategic planning #2 BSD7, ASMSU Staff/Administration time, Engage students in the development of school budgets, and strategic planning Meeting is held or information is presented In-progress; Ongoing 3. Establish avenues for mentorship and shadowing for students at all levels who are exploring career paths in fields in which they are underrepresented (eg: women in the trades, BIPOC in executive leadership or local government) #1 City of Bozeman, MSU/Gallatin College, Chamber of Commerce Coordination meetings Mentor connections are established Not yet started 4. Target professional development in alternative energy technologies to existing contractors to grow their skills and experience #1 City of Bozeman, MSU/Gallatin College, SWMBIA, Chamber of Commerce Coordination meetings, networking meetings Enrollment from local contractors increases Not yet started 405 13 engage.bozeman.net/belonging 5. Increase opportunities for underserved youth in Junior Leadership Programs geared towards photonic, aviation, and manufacturing sectors #1 City of Bozeman, MSU/Gallatin College, 4-H, Chamber of Commerce Staff time, Coordination meetings Increased number of youth in leadership programs geared towards photonic, aviation, manufacturing sectors Not yet started GOAL 4: Increase wrap-around support and resources available to students experiencing homelessness RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Partner with local schools and universities to assess the needs of students experiencing homelessness and assist with support delivery #2 BSD7, MSU, HRDC + Blueprint, local and state McKinney Vento staff Staff time Available data is compiled, Report is shared Not yet started 2. Distribute materials to educators around the prevalence of homelessness, resources to support students and families, and the intersectionality of this issue #2 HRDC + Blueprint; BSD7, MSU Staff time Resources are distributed In-progress, Ongoing 3. Partner with educators and schools to build a coordinated strategy to address homelessness #1 City of Bozeman, BSD7, HRDC, MSU Staff time Meetings are held Not yet started 406 14 engage.bozeman.net/belonging CHILDCARE + YOUTH PROGRAMMING | Childcare and youth programs are high quality, affordable, and accessible. GOAL 1. Reduce barriers to out-of-school opportunities and programs for underserved children RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Evaluate and address barriers around participation in out-of-school programs, including transportation and cost #2 City of Bozeman, Eagle Mount, Bienvenidos a Gallatin Valley, YMCA, local sports clubs and camps Staff time, funding Increased participation in out-of-school programs from those who face barriers Not yet started 2. Support participation in city programs and activities for families with children with disabilities #2 City of Bozeman, Eagle Mount, Ability MT Staff time Increased participation by children w/ disabilities In-progress; Ongoing 3. Explore opportunities to integrate indigenous food systems, languages, and culture into summer and after school programs #1 City of Bozeman, YMCA, Native American Studies faculty, staff, students Staff time; coordination meetings Programs have indigenous elements embedded Not yet started GOAL 2: Increase capacity of after school and summer programs RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Perform an equity impact analysis of the city’s enrollment processes, level of subsidy, and scholarships for recreation programs and youth camps #1 City of Bozeman Staff time City has equity impact analysis report Not yet started 2. Establish and continue partnerships with governmental and non-profit organizations for free use of space access, subsidies, and other mechanisms to support youth programming within Gallatin Valley #1 Greater Gallatin United Way, YMCA, City of Bozeman, BYEP Staff time Space has little to no charge for partners Not yet started 407 15 engage.bozeman.net/belonging 3. Develop a quick response plan for providing childcare in the case of emergency school closure or other community emergency #1 City of Bozeman, YMCA, Greater Gallatin United Way, Gallatin County Emergency Management Staff time MOU/Plan is developed Not yet started GOAL 3: Increase subsidy for childcare programs and providers RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Lobby for additional local, state, and federal #1 City of Bozeman, Child Care Lobbyist, staff time, elected Representatives attend Not yet started funding/subsidy of quality childcare Connections, Early Childhood Community Council, Greater Gallatin United Way, state legislators official support and provide comment on bill hearings, write letters GOAL 4: Recruit, develop, and retain quality staff RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Support efforts to recruit multilingual and multicultural staff for recreational programming. #1 City of Bozeman Staff time Share job postings with Bienvenidos/MCC Not yet started 2. Implement a mentorship and training program for youth who want to work as future recreation/camp leaders #1 City of Bozeman, BSD7, YMCA, MSU Staff time Meetings are held Not yet started 3. Spotlight the value and contributions of child care and youth programming employees through a communications campaign #2 City of Bozeman, Child Care Connections Staff time Communications campaign runs Not yet started 408 16 engage.bozeman.net/belonging ECONOMIC SECURITY | A thriving economy offers readily available living-wage jobs and fair work environments. GOAL 1: Serve as a model for fostering fair and inclusive work environments RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Introduce a Minority and Women-Owned Business #2 City of Bozeman Staff time; guidance from SBA RFP criteria developed and Not yet started criteria into the city’s RFP scoring process on Disadvantaged Businesses and Women Owned Business programs included in RFP scoring template; guidance and info provided on city website 2. Bolster guidance and accountability measures for city vendors in adhering to: ●The city’s Non-Discrimination and Equal Pay requirements ●Federal labor law as it relates to fair treatment of workers #1 City of Bozeman, CEDAW Task Force Staff time Update equal pay/non-discrimination affirmation that vendors sign to include additional resources and information regarding equal pay best practices and City of Bozeman’s commitment to CEDAW on city website Not yet started 3. Continue to narrow the gender pay gap among city employees #1 City of Bozeman Staff time; policies outlined in Res. 4601 and Res. 5169 (Sec. 1.E) Annual pay equity report In-progress; Ongoing GOAL 2: Support and recognize inclusive businesses and employers RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Distribute guidance on being a fully accessible workplace/employer for people with disabilities #2 Ability MT, City of Bozeman; Downtown Bozeman Partnership; Staff time; coordination meetings Guidance available online, shared by lead orgs and City of Bozeman Not yet started 409 17 engage.bozeman.net/belonging One Valley Community Foundation 2. Develop an Inclusive Businesses Toolkit (LGBTQ+, Disability, BIPOC) and recognition program #2 City of Bozeman, Downtown Bozeman Partnership, Ability MT Staff time; coordination meetings Guidance available online, shared by lead orgs and City of Bozeman Not yet started GOAL 3: Expand access to city contracts and funding for local firms, businesses, and vendors RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Evaluate TIF funding eligibility criteria to: ●Target TIF benefits to communities that have been historically disadvantaged ●Prioritize the development or preservation of workforce housing ●Consciously and proactively work to reverse patterns of racial inequity in investment and development #3 City of Bozeman Staff time; Consultant support TIF criteria updated Not yet started 2. Provide training on how to apply for city contracts and become a city vendor, connect experienced city vendors with small business owners to subcontract and gain experience #3 City of Bozeman; Prospera Staff time; coordination meetings; additional budget to host trainings/hire trainers Guidance posted on city website; training hosted Not yet started GOAL 4: Support the growing Hispanic + Latino workforce to our economy and community RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Support the Montana Compact on Immigration #2 South North Nexus, Bienvenidos a Gallatin Valley Support from organizations across Gallatin Valley, to learn more, visit the website. Number of organizations supporting the compact In-progress; Ongoing 2. Partner with local financial institutions to provide access to banking and lending opportunities for Hispanic + Latino workers #2 Bienvenidos a Gallatin Valley; local banks and lenders Staff time; coordination meetings Resources developed for bank staff and immigrant workers Not yet started 410 18 engage.bozeman.net/belonging COMMUNITY RESILIENCY | Access to community spaces and resources fosters social connection, health, and resilience in a changing climate. GOAL 1: Increase knowledge and use of resources for underserved communities RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Coordinate to develop shared platforms and spaces for underserved communities to connect with resources and service providers, and share information about how to meet individual and community needs #1 Help Center, 2-1-1, City of Bozeman, Bienvenidos, Rainbow Collective, MTREP, MSU DISC, Thrive, Ability MT, CEDAW Task Force Staff time, coordination meetings A resource sharing platform is developed, implemented, and maintained between partner organizations In-progress, Ongoing GOAL 2: Recognize and celebrate diversity among city staff and community at large RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Actively support events like Juneteenth, ADA Month, and Indigenous People’s Day and learning opportunities for the broader community on equity issues #2 City of Bozeman, Gallatin County, Belonging in Big Sky, MSU DISC, Ability MT, CEDAW Task Force Staff time, coordination meetings, funding for event development and promotion Number of events supported, educational materials on City and partner organization websites In-progress; Ongoing 2. Evaluate city employee engagement through an intersectional lens #3 City of Bozeman HR staff have begun development of survey Survey complete and results are reported In-progress GOAL 3: Respond to the disproportionate impacts to vulnerable community members due to climate change and extreme weather RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Develop emergency preparedness programs that: A. Ensure multilingual communication and outreach during extreme weather events (cold, heat, flooding, smoke/fire) #2 City of Bozeman, Gallatin County Emergency Management, Southwest MT Community Organizations Active in Emergency and Risk Management staff position recommended in FY26 (Bozeman Fire), coordination meetings, budget request Developed emergency preparedness/response management plan Not yet started 411 19 engage.bozeman.net/belonging B. Develop policies for employers to mitigate impacts of extreme heat and wildfire smoke/poor air quality for people who work or live outside C. Establish guidance for safe, accessible, ADA compliant, and inclusive use of alternative facilities D. Identify ways to provide food access during supply chain disruptions Disaster (COAD), HRDC, BSD7, GCCHD 2. Work with partners to ensure investments in the urban tree canopy are equitably distributed across neighborhoods #2 City of Bozeman, Branch Out Bozeman initiative, local landscaping companies and nurseries Staff time, coordination meetings, budget for tree plantings Increased funding for tree plantings in low tree canopy areas In-progress; Ongoing GOAL 4: Alleviate utility cost burden for low-income residents RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Support home energy efficient and weatherization for low-income residents through: ●Assistance programs, rebates and incentives for upgrades and improvements ●Installation of heat pump water heaters ●Solar for All programs ●Outreach about how to improve indoor air quality during wildfire smoke events #1 City of Bozeman, HRDC, Gallatin College, MT DEQ, local and regional solar energy companies Staff time, coordination meetings, funding; HRDC’s weatherization program; Solar for All EPA grants Quantity of energy efficient upgrades and weatherization improvements, incentives created, training and outreach conducted, and educational materials available on City’s website and physical locations In-progress; Ongoing 2. Incorporate water equity considerations into the city’s Water/Wastewater Rate Study and its implementation #1 City of Bozeman Staff time, funding for consultation regarding water equity considerations Water equity considerations incorporated and implemented in Water/Wastewater Rate Study Not yet started GOAL 5: Prioritize food access for low-income communities RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Work with partners to improve access to healthy local food and nutrition programs through the sharing and celebration of cultural and indigenous foods. #2 City of Bozeman, HRDC, BSD7, MSU, local food producers and non-profits Staff time, coordination meetings, Library and HRDC’s MarketPlace Teaching Kitchen Events held and participation; resource information on City’s website and physical locations In-progress; Ongoing 412 20 engage.bozeman.net/belonging COMMUNITY SAFETY + CIVIC HEALTH | Local government and major institutions prioritize safety, inclusion, and representation. GOAL 1: Create organizational structure to sustain and grow Belonging in Bozeman efforts RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Create a new staff position, dedicated budget, and an outline of how this position will fit and grow within the organization to advance the work of Belonging in Bozeman #1 City of Bozeman Staff time, FY25 budget recommendation Staff position hired Not yet started 2. Retain interdepartmental Belonging in Bozeman committee with representation from City of Bozeman departments and update the committee charter #2 City of Bozeman Staff time Charter is updated Not yet started 3. Continue to convene external partners to implement Belonging in Bozeman Plan #1 City of Bozeman Staff time, coordination meetings Annual progress on recommendations reported Not yet started 4. Create a full time position to serve as ADA Coordinator #1 City of Bozeman Staff time, FY25 budget recommendation Staff position hired Not yet started GOAL 2: Deepen engagement with underserved communities RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Identify funding, resources, and partners to develop a Civic Academy program to create a pipeline of talented, connected, and diverse staff, advisory board members, elected officials and non-profit leaders #2 City of Bozeman, Forward Montana, MSU Extension’s Local Government Center Staff time; coordination meetings; potential grant funding Grant/funding options identified, and program proposal developed Not yet started 2. Evaluate and formalize the Community Liaison roles, for example: ● Hire a part-time Disability Community Liaison ● Hire a full-time Bozeman PD Community Liaison #1 City of Bozeman Staff time, recommendation in FY25-FY26 budget Community Liaison report, staff positions hired Not yet started 413 21 engage.bozeman.net/belonging 3. Establish a Community Engagement Compensation Policy that outlines ways in which community members who face barriers to participation may receive compensation for providing input on city initiatives #2 City of Bozeman Staff time, dedicated budget Compensation policy adopted Not yet started 4. Foster relationships with student organizations at MSU to reduce barriers to accessing community spaces and events #3 City of Bozeman; MSU DISC, Disabled Student’s Association Staff time; coordination meetings Community Engagement staff meets regularly with student leaders, DISC staff Not yet started GOAL 3: Address language barriers to local government services and public engagement processes RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Implement on-demand interpretation services and train frontline city staff in utilizing it #1 City of Bozeman Staff time; Training; Interdepartmental coordination Number of customer-facing department staff trained and utilizing on-demand interpretation tools In-progress, Ongoing 2. Develop and implement a comprehensive Language Access Plan #2 City of Bozeman Staff time; budget in FY25 Language Access Plan implemented Not yet started 3. Consider multilingual learning opportunities (language classes/training) and benefits for multilingual staff (add-pay for multilingual staff in qualifying languages) #3 City of Bozeman Staff time; Identify qualifying languages and potential cost Training implemented and policy proposed and implemented Not yet started GOAL 4: Ensure city staff and law enforcement reflect the diversity within our community RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Evaluate advertising and recruitment strategies to reach more diverse applicant pools #2 City of Bozeman Staff time Report details the efficacy of strategies used Not yet started 2. Update City of Bozeman Hiring Practices Policy #2 City of Bozeman Staff time Updated Hiring Practices Policy established In-progress; Ongoing 414 22 engage.bozeman.net/belonging 3. Continue to review minimum qualifications in Class Specifications #3 City of Bozeman Staff time Education and experience requirements reviewed In-progress; Ongoing 4. Track the factors that contribute to employee turnover, candidate withdrawals, rejection of offers #2 City of Bozeman Staff time Data is collected Not yet started 5. Create a Second Chance Background Screening Process #3 City of Bozeman Staff time Screening tool and protocol is developed and implemented Not yet started GOAL 5: Elevate equity in city decision making processes and policy development RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Develop an Equity Impacts decision making tool and train #1 City of Bozeman, Staff time; Coordination Tool developed, training Not yet started elected officials, advisory board members, and staff in its use Government Alliance on Race & Equity (GARE), CEDAW Task Force meetings with GARE staff; Training and resources shared with community partners conducted, Tool is piloted for key projects (Transportation Master Plan, Recreation program enrollment/subsidy) 2. Establish a Disability/Accessibility Advisory Board that meets quarterly and as needed to provide guidance on accessibility and inclusive design of city facilities, policy, and programs #3 City of Bozeman, Ability MT Staff time (ADA Coordinator position to act as staff Liaison) Board established Not yet started 3. Build staff capacity and resources needed to broaden communications and engagement in the city budget development process #3 City of Bozeman Staff time Community Engagement staff training, Community Engagement Plan developed in coordination with Finance + City Manager Not yet started 4. Neutralize gendered language in city policies and municipal code #3 City of Bozeman Staff time Ordinance passed In-progress GOAL 6: Provide high quality, ongoing, and relevant training to all city staff and decision makers 415 23 engage.bozeman.net/belonging RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Establish a budget and menu of annual Governing for Racial Equity training for city staff: ● Elected officials and advisory board members ● Department Directors and Managers/Supervisors ● All city staff #1 City of Bozeman Training budget request; staff time Number of people trained In-progress 2. Promote the exchange of knowledge between City of Bozeman staff, Bozeman PD, and local community leaders and advocacy groups with community members on topics like: ● De-escalation, implicit bias, and bystander intervention ● Mental Health First Aid ● LGBTQ+ Everyday Allies ● Know Your Rights ● Disability awareness and etiquette training for first responders #1 City of Bozeman; Bridgercare; Community Connections; MT Legal Services; Ability MT Staff time; Coordination with PD for training schedule and budget Number of trainings held for community members; Number of trainings held for staff Not yet started GOAL 7: Promote transparency, open communication, and responsiveness between the City, Police Department, and the community RECOMMENDATIONS Priority Lead Org + Partners Resources needed + notes Metric Progress 1. Develop standard procedures to ensure timely communications and response to address incidents of hate in the community #1 City of Bozeman Staff time; Coordination between Communications & Engagement Manager, PD, City Manager, City Commission Standard Operating Procedures developed In-progress; On-going 2. Provide city staff and leadership with media training and training on the city’s community engagement framework, share learning opportunities with community partners #2 City of Bozeman Staff time Staff trained Not yet started 416 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Resolution No. 5559 Accepting the Gallatin Valley Sensitive Lands Protection Plan. MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approval of Resolution No. 5559 Accepting the Gallatin Valley Sensitive Lands Protection Plan. STRATEGIC PLAN:6.6 Habitat: Work with partner organizations to identify at-risk, environmentally sensitive parcels contribute to water quality, wildlife corridors, and wildlife habitat. BACKGROUND:BACKGROUND: On July 12, 2022, the Bozeman City Commission was provided an introduction to the Gallatin Valley Sensitive Lands Protection Plan, followed by a Work Session on August 1, 2023 to solicit input on model results and preliminary recommendations. This initiative was first identified in the City's Strategic Plan which calls for working with partner organizations to identify at-risk, environmentally sensitive areas that contribute to water quality, wildlife corridors, and wildlife habitat, followed by Resolution 5368 establishing City Commission priorities for 2022-2023. The Gallatin Valley Sensitive Lands Protection Plan is a comprehensive study to evaluate habitat and corridors between urban and natural areas throughout the valley before critical opportunities are lost to development. Furthermore, the value of existing agricultural lands is considered as it relates to the overall economic, cultural, and environmental vitality of the region. Linkages and important wildlife habitat needed for all phases of species’ lifecycle have been inventoried and evaluated in an effort to identify critical corridors, including recommendations to protect sensitive lands in these areas. With support from a Working Group consisting of 14 partner organizations, extensive public engagement was conducted to determine a framework for the plan based on community values, followed by the compilation of authoritative data from multiple sources to develop an interactive map to 417 visualize model results based on four themes: 1) Wildlife & Biodiversity, 2) Connectivity, 3) Agricultural Heritage, 4) Water Quality and Quantity. A series of recommendations has also been developed to provide a wide range of policy and programs that will be considered by the City and its partnering agencies for further implementation. PUBLIC ENGAGEMENT: Opportunities for continuous and extensive public notice, review, comment and participation were provided throughout the development of the Gallatin Valley Sensitive Lands Protection Plan. A variety of methods were used as described in Chapter 1 of the Gallatin Valley Sensitive Lands Protection Plan including online and in-person, formal and informal opportunities for input. Timeline of specific meetings and actions taken : 07/12/22 – City Commission (introduction, contract approval) 09/16/22 – Working Group Meeting #1 (introduction) 12/01/22 – Statistically Valid Survey (3,500 property owners) 01/31/23 – Public Meeting #1 (data review & establishment of project vision) 01/31/23 – Working Group Meeting #2 (survey review & input on modeling methods) 03/08/23 – Sustainability Advisory Board (introduction) 03/28/23 – Gallatin County Commission (introduction) 04/04/23 – Working Group Meeting #3 (modeling results review & input on preliminary recommendations) 04/11/23 – Gallatin County Planning Coordination Committee (PCC) Presentation (introduction) 06/23/23 – Working Group Meeting #4 (preliminary recommendations and progress indicators review) 07/20/23 – Public Meeting #2 (model results & preliminary recommendations review) 08/01/23 – City Commission (model results & preliminary recommendations review) 08/07/23 – Community Development Board (introduction) 08/09/23 – Sustainability Advisory Board (model results & preliminary recommendations review) 09/07/23 – Gallatin County Commission “Workshop” (draft plan review) 09/12/23 – Gallatin County Planning Coordination Committee (PCC) Presentation (draft plan review) 09/18/23 – Working Group Meeting #5 (draft plan review) 09/19/23 – Public Meeting #3 (draft plan review) 11/08/23 – Sustainability Advisory Board (recommendation to City Commission) 11/14/23 – Gallatin County Planning Board (recommendation to Gallatin County Commission) 11/28/23 – Gallatin County Commission (resolution of intent) 418 12/04/23 – Community Development Board (recommendation to City Commission) 12/12/23 – Gallatin County Commission (resolution of adoption) 12/19/23 – City Commission (resolution of acceptance) COMPLIANCE WITH THE 2020 BOZEMAN COMMUNITY PLAN: The Gallatin Valley Sensitive Lands Protection Plan is an issue plan developed in compliance with Section 16 of the Montana Land Use Planning Act and in compliance with the Bozeman Community Plan 2020. Goal EPO-1.5 of the Bozeman Community Plan 2020 calls for working with partner organizations to identify and reduce impacts on at-risk, environmentally sensitive areas that contribute to water quality, wildlife corridors, or wildlife habitat, specifically wildlife habitat as we continue outward growth. Goal RC- 2.3 of the Bozeman Community Plan 2020 calls for identifying, mapping, and utilizing geographic information systems (GIS) data to locate and monitor developments on environmentally sensitive and hazard-prone areas along with non-profit and agency partners. ALIGNMENT WITH THE 2020 BOZEMAN CLIMATE PLAN: The Gallatin Valley Sensitive Lands Protection Plan helps accomplish many objectives in both the 2020 Bozeman Climate Plan and the 2019 Climate Vulnerability Assessment and Resiliency Strategy (see Appendix A of the Gallatin Valley Sensitive Lands Protection Plan, pages 113 - 115 for a complete list of relevant action items). This work also supports the Montana Climate Assessment, as a means to inform future policies, programs, and partnerships in a way that improves resiliency throughout the valley. ACCEPTANCE: The Sustainability Board held two Work Sessions on March 8, 2023 and August 9, 2023. On November 8, 2023, the Sustainability Board provided unanimous approval for forwarding a recommendation to the City Commission to accept the plan. The Community Development Board held one Work Session on August 7, 2023. On December 4, 2023, the Community Development Board provided unanimous approval for forwarding a recommendation to the City Commission to accept the plan with Resolution 2023-2 in compliance with the Montana Land Use Planning Act. On November 19, 2023, the Gallatin County Planning Board unanimously approved the Gallatin Valley Sensitive Lands Protection Plan as a revision to the Gallatin County Growth Policy, followed by a Resolution of Intent unanimously approved on November 28, 2023 by the Gallatin County Commission, and unanimous support of a Resolution of Adoption approved on December 12, 2023. Resolution 5559 contains key findings related to the acceptance of the 419 Gallatin Valley Sensitive Lands Protection Plan for consideration by the Bozeman City Commission. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:None. Attachments: Gallatin Valley Sensitive Lands Protection Plan.pdf Draft Plan - Online Public Comments.pdf Public Comment as of 20231204.pdf Community Development Board Resolution 2023-2.pdf City Commission Resolution 5559.pdf Report compiled on: December 7, 2023 420 ADOPTION DRAFT NOVEMBER 2023 421 GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN iiii To view an online summary and interactive maps presented in this Plan, visit the Project Website at: GALLATINVALLEYPLAN.BOZEMAN.NET 422 GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN iiiiii Letter from the Working Group Members For the past 12 months, Working Group members have been providing valuable time and resources towards the completion of the Sensitive Lands Study, Interactive Model map and Recommendations. We thank the city and county officials who took initiative to make this work happen, and Logan Simpson for their expertise throughout the project duration. We would like to note that the Recommendations highlighted in Section 4 are categorized based on our collective experience and expertise. We further look to the land use decision makers, officials, and planning staff who have more knowledge regarding the feasibility, sustainability, and legality of implementing these recommended tools. We hope these recommendations provide land use decision makers and the communities within Gallatin County with a sense of hope concerning the breadth of possibilities for balancing our growing county’s needs with protection of lands essential for water quality and quantity, abundant fish and wildlife, healthy soils and more. Tier 1 are recommended tools that we collectively agree are highest priority and most impactful in protection of sensitive lands, and are categorized by theme. Tier 2 tools, while beneficial, we believe are less impactful and included as additional tools. We believe the strength in this project lies with the coupling of the Sensitive Lands Model mapping tool, and Plan document detailing recommendations. The model helps guide us to where we need to focus our efforts, and the Tier 1 recommendations answer the question ofhowwe can best achieve our goal of protecting sensitive lands. As with many great projects, ensuring that there is capacity and processes in place to maintain the usefulness of tools is key. The mapping model has vast potential to be regularly updated sothat it accurately reflects priorities. We hope an adaptive management process will be implemented for updating the plan, recommended tools and model into the future. Time is of the essence. We urge the municipalities and the County to act quickly by developing action plans using the Tier 1 recommendations to protect our remaining sensitive lands, in partnership with landowners, agencies, Tribes, non-governmental organizations and others. Gallatin County is consistently noted as the fastest-growing county in Montana and one of the fastest growing in the West. The values survey conducted as part of this process notes that three out of four people in the Bozeman area believe that the rate of growth and development is too fast, and that people are deeply concerned about the impacts of growth on water quality and quantity, and wildlife. If we are to preserve these important values, as well as our quality of life and heritage, we must protect and connect our remaining sensitive lands. We must do so quickly before they are lost forever, as well as the treasured wildlife populations dependent upon those lands. We are fortunate to live in the Greater Yellowstone Ecosystem, one of the last nearly-intact temperate zone ecosystems in the world. It is our responsibility to ensure that it remains so, for future generations and for all of the species who together make up this very special and rich part of the world. Sincerely, Working Group Members 423 GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN EXECUTIVE SUMMARY The Sensitive Lands Protection Plan highlights sensitive lands identified through a robust GIS model and provides a menu of recommendations that can be used by agencies, non-profits, and landowners to protect the most sensitive resources. The Gallatin Valley is the Study Area for the analysis and plan recommendations. The Plan recognizes that natural resources, from water courses to wildlife movements, extend beyond the Study Area boundary. The mapping relied on existing authoritative data sources. The planning process was a collaborative effort between rural and urban residents, the City of Bozeman, and a Working Group of partners, including Gallatin County, other governing bodies, non-profits, and additional partners. Chapter 1: Our Planning Process presents the public outreach, GIS modeling processes, and introduces the Sensitive Lands themes. Chapter 3: Our Sensitive Lands summarizes data collection, modeling process, and the outputs of the sensitive lands models. Chapter 2: Our Community’s Sensitive Lands Values identifies common values across the Study Area based on the public outreach and recently adopted policies and plans. Chapter 4: Our Solutions lists recommendations to guide future implementation of sensitive lands conservation and management. EXECUTIVE SUMMARY 424 GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN EXECUTIVE SUMMARY GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN EXECUTIVE SUMMARY Collaboration and future action from willing agencies, partners, and constituents across the Valley is needed for successful Plan implementation. The recommendations build off the science that was used to develop the sensitive lands models. Most recommendations provide benefits to multiple themes which results in an increase in benefit for protecting sensitive lands. The recommendations include a consolidated menu of solutions that various organizations, agencies, and/or partners can choose from to see actual change on the ground and implementation in policy documents. The recommendations may be implemented at various scales from large landscape measures to site specific actions to provide flexibility. Implementation methods for recommendations include development code updates, education, funding opportunities, incentives, policies, and legislative initiatives. PROJECT GOALS • Secure the long-term ecological health of the region • Create a regional model that identifies sensitive lands for protection of clean water, wildlife connectivity, and productive agriculture • Recommend how to protect the most sensitive resources during unprecedented growth • Identify benefits and best practices for development in harmony with the natural environment • Facilitate dialogue between city, county, agencies, constituents, landowners, and developers Education is important initially, no matter the level of implementation. The recommendations are organized first by the primary recommendations provided by the Working Group. These Tier 1 recommendations were prioritized by the Working Group as having the greatest impact on the protection of sensitive lands. Tier 1 recommendations are further categorized into respective themes. Tier 2 provide additional recommendations that are or could be available. They are listed in alphabetical order. A handful of recommendations are identified as Tier 3, which need further evaluation on their impact to sensitive lands. Tier 1 recommendation themes include: Broad Scale Protections, Incentive Based Conservation for Individual Parcels, Subdivision and Housing, Implementation Capacity, and Water Quality measures. Community input was gathered throughout the project to shape the sensitive lands themes and values, inform data collection and model input, and shape recommendations. gallatinvalleyplan.bozeman.net served as the community engagement hub throughout this project. Find the model, fact sheets, engagement summaries, and the Plan online! The execution of each recommendation will include additional public outreach if action is taken by one of the many project partners. 425 GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN vivi Contents Acknowledgments .....................................................................................................................viii Land Acknowledgment ................................................................................................................x Chapter 1: Our Planning Process .................................................xii Introduction ..................................................................................................................................2 The Gallatin Valley Study Area .....................................................................................................4 How to Use This Plan ...................................................................................................................6 Community Engagement Process ................................................................................................7 Themes ........................................................................................................................................12 Process .......................................................................................................................................12 Chapter 2: Our Community’s Sensitive Lands Values ..................14 Why is This Plan Needed? .........................................................................................................16 Focusing Conservation Efforts ...................................................................................................18 Charting the Way for Open Space ..............................................................................................21 Guiding Plans .............................................................................................................................22 Values Summary .......................................................................................................................24 Gallatin Valley Statistically Valid Survey ....................................................................................25 Indigenous Connections to the Landscape ..............................................................................28 426 GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN viivii Chapter 3: Our Sensitive Lands ..................................................30 Sensitive Lands Themes ............................................................................................................32 Existing Sensitive Lands Models ...............................................................................................32 Data and Model Limitations .......................................................................................................39 Wildlife and Biodiversity ............................................................................................................40 Connectivity ..............................................................................................................................42 Agricultural Heritage ...................................................................................................................44 Water Quality and Quantity ........................................................................................................46 Overlays .....................................................................................................................................48 Development Pressures ............................................................................................................49 Development Constraints ..........................................................................................................54 Chapter 4: Our Solutions ...........................................................56 Introduction ................................................................................................................................58 Recommendations ....................................................................................................................58 Implementation ..........................................................................................................................96 A Living Plan ..............................................................................................................................102 Appendices ...............................................................................105 Appendix A: Literature, Policy, and Case Study Review ..........................................................106 Appendix B: Statistically Valid Survey Report ..........................................................................132 Appendix C: Detailed Data Summary and Model Design Process .........................................162 427 GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN viiiviii Acknowledgments Working Group Members 2© 2015 City of Bozeman. All Rights Reserved. City of Bozeman Identity Guidelines The City of Bozeman brand identity — the most recognizable visual brand element — should be featured prominently in all communications. Use only the authorized electronic artwork provided. No version of the brand identity may be altered in any way. Blue / Green (Preferred) Blue Pantone: 285 U CMYK: 72 - 45 - 0 - 0 RGB: 109 - 11 - 113 HEX# 6D6 Green Pantone: 382 U CMYK: 46 - 4 - 100 - 0 RGB: 152 - 194 - 31 HEX# 98C21F Black (Alternative when color is unavailable) Pantone: Black CMYK: 0 - 0 - 0 - 100 RGB: 0,0,0 HEX# 000000 White (Reversed on background) Pantone: White CMYK: 0,0,0,0 RGB: 255,255,255 HEX# ffffff BRAND IDENTITY MANAGEMENT Brand Identity Color Options Contact us Canada Unit 200, 1350 Railway Avenue Canmore, AB T1W 1P6 United States P.O. Box 157 Bozeman, MT 59771-0157 TEL 403-609-2666 FAX 403-609-2667 TOLL-FREE 1-800-966-7920 EMAIL info@y2y.net Y2Y.NET “ Water, my specialty, is perhaps the best index of what is happening, the canary in Earth’s coal mine. It will be up to your generation to enhance this knowledge and use what you learn to protect the planet on which we and other species depend.” DR. DAVID SCHINDLER, ecologist celebrated for his efforts to protect fresh water resources in Canada and beyond Copyright 2022 Yellowstone to Yukon Conservation Initiative. All rights reserved. Design and layout by: Emily Morton and Sarah Nason, Wapiti Design Studio Copy by Katrina Bellefeuille, Claire Jarrold, Brittney Le Blanc and Kelly Zenkewich Proofing by: Kelly Zenkewich Cover photo: Black bear cub in Grant Teton National Park by National Park Service/Adams 428 GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN ixix Special Thanks! In addition to the Working Group, our sincere appreciation and special thanks go to all community members for their commitment to articulating our values, helping collect data, and refining the recommendations. Project Management Team The project was facilitated by the City of Bozeman with a dedicated Project Management Team. City of Bozeman •Jeff Mihelich, City Manager •Jon Henderson, Strategic Services Director •Gail Jorgenson, GIS Program Manager, GIS and Asset Management Division •Ali Chipouras, Sustainability Specialist, Sustainability Division •Dani Hess, Community Engagement Coordinator, Communications & Engagement Division •Takami Clark, Communications & Engagement Manager, Communications & Engagement Division •Mayor Cyndy Andrus •Deputy Mayor Terry Cunningham •I-Ho Pomeroy, City Commissioner •Jennifer Madgic, City Commissioner •Christopher Coburn, City Commissioner •Urban Parks & Forestry Citizen Advisory Board •Sustainability Citizen Advisory Board •Community Development Citizen Advisory Board Additionally, staff from the Parks and Recreation Department, the Community Development Department, and the Public Works Department were involved in the Plan review. Logan Simpson •Jeremy Call •Kristina Kachur Webb •Ben Oesterling •Aly Winchell •Melissa Ruth •Breece Robertson (Contractor) Gallatin County •Jennifer Boyer, Commissioner •Zach Brown, Commissioner •Scott MacFarlane, Commissioner •Whitney Bermes, Gallatin County Communications Coordinator •Sean O’Callaghan, Chief Planning Officer, Open Lands Coordinator •Garrett McAllister, Senior Long Range Planner •Christopher Scott, Senior Planner 429 GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN xx Land Acknowledgment We respect the lands we share with all living beings and systems – the plant world, the crawlers, swimmers, fliers, four legged, and two legged. We recognize the Indigenous peoples whose homelands, villages, and traditional use areas make up the study area of this project and who have lived on and cared for this land since time immemorial. We give thanks for their stewardship of this land throughout the generations and honor their ongoing connection and reciprocity with these sensitive lands in the past, present, and future. We recognize that threats to sensitive lands we identify in this plan are rooted in historic practices of forced displacement, cultural erasure, violence, and destruction of the food systems and lifeways of Indigenous people. We pledge to work towards reconciliation and building stronger relationships with Indigenous peoples based on mutual understanding and respect to protect and manage sensitive lands. Among the Indigenous nations of this region are the Séliš (Bitterroot Salish), Qlispé (Pend d’Orreille), Ktunaxa (Kootenai), Pikuni (Blackfeet), Tsistsis’tas (Northern Cheyenne), Apsáalooke (Crow), Anishinaabe (Chippewa), Nehiyawak (Cree), Metis, Nakoda (Assiniboine), A’aninin (Gros Ventre), Dakota, Lakota, and other Indigenous nations of the region. WHAT IS A LAND ACKNOWLEDGMENT? As this plan was developed the planning team met with several Indigenous knowledge- holders that have advised and consulted with us to develop a land acknowledgment as a first step in integrating Indigenous perspectives and ways of knowing into this work. It is important to recognize the history of the Gallatin Valley from an Indigenous perspective as traditional stewards of the land. For more tips on developing land acknowledgments, check out Recommendation 2.3 and this Guide to Land Acknowledgments. 430 GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN xixi431 Chapter 1 Chapter 1: 432 Insert Photo background Our Sensitive Lands Our Planning Process 433 ChAPTER 1: OUR PLANNING PROCESS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 22 Introduction The Gallatin Valley Sensitive Lands Protection Plan (the Plan) came together through the work of many contributors, from gathering data from multiple sources to networking with partners and constituent to providing input on sensitive lands themes, model critieria, and soultion-oriented recommendations. The Plan articulates and attempts to resolve strategic choices necessary to “Connect our Landscape, Heritage, and Future on Common Ground,” including conserving sensitive lands, balancing property rights; maintaining agricultural lands and industry; securing climate resiliency; managing tourist population and access; guiding development pressures; maintaining affordable housing; and funding stewardship and restoration across the Valley long-term. This Plan is a science-based, politically-supported, and community-based approach that helps to meet the long-term conservation-development vision of the greater Gallatin Valley community. The visioning, resource mapping and modeling, and implementation relied on an interagency, consensus-based approach. The planning process was a collaborative effort between a Working Group of partners including the City of Bozeman, Gallatin County, non-profits, and other partners. As described throughout this document, collaboration and future action from agencies, partners, and constituents throughout the Valley will be crucial for successful Plan implementation. Gallatin Valley is an inspiring landscape rich in human and natural history, home to abundant wildlife, and supporting world-class outdoor recreation opportunities. Outside of the City of Bozeman, Belgrade and the Valley’s smaller communities is largely a working agricultural landscape that provides critical habitat and movement corridors. Many of these special places are “Sensitive Lands,” or lands that are susceptible to negative impacts from the built environment and its residents that are necessary to support a healthy environment and public wellbeing. This Plan includes a comprehensive model to quantify habitat and corridors between urban and natural areas throughout the Valley while also considering the value of working agricultural lands and other sensitive lands. Results of the modeling informed the list recommendations to guide decisions about land use and management in the Gallatin Valley. The Sensitive Lands Protection Plan highlights sensitive lands identified through a robust GIS model, makes intangible values and natural assets more tangible, and recommends how to protect the most sensitive resources. Together we can enjoy the benefits of best practices of growing in harmony with the natural and agricultural environment. PROJECT GOALS • Secure the long-term ecological health of the region • Create a regional model that identifies sensitive lands for protection of clean water, wildlife connectivity, and productive agriculture • Recommend how to protect the most sensitive resources during unprecedented growth • Identify benefits and best practices for development in harmony with the natural environment • Facilitate dialogue between city, county, agencies, constituents, landowners, and developers 434 ChAPTER 1: OUR PLANNING PROCESS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 33 This Sensitive Lands Protection Plan provides a road map to how we can manage growth while conserving finite natural resources in the Gallatin Valley. Residents of the Gallatin Valley are dedicated to securing the long-term ecological health of the entire region. A strong connection between clean water, abundant wildlife, productive agriculture, and cultural heritage has supported a high quality of life for generations. As the area continues to experience unprecedented growth, a regional approach to protecting sensitive lands can help conserve high-quality habitat into the future. The Sensitive Lands Protection Plan is needed to define a unified vision, map critical resources, leverage common goals, and create support for future policy development, public education, funding, and implementation. WHAT ARE SENSITIVE LANDS? Sensitive lands include lands that are susceptible to negative impacts from the built environment and its residents that are necessary to support a healthy environment and public wellbeing. This planning effort respects and does not infringe upon any valid and existing private property right nor change regulations affecting private property. It also does not identify areas for land acquisition but rather identifies recommendations for future conservation, protection, and management of sensitive lands in cooperation with willing landowners and partners. 435 ChAPTER 1: OUR PLANNING PROCESS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 44 The Gallatin Valley Study Area This project focuses on the Gallatin Valley. The circular boundary is not a hard line, but a way to focus the analysis and discussion of plan recommendations. The Plan recognizes that natural resources, from water courses to wildlife movements, extend beyond the Study Area boundary which is helpful to understand the context of sensitive lands. While the Study Area shows small areas of neighboring counties, in some cases data is more complete for Gallatin County alone. As a result, the sensitive lands mapping is more accurate and applicable to Gallatin County. The study relied on existing authoritative data sources and no field data was collected during the study. Detailed study of specific species or areas of interest were beyond the scope of this project. While neighboring counties are shown, the recommendations in this report by no means directs, requires, or legally binds any agency to action. However, this Plan should be used as a reference document by any agency or organization as they see fit. 436 ChAPTER 1: OUR PLANNING PROCESS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 55437 ChAPTER 1: OUR PLANNING PROCESS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 66 How to Use This Plan Chapter 1: Our Planning Process presents the public outreach, GIS modeling processes, and introduces the Sensitive Lands themes. Chapter 2: Our Community’s Sensitive Lands Values identifies common values across the Study Area based on results from the public and constituent outreach and recommendations of recently adopted policies and plans. Chapter 4: Our Solutions lists recommendations for development code updates, education, funding opportunities, incentives, policies, and legislative initiatives to guide future implementation of sensitive lands conservation and management. Chapter 3: Our Sensitive Lands summarizes data collection, modeling process, and the outputs of the sensitive lands models. 438 ChAPTER 1: OUR PLANNING PROCESS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 77 Community Engagement Process The Sensitive Lands Protection Plan is grounded in the values expressed by community members in the Gallatin Valley. The process to develop the plan included many ways for the community to weigh in, including visits to high school and university classrooms, meeting with landowners and experts in many different fields, engaging Indigenous knowledge- holders, and surveying residents across the study area in person and online. Community input helped define the values and priorities that shaped the sensitive land themes, identify data that informed the model, and refine the recommendations. A deliberate and sustained effort helped the community fully understand and identify needs and solutions. The engagement process involved six stages. Throughout the process the project website was used to communicate project updates, gather feedback, and share interactive maps that allowed the community to learn more about sensitive lands across the Valley. PLANNING AND ENGAGEMENT PROCESS 439 ChAPTER 1: OUR PLANNING PROCESS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 88 Community Engagement Goals The City’s Engage Bozeman framework helped ensure community input was centered in plan development. Given the wide reaches of the study area, “community input” includes that of residents, landowners, organizations, staff, and agency officials from across the Gallatin Valley. With this approach, we sought to:1. Consult the community to gather information on stressors to our existing sensitive lands, prioritize categories of sensitive lands, and values that should be reflected in the vision and goals. 2. Involve the Sensitive Lands Working Group who helped shape this effort from the beginning and were instrumental in establishing criteria, developing and evaluating alternatives, and developing recommendations. 3. Represent the entire community, including a range of interests through outreach with key constituents and the general public. 4. Inform the community on the initiative and input opportunities. The process acomplished these goals, though achieving full representation was challenging. Indigenous and agricultural perspectives are still underrepresented and the partners are committed to addressing these gaps during implementation. Sensitive Lands Working Group The Working Group of technical experts with diverse interests guided the plan development. The role of the Working Group was to provide guidance on the sensitive lands methodology, approve model inputs, review and interpret model results, and be a sounding board for plan recommendations. As a team, they combined their individual expertise to work towards a common goal and extended outreach to their community constituents. The Project Management Core Team facilitated regular meetings with the Working Group, including workshops where experts took a deep dive into specific topics. Additional input was received from the City of Bozeman Sustainability Board, Urban Parks & Forestry Board, and the Community Development Board, as well as the Gallatin County Commission and the Planning Coordination Committee throughout the planning process. Public Outreach Tools The public provided feedback to the Working Group and staff through an in-depth Valley-wide survey and multiple public events hosted in different locations within the study area. We leveraged county-wide communications tools such as newsletters, print and digital news media, social media, and direct mail. Combined results are presented in Chapter 2, Our Community’s Sensitive Lands Values. 440 ChAPTER 1: OUR PLANNING PROCESS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 99 Residency Residency Tenure Age Statistically Valid Valley-wide Survey •Distributed to a sample 3,500 homeowners in the Study Area •590 total responses. Characteristics of survey respondents are presented below. Goals •Learn about residents’ values from across the study area See Appendix B: Statistical Valid Survey Report for complete results and information Constituent Interviews •We gratefully acknowledge many individuals and groups who are invested in improving sensitive lands outcomes in Gallatin Valley. The organizations and individuals listed below were interviewed early in the process to provide the team input on Gallatin Valley’s history, best available GIS data, research reports, and helped articulate public interests. PROJECT CONSTITUENTS • Association of Gallatin Agricultural Irrigators • Bozeman Community Development and Parks and Recreation Department • Bren School of Environmental Science & Management at the University of California, Santa Barbara. • Buffalo Nations Food System Initiative • Center for Large Landscape Conservation • Conservation District Supervisor/aquatic consultant • Future West • Gallatin County Board of Commissioners • Gallatin County Open Lands • Indigenous knowledge-holders • Landowners • Montana Department of Revenue • Montana Land Reliance • Montana Natural Heritage Program • Montana State Library • Montana State University – Ecology, Land Resources and Environmental Sciences, Earth Sciences, Health and Human Development • Native Nexus • The Nature Conservancy • U.S. Geological Survey • University of Montana’s Spatial Analysis Lab 441 ChAPTER 1: OUR PLANNING PROCESS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 1010 Meeting #1 (January 2023, Belgrade) •70 attendees •Comments submitted via online tool Goals •Inform the broader public of the Plan and planning process •Communicate the need for change •Confirm vision and values •Enlist participation in providing input throughout the project and adding priorities to shape the model data •Share next steps 442 ChAPTER 1: OUR PLANNING PROCESS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 1111 Meeting #2 (July 2023, Bozeman) •52 attendees •19 commenters on the questionnaire Goals •Share Sensitive Lands Mapping Results •Gather input on potential recommendations Meeting #3 (October 2023, Four Corners) •27 attendees •14 commenters on draft plan •108 total comments Goals •Premier the Draft Plan for the Public GALLATINVALLEYPLAN.BOZEMAN.NETPREMIERES OCTOBER 16 STARRING GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLANPUBLIC DRAFT DEBUT PARTY: Thursday, October 19, 2023 at 5:30pm Monforton Elementary School 6001 Monforton School Rd, Bozeman 443 ChAPTER 1: OUR PLANNING PROCESS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 1212 Themes Sensitive lands can be defined in several ways. Four broad themes were identified early in the process, based off previous planning efforts (as identified in Chapter 2), current issues related to protecting sensitive lands in the area, Working Group visioning, and community input. These themes shaped the mapping model and protection recommendations. As evident in the model results in Chapter 3, there is overlap and symbiosis between each of the four themes: biodiversity relies on water quality and connected landscapes, and agricultural heritage integrates waterways such as ditches, for example. The themes are briefly described here with additional details, including the data inputs and model outcomes, presented in Chapter 3. Wildlife & Biodiversity: Sensitive lands provide habitat for wildlife and biodiversity that are essential for preserving the Greater Yellowstone Ecosystem (GYE). Wildlife relies on the Gallatin Valley for food, shelter, reproduction, and critical winter range. All plants and wildlife, especially keystone species, require healthy and cohesive habitats on these lands. Agricultural Heritage: Agricultural lands are critical for supporting food and livestock production, which plays an important role in the Gallatin Valley’s agricultural heritage and in supporting a robust local food economy. Working farmlands and ranches provide scenic views, community separation, and openness that help maintain the unique sense of place. Agricultural lands provide ecosystem services, wildlife habitat, and migration pathways, especially to wintering big game. Connectivity: Connected and protected linkages between the mountains, foothills, and plains facilitate vital ecological interactions and allow for wildlife movement to food, shelter, reproduction, clean water, and critical winter ranges. Water Quality and Quantity: Water systems underly all other themes because natural water features (wetlands, riparian areas, lakes, streams, and rivers) provide critical habitat, clean drinking water, and connectivity for aquatic species and wildlife populations. Irrigation infrastructure also provides value to the land in the form of water delivery for working farms and ranches and groundwater recharge that supports the health of the entire ecosystem. Process The Sensitive Lands Protection Plan used a community- based, data-driven process to identify sensitive lands values, map critical resources related to those values, and then develop recommendations to assist local governments and their citizens, non-profits, and even state and federal governments to achieve shared goals for conservation. Future recommendations and responsibility of implementation will be shared with all regional partners. Geographic Information System (GIS) modeling was used to identify sensitive lands for each of the four themes. These models can be used by anyone – public or private – through an interactive online platform to inform other planning processes as well. 444 ChAPTER 1: OUR PLANNING PROCESS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 1313 What is Modeling? Geographic Information System (GIS) is a software used to model and visualize geospatial data. Four models were created with GIS through a suitability analysis– one for each of the sensitive lands themes. Each model combines various data layers, reclassifies values, and defines weights for sensitive lands criteria. A common scale was defined by reclassifying relevant data attributes, in which high or low values highlight more or less important features for sensitive lands. The scoring for sensitivity was then mapped to help visualize critical areas. Additional details on the modeling development, inputs, and outcomes are outlined in Chapter 3. Chapter 5: The Power of Where 74 Anatomy of an overlay analysis Example of a GIS suitability analysis. Additional detail on the following pages identifies the specific layers used for each sensitive lands model. 445 Chapter 2: 446 Our Community’s Sensitive Lands Values 447 ChAPTER 2: OUR COMMUNITY’S SENSITIVE LANDS VALUES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 1616 Why is This Plan Needed? Significant efforts have been made by many agencies, businesses, and individuals to cultivate and maintain outdoor lifestyles, strong environmental ethics, and economic development in Gallatin County. On the heels of the Gallatin County, Bozeman, Manhattan, and Three Forks growth policies, which underscored public concern for conserving wildlife and wildlife habitat, now is a critical time to assess and proactively protect the values that long- term residents and newcomers cherish. The Gallatin Valley is facing unprecedented growth in population, skyrocketing housing prices, and expanding tourism. Recreation demand is seemingly infinite, limited only by the supply of publicly accessible areas and the tolerance of crowded outdoor experiences. This growth has mobilized support for preservation of wildlife corridors and working agriculture, mitigating conflict between vehicular traffic and wildlife, siting and designing recreational facilities with wildlife in mind, and protection of scenic views. It is clear that continuing the current course will result in significant habitat fragmentation, displacement of wildlife, and loss of quality of life - ultimately diminishing the sense of place that makes the Gallatin Valley a distinct and valuable landscape. There are multiple reasons why accepting the status quo or “doing nothing” is unacceptable and conserving sensitive lands for their intrinsic value, as well as future generations, is imperative now: •Our reliance on the Greater Yellowstone Ecosystem’s multiple services: The health of all plant, animal, and human inhabitants of the Valley relies on a resilient, connected, and intact ecosystem for clean water, local food and pollination, and quality of life. Access to these landscapes provides benefits to many, including physical, cultural, and emotional wellbeing, outdoor recreation, and connection with the land and water that sustains our communities and economy. A plan is needed to help balance recreation, conservation, development, and housing affordability as the community grows. •Shaping the future of Greater Yellowstone: The Greater Yellowstone Ecosystem (GYE) is one of the largest nearly intact temperate-zone ecosystems in the world. Much of the Gallatin Valley is undeveloped or agricultural lands which provide habitat and movement corridors essential to GYE needs. Scientific studies of the GYE have reinforced that the environmental processes supporting biodiversity and wildness require habitat connectivity corridors for species migration and dispersal. Additionally, these processes require a range of habitats that can be resistant and resilient to large-scale disturbance such as fire, insects and disease, invasive species, drought, or floods, events likely to be exacerbated by climate change. The GYE is one of the only areas in the world that continues to have the biodiversity and ecological integrity that is important for preventing the extinction of species on the planet. “This plan is needed around here before it all disappears.” -Survey Respondent Gallatin County is the fastest growing county in Montana - 20% faster than the next fastest growing county.Study Area 448 ChAPTER 2: OUR COMMUNITY’S SENSITIVE LANDS VALUES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 1717 •Wildlife knows no boundaries: Wildlife relies on habitat and migration corridors throughout the Gallatin Valley for food, shelter, reproduction, and critical winter range. Their survival depends upon the region’s continued ecological integrity. •Unprecedented growth: Land development and recreation demand are at unprecedented levels and Gallatin County is the fastest-growing county in Montana. Population growth continues to increase with 71% population growth in the last 20 years, over 20% more than the next fastest growing counties in Montana (Gallatin County Growth Policy 2023). Additionally, part-time residents and tourist accommodations have added to the changing landscape. •Rocketing recreation: The COVID-19 pandemic further accelerated demand for healthy lifestyles, mental health, and time in nature. Recreation has intensified throughout the year and summer and winter tourism peaks have continued to grow. Recreation trends now include activities around the clock, such as night running and climbing. There is also a noticeable increase in off-leash dogs on public lands which contribute to wildlife disturbance along with new technologies such as drones. Montana’s outdoor recreation economy contributed 4.4% of the state’s GDP, the second highest outdoor recreation contribution of any state across the U.S. (Bureau of Economic Analysis). •No unified regional plan: Development decisions are isolated from one another and often conflict with the big game migration, land conservation and restoration efforts of other agencies and non-profits. A consolidated regional planning approach provides local governments and partners with resources and direction that they otherwise do not have. •Innovative tools: We can learn from science, as well as the hard lessons learned from the Salt Lake Valley, Colorado Springs, and many other metro areas where big game migrations no longer occur due to human development and associated activities, to develop more impactful strategies for conservation. •Current development patterns: Sprawl and large lot rural developments increase the cost of community services (emergency services, streets, water/wastewater, etc.), impacts noise and air pollution, and consume greater portions of the landscape per house. From 1970-2018, 95,680 acres were converted to housing in Gallatin County. Since 1990, 34% of homes built in Gallatin County have been on large lots of more than 10 acres (Headwaters Economics). •Conservation is changing: Today there are more opportunities, support, science, and funding to conserve landscapes for recreation and community health closer to home, as well as for wildlife movement and food production. Providing for access that is equitable and inclusive is at the forefront of many conservation efforts. •Available funding: Federal, state, and local dollars are available like never before to chart an equitable and resilient future together. Montana’s outdoor recreation GDP contribution is the 2nd highest in the U.S. 1 in 3 homes built in the last 30 years have been on lots greater than 10 acres. Source: Gallatin County. Note this map only includes data tracked by Gallatin County and does not depict new structures within city limits. 449 ChAPTER 2: OUR COMMUNITY’S SENSITIVE LANDS VALUES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 1818 Focusing Conservation Efforts Of the 1,685,617 acres of land in Gallatin County, 53% is in private ownership. The Study Area includes more than 349,000 acres of managed public lands. Of the 886,074 acres of private land in Gallatin County, nearly 130,000 acres are placed under voluntary conservation easement. Therefore, the focus of this plan is the remaining unconserved lands throughout the Gallatin Valley – both private and public. The focus of this plan is on the remaining unconserved lands throughout the Gallatin Valley. 450 ChAPTER 2: OUR COMMUNITY’S SENSITIVE LANDS VALUES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 1919 Water is necessary to support “beneficial uses,” including fish and wildlife habitat, drinking water, recreation, and irrigation. Water’s ability to provide these beneficial uses is based on how the water moves through our watershed. Therefore, we value sensitive lands that treat pollution, naturally store water, mitigate floods, and provide greater fish and wildlife habitat and biodiversity. And in doing so, provide resiliency to natural disasters and changing climate. - Lilly McLane, Gallatin Watershed Council 451 ChAPTER 2: OUR COMMUNITY’S SENSITIVE LANDS VALUES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 2020 CONSERVATION EFFORTS IN GALLATIN COUNTY 35.7% Gallatin County 4.5% Unknown Federal 10.4% US Forest Service 9.5% US Fish and Wildlife 39% US National Resources Conservation Service 1.5% Other Funding Sources (NPS, MT FWP, etc) 886,074 Acres of Private Land in Gallatin County of Land in Gallatin County in Private Ownership 53%142,431 (16% of private lands) Acres under voluntary conservation easement Lands Protected by Agency (2006-2017) Conservation Almanac, Gallatin County 452 ChAPTER 2: OUR COMMUNITY’S SENSITIVE LANDS VALUES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 2121 Charting the Way for Open Space In 2018, following successful bond measures in 2000 and 2004, Gallatin County voters passed the Open Space Levy that allows up to 4.5 mills for open space conservation, with .5 mills being transferred to parks fund for capital improvements and maintenance. Conservation Projects (3.25 mills) support the purchase of land and conservation easements to conserve farm and ranch lands, provide recreation, protect water quality of streams and rivers, manage growth, and protect wildlife areas. Other Eligible Projects (0.75 mills) are capital improvements and maintenance projects like trails upkeep that support the purpose of the open space levy. For example in 2022, the Open Space Levy collected nearly $1.8 million in revenue from property taxes and the Board of County Commissioners allocated $2.4 million towards Conservation Projects and Other Eligible Projects. The Levy supports open land protection primarily through funding conservation easements submitted by project applicants. The Gallatin County Open Lands Program has partnered with willing landowners and land trusts to conserve 62 properties totaling over 52,000 acres to date. Approximately 360 acres were conserved per year for the 5-year period 2012- 2017. Gallatin County also manages the Gallatin County Regional Park, a 100-acre regional open space in the City of Bozeman which serves as a public recreation area. As land prices escalate, fewer acres will be able to be conserved without a proportional increase in funding. “The Gallatin County Open Lands Board seeks to preserve open space lands for the enjoyment of present and future generations. The diverse acreage includes rich agriculture lands, serene mountain settings, parks, unique wildlife habitats, streams and lakes, historic areas and trail corridors. A prime goal of the Open Space Program is to preserve and enhance the County’s uniqueness: its striking mountain vistas, rolling agriculture plains, fish-filled streams and abundant wildlife.” - Sean O’Callaghan, Open Lands Coordinator and Planning Director WHAT IS A CONSERVATION EASEMENT? A voluntary in perpetuity legal agreement between a landowner and a land trust or government agency that permanently limits uses of the land to protect its inherent ecosystem values. It allows landowners to continue to own and use their land, and to sell or pass on the property to heirs. 453 ChAPTER 2: OUR COMMUNITY’S SENSITIVE LANDS VALUES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 2222 Guiding Plans Each local governing body develops and adopts plans to guide growth within their jurisdiction. Together these plans offer steppingstones for the Sensitive Lands Protection Plan to build from. This Plan builds off these existing policies and finds common ground among existing plans/policies across communities within the Valley. Plan Year Adopted Gallatin County Growth Policy 2021 City of Bozeman Community Plan 2020 Triangle Community Plan 2020 Envision Three Forks 2022 City of Bozeman Climate Vulnerability and Resiliency Strategy 2019 City of Bozeman Climate Plan 2020 City of Bozeman Parks, Recreation and Active Transportation Plan 2023 Triangle Area Trails Plan 2021 City of Belgrade Parks and Recreation Plan 2019 COMMON THEMES IN ADOPTED AND RELEVANT PLANS • Managing and Conserving Water Resources • Maintaining Agricultural Heritage • Increased Development Density • Open Space Protection • Parks Planning • Thoughtful Infrastructure Planning • Soil Health • Air Quality • Native Plants • Fish and Wildlife • Movement and Migration • Recreational Opportunities • Viewshed Protection • Climate Change • Regional Coordination • Indigenous Involvement • Public Health and Safety • Respect for Private Property Rights • Efficient Service Delivery • Vibrant and Resilient Neighborhoods • Responsible and Reliable Clean Energy Supply • Diverse and Accessible Transportation Options • Comprehensive and Sustainable Waste Reduction • Regenerative Greenspace, Food Systems, and Natural Environment 454 ChAPTER 2: OUR COMMUNITY’S SENSITIVE LANDS VALUES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 2323 Other Sources Similarly, publications and resources from a variety of sources also provide important information and data related to the plan and informed the model in Chapter 3 and recommendations in Chapter 4. Learn more about each of these Adopted and Relevant Plans, as well as Publications for Consideration, in “Appendix A: Literature, Policy, and Case Study Review”. PLANNING FOR RESILIENCY IN BOZEMAN The City of Bozeman recently adopted a long-range Growth Policy, a Climate Plan, and a Parks, Recreation and Active Transportation Plan that work together to support a more resilient community. Well-planned, walkable neighborhoods combined with support for local food systems and conserving water resources emphasize the relationship between nature and the built environment. Acknowledgements 0 9 Bozeman Climate Plan Draft – August 2020 City of bozeman 2023 COMPREHENSIVE PARKS, RECREATION, AND ACTIVE TRANSPORTATION PLAN Report DRAFT June 2023 BOZEMANMT COMMUNITY PLAN Plan Year Adopted Critical Lands Study of Bozeman Area 1997, Not Formally Adopted Montana Department of Fish, Wildlife and Park’s Fish and Wildlife Recommendations for Subdivision Development 2012 Montana State Wildlife Action Plan 2015 USFS Custer Gallatin Forest Plan (2020)2020 Online Publications by Montana Natural heritage Program N/A Gallatin County Natural Resource Long Range Plan (2019- 2024)2019 Learn more about Adopted and Relevant Plans in Appendix A. 455 ChAPTER 2: OUR COMMUNITY’S SENSITIVE LANDS VALUES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 2424 Values Summary Gallatin Valley residents are strongly supportive of respecting sensitive lands – with water and wildlife as primary reasons why sensitive land protection is important. Clean drinking water and water for healthy fisheries, recreation, and biodiversity ranked toward the top. Water for native fish populations, farming and ranching, and resiliency to natural disasters and changing climate also are important values. CONSERVATION PERCEPTIONS ACROSS MONTANA Three out of four (74%) people in Montana rate of growth and development is too fast There is very strong support for efforts that would aid migrating wildlife 87% of Montanans (63% strongly) support constructing wildlife crossing structures, such as over- passes or under-passes across major highways that intersect with known, concentrated migration routes 86% of Montanans (54% strongly) support providing incentives to private landowners like ranchers who voluntarily agree to conserve some of their land in migration routes as wildlife habitat 81% of Montanans (49% strongly) support identifying large blocks of existing public lands that would be managed and conserved, with an emphasis on conserving wildlife migration routes 87% of Montanans say that issues involving clean water, wildlife, and public lands are important in deciding whether to support an elected official (2022) 77% of Montanans support a national goal of protecting 30 percent of America’s lands and waters by 2030, up from 71% in 2022 82% of Montanans support creating new national parks, national monuments, national wildlife refuges, and tribal protected areas, up from 73% in 2022 Colorado College’s State of the Rockies Project2023 Conservation in the West Poll coloradocollege.edu/stateoftherockies/conservationinthewest MONTANA support requiring local governments to determine whether there is enough water available before approving new residential development projects. support providing financial incentives to homeowners and businesses to replace lawns and grassy areas with water-saving landscaping. 62%CONSERVATION WATER & DROUGHT CONCERNS describe the current shortage of water supplies in the West as a problem.79% 84% consider themselves to be conservationists. 73% consider themselves a hunter or angler. 60% support constructing wildlife crossing structures across major highways. 86% ENERGY ON PUBLIC LANDSPROTECTING 30X30 support presidents continuing to use their ability to protect existing public lands as national monuments. 82% support a national goal of conserving 30% of America’s land and waters by the year 2030. 77% support enacting the Blackfoot Clearwater Stewardship Act, adding nearly eighty thousand acres of public lands to wilderness areas, creating new recreation areas, and sustaining timber harvest. 84% support only allowing oil and gas companies the right to drill in areas where there is high likelihood to actually produce oil and gas. 72% prefer that leaders place more emphasis on protecting water, air, wildlife habitat and recreation opportunities over maximizing the amount of land available for drilling and mining. 66% support requiring oil and gas companies, rather than federal and state governments, to pay for all of the clean-up and land restoration costs after drilling is finished. 96% Bob Wick | Bureau of Land Management Bob Wick | Bureau of Land Management Colorado College’s State of the Rockies Project2023 Conservation in the West Poll coloradocollege.edu/stateoftherockies/conservationinthewest MONTANA support requiring local governments to determine whether there is enough water available before approving new residential development projects. support providing financial incentives to homeowners and businesses to replace lawns and grassy areas with water-saving landscaping. 62%CONSERVATION WATER & DROUGHT CONCERNS describe the current shortage of water supplies in the West as a problem.79% 84% consider themselves to be conservationists. 73% consider themselves a hunter or angler. 60% support constructing wildlife crossing structures across major highways. 86% ENERGY ON PUBLIC LANDSPROTECTING 30X30 support presidents continuing to use their ability to protect existing public lands as national monuments. 82% support a national goal of conserving 30% of America’s land and waters by the year 2030. 77% support enacting the Blackfoot Clearwater Stewardship Act, adding nearly eighty thousand acres of public lands to wilderness areas, creating new recreation areas, and sustaining timber harvest. 84% support only allowing oil and gas companies the right to drill in areas where there is high likelihood to actually produce oil and gas. 72% prefer that leaders place more emphasis on protecting water, air, wildlife habitat and recreation opportunities over maximizing the amount of land available for drilling and mining. 66% support requiring oil and gas companies, rather than federal and state governments, to pay for all of the clean-up and land restoration costs after drilling is finished. 96% Bob Wick | Bureau of Land Management Bob Wick | Bureau of Land Management Colorado College’s State of the Rockies Project2023 Conservation in the West Poll coloradocollege.edu/stateoftherockies/conservationinthewest MONTANA support requiring local governments to determine whether there is enough water available before approving new residential development projects. support providing financial incentives to homeowners and businesses to replace lawns and grassy areas with water-saving landscaping. 62%CONSERVATION WATER & DROUGHT CONCERNS describe the current shortage of water supplies in the West as a problem.79% 84% consider themselves to be conservationists. 73% consider themselves a hunter or angler. 60% support constructing wildlife crossing structures across major highways. 86% ENERGY ON PUBLIC LANDSPROTECTING 30X30 support presidents continuing to use their ability to protect existing public lands as national monuments. 82% support a national goal of conserving 30% of America’s land and waters by the year 2030. 77% support enacting the Blackfoot Clearwater Stewardship Act, adding nearly eighty thousand acres of public lands to wilderness areas, creating new recreation areas, and sustaining timber harvest. 84% support only allowing oil and gas companies the right to drill in areas where there is high likelihood to actually produce oil and gas. 72% prefer that leaders place more emphasis on protecting water, air, wildlife habitat and recreation opportunities over maximizing the amount of land available for drilling and mining. 66% support requiring oil and gas companies, rather than federal and state governments, to pay for all of the clean-up and land restoration costs after drilling is finished. 96% Bob Wick | Bureau of Land Management Bob Wick | Bureau of Land Management Sources: Montana Results of Colorado College’s State of the Rockies 2023 Conservation in the West Polls: University of Montana 2022 Voter Survey on Public Lands 456 ChAPTER 2: OUR COMMUNITY’S SENSITIVE LANDS VALUES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 2525 Gallatin Valley Statistically Valid Survey As part of the community engagement process for this Plan, a statistically valid survey was conducted to survey a random sample of 3,500 people who own homes in the study area (See Appendix B for the complete Report). The survey found that Gallatin Valley residents rated the importance of natural resources as follows (on a scale of 1 = lowest priority, 5 = highest priority. The percent represents the combined responses of 4 and 5). The survey also asked the question, “Why do you think sensitive land protection is important to the Gallatin Valley?” From the list of twelve issues posed to area residents, the top three results were as follows. •Protect water quantity and quality for aquatic life and recreation (56%) •Maintain the Valley’s renowned wildlife populations and biodiversity (52%) •Provide water quality and quantity for local residents (51%) MOST WESTERN VOTERS CONSIDER THEMSELVES CONSERVATIONISTS. MONTANA AND WYOMING ARE THE MOST LIKELY TO FEEL THIS WAY, WITH NEARLY THREE-QUARTERS LABELING THEMSELVES AS SUCH. YesNoArizona63%33%Colorado66%33%Idaho64%34% Montana73%25% Nevada63%35% New Mexico63%35% Utah63%33% Wyoming74%24% Total65%33% 63%66%64% 73% 63%63%63% 74% 65% 33%33%34% 25% 35%35%33% 24% 33% 0% 10% 20% 30% 40% 50% 60% 70% 80% Arizona Colorado Idaho Montana Nevada NewMexico Utah Wyoming Total Yes No Percent of Respondents Historic, archae 48% Native grasslan 56% Native plant co 62% Migratory bird 65% Agricultural lan 67% Wildlife habitat 71% Forested areas 73% Wildlife habitat 96% Rivers, streams 96% 48% 56% 62% 65% 67% 71% 73% 96% Historic, archaeological, tribal sites Native grasslands Native plant communities Migratory bird habitat Agricultural lands Wildlife habitat linkages Forested areas Wildlife habitat HIGHEST PRIORITY NATURAL RESOURCES Percent of Respondents Sources: Montana Results of Colorado College’s State of the Rockies 2023 Conservation in the West Polls: 457 ChAPTER 2: OUR COMMUNITY’S SENSITIVE LANDS VALUES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 2626 Statistically Valid Survey Results by Theme Wildlife and Biodiversity Residents are most interested in protecting deer, elk, moose, other ungulates, native fish, and aquatic species. Wetlands and waterfowl production areas are important for biodiversity. Survey responses were as follows: •Deer, elk, moose, and other ungulates (61%) •Native fish and aquatic species (57%) •Endangered, threatened, or rare species (grizzly bears, Canada lynx, etc.) (35%) •Migratory birds (34%) •Raptor nesting areas (33%) •Bears (19%) •Medium sized mammals (coyotes, foxes, etc.) (15%) •Rodents (chipmunks, squirrels, voles, etc.) (5%) Deer, Elk, Moose, and Other Ungulates Protecting this wildlife is more important to residents of Belgrade, Manhattan, and Three Forks than City of Bozeman residents (74% vs. 55%). Endangered, Threatened, Or Rare Species (Grizzly Bears, Canada Lynx, etc.) Protecting these species are more important to residents of Bozeman than people in other areas (47% Bozeman, 23% Belgrade, Manhattan, Three Forks, 26% unincorporated). Vegetation Responses regarding vegetation were as follows: •Water quality (64%) •Food sources for wildlife (46%) •Shelter for wildlife (32%) •Pollination (32%) •Native plant communities (31%) •Forested areas (30%) •Grasslands (23%) •Tree canopy to prevent heat island effect (14%) •Specimen trees (i.e., large cottonwoods, isolated stands of pine, unique species, etc.) (14%) •Endangered, threatened, or rare species (Ute ladies-tresses, etc.) (10%) Connectivity Residents are concerned with increasing winter range throughout the southern Bozeman Valley and western Bridger Front, protecting the connectivity between wildlife habitats, and maintaining movement and migration corridors throughout the Valley. Connectivity goes beyond the study area to include the full extent of the Missouri River Basin and the Greater Yellowstone Ecosystem. Wildlife moves along the river corridors and between winter ranges of the Madison and Gallatin fronts. Gallatin Valley residents’ responses were as follows: •Connectivity areas between wildlife habitat (46%) •Resiliency to natural disasters and changing climate (ex. Wetland areas can mitigate the impacts of flooding) (38%) Increase Climate Resilience To Natural Disasters City of Bozeman residents cited this almost three times more than residents of Belgrade, Manhattan, and Three Forks (33% vs. 13%). Mountain Brome grows in Gallatin Valley 458 ChAPTER 2: OUR COMMUNITY’S SENSITIVE LANDS VALUES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 2727 Water quality and access to clean drinking water are of utmost concern to Gallatin Valley residents. Agricultural heritage Regarding working farms and ranches, people are most concerned about local food production, conserving native plants and wildlife habitat, and supporting local livestock production. There is also a desire to avoid sprawl into agricultural and natural areas, maintain a balance between growth and preservation, and concerns about the availability of water. Maintaining agricultural heritage also includes the visual identity of the rural community. Maintaining contiguous areas for agricultural use was identified as another priority since adjacency to other working farms increases a farm’s success. A wide variety of farm sizes are also necessary, as large farms produce commodity crops and small parcels focus on local produce. Irrigation infrastructure is critical to the longevity of the farming community. Unfortunately, certain areas in the Gallatin Valley, like the Triangle area, are becoming increasingly difficult to maintain as working agricultural lands. Climate will impact agricultural lands as growing seasons and timing of precipitation shift. Gallatin Valley residents noted the following concerns as priorities in protecting working farms and ranches: •Supporting local food production (71%) •Conserving native plants and wildlife habitat - grasslands, wetlands, riparian areas (50%) •Supporting local livestock production (49%) •Supporting crop production for regional and natural needs (45%) •Preserving agricultural heritage and sense of place (44%) •Facilitating natural carbon sequestration (23%) Provide Water Availability For Agricultural Users Residents of Belgrade, Manhattan, and Three Forks noted this more than twice as much as City of Bozeman residents (51% vs. 24%). Preserve Agricultural Heritage People in unincorporated areas reported this twice as much as City of Bozeman residents (33% vs. 16%). Water Quality and Quantity When asked to note what is most important when protecting wetlands, riparian areas, lakes, streams, and rivers in the Gallatin Valley, results were as follows. •Access to clean drinking water (67%) •Wildlife habitat diversity (49%) •Native fish populations (38%) •Access to water for farm and ranch irrigation (38%) •Aquatic species biodiversity (31%) •Recreation opportunities (e.g., Fishing, rafting, swimming, etc.) (20%) •Food for wildlife (15%) Respondents’ biggest concern is access to clean drinking water. Second is protecting diversity of wildlife habitat. Tied for third are native fish populations, access to water for farm and ranch irrigation, and resiliency to natural disasters and changing climate. Riparian corridors provide numerous benefits to wildlife and connectivity, such as for drinking water, shelter, and calving/nesting grounds. Irrigation ditches can help support groundwater recharge. The Study Area lies almost entirely within the Lower Gallatin Watershed, where water supply is primarily snowpack driven, and limited by an average annual precipitation of 16 inches. 459 ChAPTER 2: OUR COMMUNITY’S SENSITIVE LANDS VALUES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 2828 Indigenous Connections to the Landscape Indigenous presence in the Gallatin Valley is characterized by a rich archaeological record, oral traditions, Indigenous place names, and current contributions of Indigenous artists, community members, and scholars including through MSU’s Department of Native American Studies. Indigenous connections to the landscape underlie all of the values listed above. Archaeological sites in the Gallatin Valley include buffalo hunting sites, such as the Madison and Antonsen Buffalo Jumps, tipi rings, rock imagery, stone quarries, and a wide variety of other archaeological remains. The Gallatin Valley, or the “Valley Where The Rivers Mix” in the Apsáalooke language, has been and continues to be a nexus and gathering place for Tribal peoples from all four directions, including across the Continental Divide. Over two dozen Tribal Nations know this place as part of their homeland and have ancient names for the rivers and mountains, plants, and animals. The Wolf Mountains (Bridger), the Chokecherry River (Gallatin), Straight River (Madison), and Crooked River (Jefferson) are a few of the Apsáalooke names connected to the area. These three rivers flow into the Ogima-ikwe Ziibi (Head Woman River) which is the Anishinaabe name for the Missouri River. Many tribes came to this area seasonally because of its rich biodiversity, plentiful plant and berry gathering areas, hunting grounds, and stone quarries for making tools. Reciprocal relationships connect Indigenous people and the plant, animal, and water relatives that provide them with food, medicine, and ceremony. A healthy and plentiful water supply supports the rich biodiversity found in the mountains, grasslands, and riparian areas of the Gallatin Valley. Indigenous connection to water is strong, historically indicated by campsites along streams and rivers, and by place names for rivers, streams, and other geographic features. This reverence continues to be expressed through the Revitalize Relatives artwork installed over Bozeman Creek at City Hall on Earth Day, 2023. This piece highlights the importance of Bozeman Creek to our daily life and ecosystem and speaks to important work that water does as a source and indicator of the health and vitality of the many plant, animal, and human communities in the Gallatin Valley. The Gallatin Valley, or the “Valley Where The Rivers Mix” has been and continues to be a nexus and gathering place for Tribal peoples from all four directions, including across the Continental Divide. Revitalize Relatives art installation over Bozeman Creek in front of City Hall, 2023. 460 ChAPTER 2: OUR COMMUNITY’S SENSITIVE LANDS VALUES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 2929 Hyalite Reservoir 461 Chapter 1 Chapter 3: 462 Our Sensitive Lands Our Sensitive Lands 463 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 3232 Sensitive Lands Themes The Gallatin Valley sensitive lands models identify areas with resources that are disproportionately susceptible to impacts from development and degradation. The Working Group and project partners informed and guided the GIS modeling and engaged the public through a collaborative process. The iterative feedback identified which resources are valued the most and integrated into the models. Resources that contribute to the sensitivity of lands were categorized into four themes and a model was developed for each. While the resources in these four themes overlap and influence each other as a part of a greater Gallatin Valley ecological system, each theme can be viewed individually and in relation to each other to assess those particular resource priorities. Areas that are identified as sensitive for multiple themes are even more critical to address. Wildlife and Biodiversity: Preserve habitat and promote biodiversity Connectivity: Reduce habitat fragmentation Agricultural heritage: Maintain the historic presence of agriculture Water Quality and Quantity: Ensure present and future access to water Existing Sensitive Lands Models Overview As part of the planning process, extensive research on different national and local models was completed to identify best practices in sensitive lands modeling efforts, as well as data to incorporate into this effort. Data that was used in this effort is identified in the pages after the model overview. . 464 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 3333 National Models Many regional, state, and national organizations collect data on rare and sensitive species, their natural habitat, or their threats. Natural resource models attempt to identify lands that best support the long-term survival of a suite of targeted species and natural communities. This section identifies existing models that address current growth management and resource conservation decisions that relate to natural resource, economic, agricultural, wildlife, and cultural factors. They tend to cover a larger spatial scale, which informs general observations of sensitive land trends and inputs. The publicly-available models shown in this section: •Cover the Gallatin Valley Study Area; •Are based on desktop scientific references and need ground-truthing; •Do not account for land ownership and political boundaries; •Are Informative for land-use planning and conservation strategies; and •Do not have legal meaning or in any way represent an attempt to regulate or limit the use of private property. Natural Heritage Map Viewer Montana Natural heritage Program This viewer allows users to select from one of the following tasks: Generalized Species Observations, Land Cover, Land Management, Wetland, Riparian Mapping, and Photos. While this isn’t a model, it’s a great resource that displays state-wide management and environmental data and provides the option to summarize self-selected study areas. Users draw a study area to acquire breakdowns of land ownership, land use, wetland coverage, species, important plant and bird areas, and more. Learn more at https://mtnhp.org/ TNC Resilient Lands Mapping Tool The Nature Conservancy This model identifies climate-resilient places and the movement paths between them by using biodiversity value (rare species, intact habitat, or exemplary natural communities) and site resilience (the ability of a site to support biological diversity and ecological functions even as it changes in response to climate change) to map climate-resilient places. Learn more at https://maps.tnc.org/resilientland/ Land Management Summary of Gallatin Valley Resilient and Connected Network (Near Bozeman, MT) Source: Anderson, et.al; 2016. Resilient and Connected Landscapes for Terrestrial Conservation. The Nature Conservancy, Eastern Conservation Science, Eastern Regional Office. Boston, MA.. 465 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 3434 Conservation Carbon Map Trust for Public Land This model focuses on conservation to maximize climate benefits. Specifically, this tool looks at threats to carbon-rich landscapes from development, insects, disease, and wildfire risk. This tool summarizes forest carbon storage, sequestration rates, development risk, insect and disease risk, wildfire hazard potential, rare ecosystems, and intact habitat cores at the state, county, and watershed scale. Parcel-level attributes are presented for carbon, threats, and co-benefits. https://web.tplgis.org/carbonmap/ EPA EnviroAtlas Environmental Protection Agency This model seeks to effectively measure and communicate the type, quality, and extent of goods and services that humans receive from ecosystems so that their true value can be considered in decision-making. EnviroAtlas houses and combines an extensive collection of spatial data, including modeled results, field research, and results of literature reviews from a variety of government and non-government sources. This information characterizes the benefits derived from the natural environment, community infrastructure, demographics, and health outcomes. This model is a holistic resource that contains economic, environmental, and social models that can be overlaid to create comparisons across factors. Examples of models include ecosystem markets, engagement with outdoors, health and economic outcomes, water supply, runoff, and flow, and more. https://enviroatlas.epa.gov/enviroatlas/ interactivemap/ Montana Agricultural Potentials System (MAPS Atlas) Montana State University This model is designed to improve decisions made by people who manage land resources. The model divides Montana into about 18,000 cells, each representing slightly more than three miles north and south by two miles east and west. The model combines the following environmental attributes: precipitation, growing season, temperature, land use, soils, and physiography. MAPS Atlas is best used for combining general attributes for environmental assessment and site selection. https://www.montana.edu/places/maps/ Breakdown of Bozeman Parcels Annual Participation (Near Bozeman, MT) Sample Custom Map Created with MAPS Atlas 466 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 3535 Local Models Before developing a new model, it is essential to understand how existing models evaluate specific factors at a localized scale. The inputs and outputs of existing models were evaluated to determine if they could be incorporated into the sensitive lands model to avoid a redundancy in efforts. Four sample models are outlined in this summary to inform successful modeling practices and identify gaps in environmental, economic, agricultural, wildlife, and cultural data. Review of these existing models helped inform design, development and implementation of the sensitive lands model. Habitat Suitability Biodiversity Model Montana Natural heritage Program The Montana Natural Heritage Program (MNHP) uses inductive and deductive models to predict habitat suitability and ecological system association with individual species. The inductive model predicts current distribution and relative suitability of general year-round habitat. The model uses observation data for an individual species combined with 44 statewide biotic and abiotic environmental layers. Deductive modeling represents how ecological systems are commonly or occasionally associated with a specific species year-round from statewide land cover classifications, species observations, and characteristics of used habitat documented in literature. Species are classified as commonly associated, occasionally associated, or not associated with each ecological system based on the degree to which structural characteristics of an ecological system match the preferred structural habitat for each species outlined in literature. The output is a spatial dataset of categorical habitat suitability based on ecological system associations within the species presumed range. MNHP provides Habitat Suitability and Biodiversity for statewide species. This database is an input representing wildlife factors in the sensitive lands model. https://mtnhp.org/models/ Wildlife Resource Value on Private Land Montana Fish, Wildlife, and Parks (MFWP) MFWP’s Resource Value on Private Land model is an example of a lower level model that identifies core wildlife habitat and prioritizes value for wildlife based on an overlay of layers. For example, “High Value for Wildlife” encompasses riparian areas, wetlands, cottonwood galleries, and native habitat based on land cover. While “Lower Value for Wildlife” uses landcover, cadastral, and structure data to outline subdivisions and agricultural land to represent land use with poor habitat quality and corridor connectivity. In addition, the model utilizes species of concern habitat to highlight a core wildlife habitat classification. This data was compiled for the recently adopted Gallatin County Growth Policy (2021). Learn more at: https://gallatincomt virtualtownhall.net/planning-community-development/ pages/plans-policies. Deductive Grizzly Bear Habitat Associations Model Wildlife Resource Value on Private Land 467 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 3636 Modeling an Aspirational Connected Network of Protected Areas The Wilderness Society This is a multi-scale connectivity model that utilizes least- cost and circuit theory to prioritize corridors with the least human-modified lands between large protected areas of North America. Least cost theory assumes organisms have perfect information of their landscape resistance to movement, and therefore traverse “optimal” routes that minimize the distance between a source and the destination. The model first maps least modified corridors that link protected areas in the network using least cost and circuit theory approaches. A resistance surface layer is used to represent human-modified land that essentially dissolves out land that doesn’t contribute to corridor connectivity (development, agriculture, transportation corridors, dams, etc.). A set of linkages is then mapped that connect all protected areas while minimizing total network resistance. Next, a betweenness centrality metric was used to prioritize individual linkages within each corridor. Regional networks of protected lands were then identified with their mapped priority linkages. Ridgelines offer important connectivity at high latitudes, and valley bottoms offer important connectivity at all latitudes. https://esajournals.onlinelibrary.wiley.com/doi/full/10.1002/ eap.2387 Farms Under Threat 2040: Choosing an Abundant Future American Farmland Trust Farms under Threat 2040 models the conversion rate of farmland to development through three scenarios: Business as usual (historical conservation rate from 2001-2016 conversion rate), runaway sprawl (50% higher than business as usual), and better built sites (50% lower than business as usual). The outputs of this model are three scenario projections from 2016-2040 representing the amount of acres lost to urban/highly developed and low-density residential land uses. Continental Protected-Area Connectivity Farms Under Threat 2040: Business as Usual Projection Farms Under Threat 2040: Runaway Sprawl Source: Kevin Barnett and R. Travis Belote, The Wilderness Society 468 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 3737 Model Process Input Selection and Data Sources No new field data was collected or created for this study. Instead, the study relied on best available existing resource data produced by authoritative sources. After values were identified by the public, the team gathered data from authoritative sources. Some authoritative sources were identified by Working Group members who are experts in relevant fields or by project partners, while others were identified as being gold standards in the environmental field. For example, the U.S. Geological Survey National Hydrology Dataset (NHD) Flowline was used as the source for ditches, streams, and rivers for all counties except for Gallatin County, since the NHD is a well respected standard for surface water data. However, a more accurate local dataset for surface water was suggested by Working Group members familiar with data throughout the Gallatin Valley. Other authoritative sources for this study include federal, state, and local governmental entities such as the Federal Emergency Management Agency, Montana Natural Heritage Program (MNHP), Montana Fish, Wildlife, and Parks (MFWP), Montana State Library, and Gallatin County. Peer reviewed research and research from non-government organizations were also integrated into the model, including sources like academic institutions, The Nature Conservancy, and the Center for Large Landscape Conservation. Data resources considered were selected and refined through consultation with experts from the Working Group. The GIS team determined data suitability based on availability, accuracy, completeness, scale, and coverage of the study area. Appendix C lists inputs for each theme model and includes data sources, file types, publication year, coverage, brief descriptions of the data, and links to download the data when publicly available. Data that were investigated as a potential model inputs but were ultimately excluded are listed in Appendix C with brief explanations for their exclusion. Select Resources to Represent Themes Determine Quality, Authoritative Data Sources for Resources Assign Sensitivity Scoring Map Sensitivity 1.4.3.2. WHAT IS AN AUTHORITATIVE DATA SOURCE? A data source that is considered to be the most reliable or gold standard data source because it is the primary repository of valid and trusted data. 469 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 3838 Model Design After data was collected for the four themes, relevant information were selected for each input layer according to Working Group input. The selected attributes and features were then given a score from 0 to 3 based on how sensitive the resource theme may be to impacts, with 0 being the least sensitive and 3 being the most sensitive. For example, for prime soils in the Agricultural Heritage theme, areas designated as prime farmland are given a 3, areas with farmland designated as being of statewide or local importance are given a 2, areas designated as prime farmland if irrigated are given a 1, and areas designated as not farmland are given a 0. Selections for each input by theme and the sensitivity scores assigned to each selection can be found in Appendix C. After individual scoring, sensitivity scores for individual inputs were summed for an overall theme sensitivity score. Total theme sensitivity score are mapped on the following pages. More details on model design and data processing can be found in Appendix C. Prime Soils and Associated Scoring Example 470 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 3939 Data and Model Limitations Since the sensitive lands models rely on external data, each dataset is not consistent in accuracy, scale, and data standards. Differing data standards were controlled by including data from authoritative and reputable sources, which are assumed to follow their respective data standards. The most accurate data available locally was prioritized when multiple data sources were available for the same resource. The scale of data inputs also varied, impacting the level at which results are meaningful. This study is intended to be interpreted at a regional scale rather than at a parcel level. Uncertainties and inaccuracies may exist in input datasets. Although resiliency and adaptation planning for climate change are considerations in the overall protection plan, the climate resilient watershed layer is the only resource input that includes climate considerations. Planners should consult other studies and research as they become available. See sources such as The Nature Conservancy’s climate resilience datasets. EXPLORE THE DATA – ARCGIS ONLINE HUB Interactive maps are also available as a living document on the project website. The website connects the public and Working Group collaborators to the modeling data and allows them to stay updated on the project timeline and developments, learn about project details and meeting information, and provide feedback throughout the project lifetime. Users can view inputs and outputs for each theme and view how individual scoring of each input adds up to the theme’s overall sensitivity scores. 471 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 4040 Wildlife and Biodiversity What’s the Data? •Mammal Biodiversity •Bird Biodiversity •Reptile Biodiversity •Amphibian Biodiversity •Native Fish Biodiversity •Plant Biodiversity Takeaways •Hotspots, shown in darker green, are located along waterways and along the Bridger Mountain Range extending into the Gallatin Mountain Range. •Sensitive land is also concentrated around protected lands like conservation easements, national wildlife refuges, and other special designations (see Gallatin Sensitive Lands Hub for protected lands). •Lands within and between the Bridger and Gallatin Mountain Ranges are high in biodiversity and also contain climate resilient watersheds. These areas are at high risk from wildfires. Limitations •Model inputs cannot be interpreted at scales smaller than their original 90 x 90-meter data cells. •As noted by the MNHP, landcover may have changed and additional development may have occurred since model inputs were created, possibly skewing sensitivity scores lower, especially for species in transitional areas between different vegetation communities or in patchy ecological systems. •Model results should be verified with on the ground surveys, policy verifications, and other additional studies to confirm sensitive lands. •The MNHP also caution that “ecological systems associated with a species are only mapped within the range of that species, although portions of that ecological system may occur elsewhere.” 472 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 4141 View an interactive, zoomable version of this map at the project website’s ArcGIS Hub. 473 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 4242 Connectivity What’s the Data? •Wetlands and Riparian Areas •Conservation Easements, Managed Areas, and City of Bozeman Dedicated Parks and Open Space •Directed and Undirected Model Pathways for Female Grizzly Bears •Wildlife Resource Value on Private Lands Generalized Connectivity Regions The Connectivity model does not represent actual corridors since telemetry and GPS tracking is confidential and not available for this study from FWP. Due to this data gap, arrows representing generalized corridors that could provide connections between potential wildlife hotspots are shown on the map. Corridors were selected by connecting hotspots from the Wildlife and Biodiversity results and through consultation with local field biologists. Takeaways •Public lands can play an important role in movement corridors and as refuge between lands with other development pressures. •Generalized connectivity regions tend to follow water corridors and the Bridger and Gallatin Ranges. •Darker Green areas represent more intact riparian and wetland areas, big game winter patches, and core habitats. Where protected from degradation and human disturbance and barriers, these serve as wildlife corridors. As development and human growth increases, wildlife corridors shift in response. Limitations •Data representing regional wildlife species corridors and their movements are not publicly available at a small enough scale to be meaningful for this analysis. •Wildlife resource value data only covers private lands. Public lands, like some conservation easements and managed lands, are not included in this dataset and are therefore de-emphasized in the model results despite often also being important nodes for wildlife connectivity. 474 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 4343 View an interactive, zoomable version of this map at the project website’s ArcGIS Hub. 475 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 4444 Agricultural Heritage What’s the Data? •Prime Farmland •Irrigated and Non-Irrigated Farmland (Rangeland) •Ditches •Visual Analysis of the Rural Landscape Takeaways •Waterways (ditches) and natural perennial streams are shown as the most sensitive resources as darker green lines. Ditches are critical infrastructure that sustain agricultural operations and rely on perennial streams as their water source. •The most productive farmlands are dispersed through the middle of the study area outside of current city limits. Limitations •The model does not account for grazing on private lands since the data from the Montana Department of Revenue representing agricultural lands does not directly track land used for grazing. •Due to sensitivity of Indigenous knowledge, the model does not address specific cultural or tribal heritage other than agriculture. 476 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 4545 View an interactive, zoomable version of this map at the project website’s ArcGIS Hub. 477 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 4646 Water Quality and Quantity What’s the Data? •Floodplain •Streams and Rivers •Wetlands and Riparian Areas •Channel Migration Zones •Areas Recommended for Water Recharge Suitability Investigation •Buffered Water Features •Climate Resilient Watersheds Takeaways •Hotspots are located along the Valley’s major rivers: the Madison, East Gallatin, Gallatin, and Jefferson Rivers. •Sensitive lands identified in the watersheds that originate in the Gallatin Range, in the southwest portion of the study area, are particularly important because these watersheds are more climate resilient and their protection is critical for sustaining flows in the East Gallatin and Gallatin Rivers. •Water is an essential resource for sensitive lands across all themes. Protection along waterways, riparian areas, and wetlands is critical for a resilient future. Limitations •This theme does not include data that directly represents water quality and quantity. Water quality and quantity are accounted for by including mapped lands that provide natural water treatment and water storage such as wetlands, floodplains, and riparian areas. •Water data is more complete and accurate for Gallatin County than for Madison and Broadwater Counties. Therefore this model does not account for data gaps - the model ranking is dependent on the existence of data, and some layers were not equally available across the study area, such as mapped floodplains and channel migration zones. See Appendix C for data coverage details. 478 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 4747 View an interactive, zoomable version of this map at the project website’s ArcGIS Hub. 479 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 4848 Subdivision development Development Pressures: Areas that are influenced by current development and likely to attract future development. Overlay layers show where sensitive land protection priorities should be focused in the near term. Development Constraints: Areas, regardless of sensitive land status, that are likely to remain undevelopable and/or are already protected from future development. Overlay layers suggest where future conservation and protection efforts may be less of a priority. Protected landscape Overlays In addition to the sensitive lands models, this study also developed two types of overlay datasets. Overlays offer insights into priorities for sensitive lands protection. The overlays include: 480 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 4949 Development Pressures how can I use this overlay set? Development Pressures layers are useful in indicating areas that are: 1. At greater risk for future development because they are experiencing higher levels of environmental disturbance due to human influence in the area. These are represented by major and minor subdivisions and a human disturbance index. 2. Critical to protect to ensure the health and safety of both humans and ecological systems within Gallatin Valley. These are represented by wildfire prone areas and climate resilient watersheds. What are the Development Pressure overlays? •Climate Resilient Watersheds •Human Disturbance Index •Wildfire Prone Areas •Major and Minor Subdivisions Takeaways •Areas with the highest rating on the human disturbance index are concentrated around waterways, areas that also score high for sensitivity. Although protection to varying degrees is already in place for many of these areas, they are also more prone to human disturbance and are more sensitive to disturbances when they occur. •Over 962 subdivisions covering over 37,000 acres have been approved outside of incorporated areas. This weakens the distinction between “town” and “country”, fragments wildlife habitat, increases congestion and commutes increasing air pollution, increases the costs of county services increasing taxes, and impacts groundwater quality and supply. •The frequency, magnitude, and intensity of catastrophic wildfire is increasing. Wildfire risk is now “extreme” for the cities of Bozeman and Belgrade, in part due to the number of rural subdivisions built in the wildland-urban interface. •Climate resilient watersheds, or watersheds with baseflows primarily controlled by snowpacks that persist year-to-year, are increasingly important because the existence of snowpack within these watersheds determines future water quality and quantity for Gallatin Valley as climate change progresses. The integrity of these watersheds is especially sensitive to impacts from wildfire. Limitations •The subdivision overlay only includes approved subdivisions. It does not show proposed subdivisions that may be at varying phase of permitting. •The data in this overlay set are not exhaustive of all development pressures to sensitive lands such as water pollution, habitat fragmentation, light pollution, and other concerns. Focusing development within existing city planning jurisdiction areas can reduce impacts to sensitive lands elsewhere. City planning jurisdictions, Bozeman’s Growth Policy Boundary, and the Triangle Plan Boundary provide the necessary infrastructure to support development in an efficient and cost-effective way. Developments within these areas should consider designs and neighborhood layouts that work with natural drainages, provide wildlife friendly passage, and support nature in the city. All these elements also provide human benefits such as efficient stormwater management, clean air and water, and access to passive recreational spaces. Development threatens impacts to sensitive lands 481 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 5050 View an interactive, zoomable version of this map at the project website’s ArcGIS Hub. 482 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 5151 View an interactive, zoomable version of this map at the project website’s ArcGIS Hub. 483 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 5252 View an interactive, zoomable version of this map at the project website’s ArcGIS Hub. 484 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 5353 View an interactive, zoomable version of this map at the project website’s ArcGIS Hub. 485 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 5454 Development Constraints how can I use this overlay set? The Development Constraints overlay highlights areas that already experience some degree of protection from future development projects. These protections range from special land designations to the presence of physical features that are less desirable to land developers, thereby making the areas less feasible for development though not formally protected. For example, land within a floodplain or with a higher slope presents an increased challenge and investment risk to developers and in some cases development is more tightly controlled. What is in the Development Constraints overlay? •Slopes Over 25% •Floodplain •Conservation Easements, Managed Areas, and City of Bozeman Dedicated Parks and Open Space Takeaways The chart below shows the total acres of highly sensitive lands from three models: Wildlife and Biodiversity, Water Quality and Quantity, and Agricultural Heritage. High sensitive is defined as the highest third of the sensitivity score for each theme. Some of the same lands overlap and are significant for all three themes. “Some Protections” refers to overlapping development constraints on sensitive lands within the study area: conservation easements, lands with slopes over 25 percent, or other special designations such as floodplains or other federal protections. The extent of specific protections varies depending on the resource and environmental commitment. The Agricultural Heritage resource has the least amount of development constraints (12 percent), while Water Quality and Quantity have the most development constraints (95 percent). Also note that although a majority of the highly sensitive lands in the Water Quality and Quantity theme have some existing protections, there is more to ensuring the health of the waterways of the Valley than floodplain development restrictions. Much of the water for the entire Gallatin Valley is sourced in just a few critical watersheds in the Gallatin Mountains. The quantity and quality of upstream water directly impacts what flows downstream, making a system- wide view important for preservations of highly sensitive waterways. Limitations •The Development Constraints overlay has varying levels of protection, from hard title commitments to the softer difficulty of developing on steep slopes. It offers one perspective on prioritizing conservation efforts. Each constraint input should be considered independently. •Development Constraints do not offer protection for systems. This is especially important for Water Quality and Quantity as upstream impacts to water corridors can have significant impacts downstream, so partial protections of waterways do not indicate the watershed as a whole is protected. All Some Protect Percent Protected All Some Protectio Percent Protected Less Sensitive 261,633 66,911 26%228,283 23,331 10% Moderately Sensitive 178,388 27,821 16%534,775 244,656 46% More Sensitive 10,840 1,344 12%132,148 109,992 83% Total 450,861 96,075 21%895,206 377,979 42% Connectivity arrows highlight unprotected Agricultural Heritage Connectivity 0 2,000 4,000 6,000 8,000 10,000 12,000 All Some Protections All Some Protections All Some Protections Agricultural Heritage Water Quality and Quantity Wildlife and BiodiversityAcresACRES OF EXISTING PROTECTED LANDS BY THEME *Sums do not equal total conserved lands as protected areas overlap by theme. 486 ChAPTER 3: OUR SENSITIVE LANDS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 5555 View an interactive, zoomable version of this map at the project website’s ArcGIS Hub. 487 Chapter 1 Chapter 4: 488 Insert Photo background Our Sensitive LandsOur Solutions 489 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 5858 Introduction To meet the community’s vision as outlined in this Plan, this chapter provides recommendations that could be implemented to better protect and manage sensitive lands while balancing private property rights. When implemented these recommendations would: •improve wildlife habitat and quality of life for the community residing in Gallatin Valley •improve climate resiliency •reduce impacts to surface and ground water quality •promote equitable access to the benefits of preserved sensitive lands across the Valley •mitigate the impacts of flooding, wildfire, and drought The recommendations build off the science that was used to develop the sensitive lands model. Most recommendations provide benefits to multiple themes which results in an increase in benefit for protecting sensitive lands. The recommendations, where relevant, should integrate and refer to the sensitive lands model results. Additionally, the utilization of the sensitive lands mapping is called out as a separate recommendation to provide further guidance. The chapter ends with direction on how to implement this Plan through identification of some of the partnerships and funding sources available, as well as methods for monitoring and updating this Plan to ensure the document and models remain relevant. Recommendations The following recommendations include a consolidated menu of solutions that various organizations, agencies, and/or partners can choose from. The recommendations may be implemented at various scales from large landscape measures to site specific actions to provide flexibility. The execution of each recommendation will require action by many partners and willing landowners to see actual change on the ground and implementation in policy documents. Collaboration by various entities is important to implementation, which is discussed further at the end of the recommendations The intent of these solutions is to not lengthen timelines and affect overall costs of projects, including much needed community housing projects. Rather development processes could be improved by providing clearer and more readily available conservation goals and values up-front that could help avoid conflicts later on in the development process when it has become too late or expensive to make changes. The feasibility of each depends greatly on a variety of factors, including public support, local political will, and the variability of Federal and State laws. Additional details on the ability to implement each recommendation is discussed in the associated narrative below. During implementation additional public outreach will be conducted. Many of these recommendations would still need further exploration into their feasibility – including palatability and legality. For recommendations that already exist, such as conservation easements, this would be an exercise in looking into the feasibility of maintaining and expanding current programs. Whereas for recommendations that are not in place yet, such as overlay zoning, it would be looking into the feasibility of developing new programs and/or regulation. If a recommendation is not listed, it is not precluded from being implemented in the future. Through adaptive management, emergence of new science or partners, or additional analysis other recommendations may be available in the future. Education is important initially, no matter the level of implementation. 490 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 5959 X.X RECOMMENDATION CATEGORY/NAME Overview Includes a description of the recommendation details, how the tool works, and its benefits to sensitive lands. Implementation Strategy Building on the methods, strategies detail the considerations and steps needed for implementation. Recommendations Overview Recommendations are organized by Tiers, depending on how many of the core themes are protected, enhanced, or managed by the tool. Each recommendation includes: Implementation Methods Describes the various ways the recommendation can be implemented, including: ☐Capital improvement: physical projects or infrastructure investments ☐Development code update: changes to jurisdiction land use, subdivision codes, and requirements for future development. ☐Education: resources and training provided in conjunction with implementation partners on how specific efforts or recommendations would benefit sensitive lands, encouraging property owners to take action. ☐Funding opportunity: grants or loans available to support implementation of another recommendation or individual property owner efforts to support sensitive lands. ☐Incentive: recommendations that provide incentives, which could be monetarily or procedurally, to take action. ☐Legislative initiative: recommendations that would require a legislative change to be implementable. ☐Policy/program: new City/County policies or programs that support protection of sensitive areas. Current Use Recognizes if the recommendation is currently in use in the Gallatin Valley. Recommending Plan/Source Identifies the adopted plan, guiding document, and/or literature that supports this recommendation. Recommendations often align with those in existing plans and goals (current development codes, Growth Policies, Triangle Plan, Bozeman’s Climate Plan and Community Plan as well as affordable housing goals, equity & inclusion plans) to avoid unintended consequences. Implementation Partners Lists the type of entities that could be involved in implementation. Examples and Case Studies Links to example projects and/or reference documents. Theme Identifies the related theme(s) *Implementation Methods and Partners with the box checked ( ) indicates these measures apply. ☑ 491 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 6060 List of Recommendations 1. Tier 1 Recommendations......62 1.1. Broad Scale Protections .......................62 1.1.1. Land Use Regulation Reform ....................................62 1.1.2. Growth Policy/Future Land Use Element ..................64 1.2. Incentive Based Conservation for Individual Parcels .......................................65 1.2.1. Land Acquisition ........................................................65 1.2.2. Conservation Easements .........................................66 1.2.3. Channel Migration Zone Easements ........................67 1.2.4. County Open Space Levy & Program ......................68 1.2.5. Transfer of Development Rights .............................69 1.3. Subdivision and Housing .......................70 1.3.1. Subdivision Regulation Reform .................................70 1.3.2. Consider Protection Measures when Implementing PUDs/PDZs ..........................................................................73 1.3.3. Conservation-Oriented/Cluster Development ..........74 1.3.4. Density Bonuses ........................................................75 1.3.5. Septic Restrictions .....................................................76 1.3.6. Stormwater Management .........................................77 1.4. Implementation Capacity ......................78 1.4.1. Revise Environmental Assessment Requirements ...78 1.4.2. Dedicated Natural Resource Staff ............................79 1.4.3. Maintain High Quality Data for Floodplain, Wetlands, and Channel Migration Zones ...........................................80 1.4.4. Wetland Mitigation Banking ......................................81 1.5. Planning .............................................82 1.5.1. Regional Infrastructure Planning ..............................82 2. Tier 2 Additional Recommendations Available ...83 2.1. Continue Working Group as Sensitive Lands Advisory Committee ........................83 2.2. Dark Sky Lighting ...............................84 2.3. Develop and Publicize Land Acknowledgments ......................................85 2.4. Expanded Agricultural Land Uses/ Investing in Agricultural Operators .............86 2.5. Improved Landscape Design and Management ..............................................87 2.6. Integration of Sensitive Lands Mapping 88 2.7. Living with Wildlife ...............................89 2.8. Park/Open Space Dedications and Cash- in-lieu .........................................................90 2.9. Wildlife Friendly Trails ..........................91 2.10. Wildland Urban Interface Designation 92 2.11. Wildlife-Friendly Fencing ....................93 2.12. Wildlife Crossings ...............................94 3. Tier 3 Recommendations ....95 3.1. Controlled Groundwater Area (CGWA) .95 3.2. Maximum Size of Single Structure/ Dwelling Unit..............................................95 The recommendations are organized first by the primary recommendations provided by the Working Group. These recommendations were prioritized by the Working Group as having the greatest impact on the protection of sensitive lands. Tier 1 recommendations are further categorized into respective themes. Tier 2 provide additional recommendations that are or could be available. They are listed in alphabetical order. A handful of recommendations are identified as Tier 3, which need further evaluation on their impact to sensitive lands. 492 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 6161 IMPLEMENTATION METHODS AND PARTNERS Some recommendations can be implemented flexibly depending on the partner. Therefore, a menu of methods is presented for each recommendation. As an example, for wildlife-friendly fencing, non-profits could lead education efforts, while a State agency could make it an incentive, or a local government could put it in their development code. This Plan intends to provide a menu of recommendations based on science and wide-breath of constituents, however, future efforts to improve and implement the Plan will strive to be as inclusive and diverse as possible as it relates to the specific implementation recommendation. 493 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 6262 Subcategory Broad Scale Protections Implementation Methods ☐Capital Improvement ☑Development Code Update ☐Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☑Policy/Program Implementation Partners ☑Individual Property Owners ☑County ☑Municipalities ☑Non-profits/Land Trusts ☐State/Federal Agencies Current Use Yes – needs to be improved Recommending Plan/Source County Growth Policy, Literature Review Examples and Case Studies Countywide Zoning Chapter 2 Zoning Districts Missoula County, MT Overlay Zoning Blaine County, ID - wildlife overlay district, wetland overlay district, agricultural district 1. Tier 1 Recommendations 1.1. Broad Scale Protections 1.1.1. Land Use Regulation Reform A strategic and thoughtful approach to zoning is critical for protecting sensitive lands and aligning with community values. Development of zoning districts requires reviewing existing zone district standards to verify whether existing zone districts are meeting the needs of the community and result in desired outcomes. When there is no zoning, jurisdictions have limited ability to enforce any zone district specific restrictions, especially density bonuses and restrictions, transfer of development rights, expanded agricultural uses, and overlay zoning. In order for the majority of the regulatory recommendations detailed in this document to be implemented, a future land use map and zoning must be implemented first. According to the Gallatin County Growth Policy (2021), approximately 70% of private land in Gallatin County—roughly 965 square miles—lies outside of a zoning district or neighborhood plan boundary. This unzoned area is approximately 56% of the total Sensitive Lands study area. Implementing zoning to this large area would potentially greatly advance the goals of this study. In these areas development characteristics vary slightly, but most of the existing development is on larger agricultural parcels, with little to no infrastructure or public services to support higher-density development. This pattern of development is difficult and costly to service and can degrade high- value natural resource areas and increase development pressure on surrounding agricultural areas. Overlay Zoning Overlay zoning can be used to accomplish several sensitive areas protections, ranging from agricultural protections to floodplain and riparian overlays to wildlife corridor overlays. Overlay zones provide the flexibility to provide stricter standards across multiple traditional zoning districts at once and avoid the need to modify multiple zone districts. It should be noted that any of the standards listed in these overlay zones could be incorporated directly into base zone district standards rather than as overlay districts. While each of these overlays serves a different purpose, both could include limitations on placement of disturbance or development, require larger minimum lot sizes, and could modify the density allowances and permitted uses of the underlying zone districts to restrict development and mitigate impacts to sensitive areas. 494 GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 6363 Agricultural Overlay Agricultural overlays can be used to preserve the availability of agricultural lands for farming and provide stability to the farming economy. The goal of an agricultural overlay is to limit development based in identified areas to preserve and support land suitable for farming, while discouraging other uses which would affect the ability of agricultural operations to continue. To develop an agricultural overlay, the local government designates areas where agriculture is intended to be the principal use. Agricultural overlays may be based on existing use as well as soils data. It has been shown that limiting the impacts of development on prime soils can be an effective method of supporting active agricultural lands and mitigating further loss of these lands to development. Many ordinances require developers to explain why they are unable to develop on non-prime soil or farmland before they can encroach on existing farmland. Soil compaction limitations have also shown effective in reducing loss of prime soils. Agricultural overlays are often tied to cluster subdivision standards by limiting the location and size of nonagricultural uses to a portion of a lot. Wildlife Corridor/Habitat Overlay Wildlife habitat or corridor overlays are used to provide specific protections for wildlife habitat and species of local, statewide, and national significance. Standards in these overlays could require additional development setbacks, density restrictions, no-build zones, development design standards, and other restrictions to limit human interference with identified priority wildlife habitat and migration corridors. These overlays generally function similar to wetland protections and require mitigation of impacts, a conservation plan, and a habitat analysis to identify key habitats. Note, the corridor models used in the sensitive lands model are not at a scale that can determine plot by plot connectivity in detail. Implementation Strategy County zoning, whether countywide or overlay zoning, is implemented through Gallatin County zoning regulations but is required to be based off a future land use map for the County. Gallatin County initiated a public planning process in Fall 2023 to develop the future land use element and map, as described below. Gallatin County does have zoning now, but there are many areas which are currently unzoned. In order to better protect sensitive lands, the portions of Gallatin County that aren’t already zoned should be strategically zoned and appropriate development standards should be developed. Zoning regulation reform would be led by the Gallatin County Planning Department and would likely include a full public process including public meetings, a steering committee, public comment period, and public hearings. 495 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 6464 1.1.2. Growth Policy/Future Land Use Element Overview Future land use maps illustrate the desired mix, character, and location of future land uses within a community. Future land use maps may also define the planning and growth boundaries for municipalities within a County using water and sewer serviceability analyses as well as existing land use and sensitive area analyses. The future land use map establishes the long-term physical growth strategy for the community; however, it does not predetermine exact land uses or densities for given parcels of land. The future land use map is advisory and does not change the existing zoning or the ability of landowners to continue existing legal uses consistent with the current zoning. Any adopted zoning must be based on a future land use map. All municipalities in the planning area have adopted growth policies with future land use maps. The future land use map coupled with the goals and policies of the Gallatin County Growth Policy, and other applicable growth policies will guide development patterns, infrastructure improvements, and the general character and location of neighborhoods, commercial areas, and amenities, such as parks and schools. The Future Land Use Map can also be used to identify priority areas for conservation and open space. When future development is proposed within the County, the general recommendations of the future land use map form the basis for future zoning designations and updates to zoning and subdivision regulations. While designations found on the future land use map generally indicate the intended primary use and suggested residential density for a particular area, zoning districts specifically define allowable uses and contain the design and development regulations for those intended uses. Zoning sets the policies and laws governing the use, bulk, height, density, and other physical or operational characteristics on a specific site. The development of a future land use map for Gallatin County was identified as a key short-term goal of the 2021 Gallatin County Growth Policy and was initiated in Fall 2023. This process includes additional public review and approval by the County Planning Board and County Commission. A Gallatin County future land use map could be used to guide the application of the Growth Policy at different geographic scales throughout the County in addition to the Land Planning Map and Matrix in Chapter 5 of the Gallatin County Growth Policy. The development of the Future Land Use Map will be guided by the Growth Policy’s vision and grounded in the realities of existing development in Gallatin County, as identified in the map and matrix. Implementation Strategy Development of a future land use map is a priority short-term goal of the Gallatin County Growth Policy and is being led by the Gallatin County Planning Department, will involve a community engagement process, and should include coordination with the future land use maps of incorporated areas within the County to ensure complimentary uses along the county interface areas. The future land use map would be adopted as an element of the County Growth Policy. Subcategory Broad Scale Protections Implementation Methods ☐Capital Improvement ☐Development Code Update ☐Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☑Policy/Program Implementation Partners ☐Individual Property Owners ☑County ☑Municipalities ☑Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies Missoula County Growth Policy and Land Use Map | Missoula County, MT Flathead County Growth Policy and Land Use Map | Flathead County, MT (Partial) Current Use The County Growth Policy future land use map is under development. Recommending Plan/Source County Growth Policy; Protecting Wetlands (2008); Bozeman Community Plan 2020; required by state law for Bozeman and Belgrade 496 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 6565 1.2. Incentive Based Conservation for Individual Parcels 1.2.1. Land Acquisition Subcategory Incentive Based Conservation for Individual Parcels Implementation Methods ☑Capital Improvement ☐Development Code Update ☐Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☑Policy/Program Implementation Partners ☐Individual Property Owners ☑County ☑Municipalities ☑Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies Montana DNRC | Land Acquisition Portfolio Habitat MT Fund and Headwaters Community Housing | StoryMill Park Current Use Minimal Recommending Plan/Source County Growth Policy, PRAT Plan, 2020 Bozeman Community Plan Overview Direct land acquisition uses funds from grants, bond measures, or state/federal programs, general funds, land dedication, park impact fees, land swaps, or other local, state, and federal sources. Direct acquisition is an effective tool because it pays landowners for conservation and demonstrates a dedication from the local government to advancing conservation, public health, safety and welfare, and public recreation goals. Across Montana local, state, federal, and private entities often purchase land for these purposes from landowners. Lands that are constrained are often dedicated or purchased based on their usable value. Land acquisition is a reliable means of conserving core habitats and corridors between habitats. Gallatin County, municipalities, or local non-profit organizations can purchase land for conservation purposes. For the City of Bozeman and other municipalities, strategic acquisition of city parkland in a way that promotes the protection and enhancement of intact, contiguous sensitive lands, empowers the city to play an active role in natural resource conservation and stewardship. Parks acquired as part of land development requirements must provide recreational services for the residents of the development. Parks are a powerful tool for a sustainable future: by owning and managing natural areas, riparian corridors and wetlands in particular, the city can be better positioned to actively build climate resilience, protect wildlife habitat, and improve water quality. Implementation Strategy Gallatin County, municipalities, or local non-profit organizations can purchase land for conservation purposes. Land acquisition is accomplished through direct purchase of properties, using funding from grants, bond measures, or state/federal programs, general funds, land dedication, park impact fees, land swaps, or other local, state, and federal sources. The Sensitive Lands Plan and maps can be used to guide parkland acquisition and developer dedication in accordance with 76-3- 621 Montana Code Annotated. 497 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 6666 1.2.2. Conservation Easements Subcategory Incentive Based Conservation for Individual Parcels Implementation Methods ☐Capital Improvement ☑Development Code Update ☐Education ☐Funding Opportunity ☑Incentive ☑Legislative Initiative ☑Policy/Program Implementation Partners ☑Individual Property Owners ☑County ☑Municipalities ☑Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies Montana Land Trust Alliance | Conservation Easement FAQs Water Education Colorado | Conservation Easements Current Use Yes Recommending Plan/Source County Growth Policy; Protecting Wetlands (2008) Overview Conservation easements are voluntary agreements between the landowner and a land trust or unit of government that permanently limit the uses of the land. The specific terms of a conservation easement are negotiated between the landowner and the organization holding the easement and vary based on the conservation goals and features of the property. Terms may include limiting the size and type of development, limiting permitted land uses, and easement monitoring requirements. Conservation easements can be tiered to provide greater protections, and more restrictions, for areas sensitive to development (such as wetlands, riparian and floodplain areas, and some wildlife habitat) and can be flexible in areas where development may allow for preservation, such as agricultural lands. This tiered easement system balances the community goals of preserving sensitive areas with private property rights and accounting for future growth. Landowners choose to place a conservation easement on their land for a variety of reasons, including tax advantages and monetary compensation in some cases. While most conservation easements are non-compensatory, meaning the landowner is not paid for the conservation easement beyond the tax benefit, over 50% of conservation easements held by the Gallatin Valley Land Trust (GVLT) are “bargain sale” where the landowners received compensation for their easement. Conservation easements can also receive voluntary development incentives like density bonuses, or in combination with Transfer of Development Rights (TDR) programs or cluster developments to ensure open spaces are protected in perpetuity. A conservation easement incentive in the form of a tax benefit change is posited in the Gallatin County Growth Policy but would require a legislative change at the state-level. Purchase of conservation easements by a land trust or unit of government has been successful for properties that contain important views, are adjacent to waterways, or are agricultural lands adjacent to municipalities where development pressures are high. The purchase of conservation easements demonstrates a financial commitment to protecting sensitive areas and builds a partnership with landowners and the community. The purchase of easements can facilitate large-scale landscape preservation when conservation easements are adjacent to other protected lands. Implementation Strategy Montana is a national leader in conservation easements. The Gallatin Valley has multiple active land trusts working together with landowners and public agencies to strategically expand conservation. Continued support and partnerships are critical. Requirements for conservation easements are often included in zoning and subdivision regulations to incentivize conservation practices or permanently protect land in exchange for density bonuses, but conservation easements may be incentivized outside the community’s regulations. Local governments and partners can incentivize locating conservation easements in close proximity to one another to better support agricultural uses. Further, the state could reform tax benefits to provide a greater incentive for conservation easements, similar to those in Colorado. 498 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 6767 1.2.3. Channel Migration Zone Easements Subcategory Incentive Based Conservation for Individual Parcels Implementation Methods ☐Capital Improvement ☐Development Code Update ☑Education ☑Funding Opportunity ☑Incentive ☐Legislative Initiative ☐Policy/Program Implementation Partners ☑Individual Property Owners ☐County ☐Municipalities ☑Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies Montana Aquatic Resource Services White Paper Current Use No Recommending Plan/Source Literature Review, Working Group Overview The Channel Migration Easement (CME) program is a new type of conservation easement in which landowners within the river’s 100-year channel migration zone agree not to armor the river banks to stop natural erosion and sediment deposition. CMEs pay riverbank landowners to let a large river migrate naturally across the floodplain, so that the important processes of erosion and sediment deposition can continue. They protect the financial interests of landowners, while preserving the river’s natural functions and protecting vital aquatic habitat. The CME would support conservation and restoration of waterways for protection of clean water resources for humans and wildlife. CMEs are designed carefully and flexibly to give the river room to roam within the historic channel migration zone, but landowners set the boundaries. Prior to implementing a CME, landowners are provided channel migration zone maps, indicating what parts of their property are more subject to erosion and deposition over time. In return, the landowner is financially compensated for potential losses from future channel migration or flooding — protecting their financial interests while preserving the river’s ability to freely migrate across its floodplain and create aquatic habitat in perpetuity. Landowners are compensated for giving up their right to install features such as armor, levees, dikes, or flow deflectors that reduce a river’s ability to naturally migrate and access its floodplain. The CME option is especially attractive to landowners who wish not to spend up to hundreds of thousands of dollars to install riprap, and risk losing that riprap in a high flood event, but instead receive compensation for lost land either through a direct cash payment or through tax deductions for a donated conservation easement. Landowners retain their rights to manage their acreage for agricultural production, irrigation, recreation, etc. Implementation Strategy Similar to regular conservation easements, willing landowners voluntarily enter into an agreement with a land trust to document the existing conditions and detail the future restrictions. The conservation easement is a long-term agreement between the landowner and land trust to monitor the property. Typically the entire property is placed under an easement. The process to establish a channel migration easement includes: landowner engagement, due diligence, easement and land appraisal, developing and finalizing easement terms, agency review and approval, and landowner acceptance. Channel migration easements may include a fundraising stage, depending on the landowner’s willingness to donate the easement for tax purposes. The process concludes with the full execution of a final purchase and sale agreement, closing the transaction, and recording of the conservation easement on the property title. Coordination with local watershed groups to monitor, restore, and enhance may be beneficial. 499 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 6868 1.2.4. County Open Space Levy & Program Subcategory Incentive Based Conservation for Individual Parcels Implementation Methods ☐Capital Improvement ☐Development Code Update ☑Education ☑Funding Opportunity ☐Incentive ☑Legislative Initiative ☐Policy/Program Implementation Partners ☑Individual Property Owners ☑County ☐Municipalities ☐Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies Gallatin County, MT Open Space Levy Application Gallatin County, MT Open Space Levy 2023 Funded Projects Blaine County Land, Water & Wildlife Program | Blaine County ID Current Use Yes – expires in 2033 Recommending Plan/Source Literature Review Overview The Gallatin County Open Space Tax & Program, also known as the Open Space Levy, was passed by Gallatin County voters in 2018. The Open Space Levy functions like a purchase of development rights where development rights are purchased by Gallatin County and extinguished. Similar to TDR programs, The Open Space Levy is voluntary and requires a property owner to be willing to sever their development rights from the physical land. Like many other recommendations, a conservation easement is usually placed on lands where development rights are sold to prevent future development. The Gallatin County Open Space Levy allows the County to levy up to 4.5 mills annually for open space-related purposes consistent with the ballot language. Of the 4.5 mills levied, 0.5 are transferred to the parks fund for capital improvements and maintenance needs of County-owned parks. The remaining mills are split between “Conservation Projects” (81%) and “Other Eligible Projects” (19%). Conservation Projects are related to the purchase of land and conservation easements to conserve farm and ranch lands, provide recreation, protect water quality of streams and rivers, manage growth, and protect wildlife areas. Other Eligible Projects are capital improvements and maintenance projects that support the purpose of the Open Space Levy. Funds not allocated can be rolled over to the next fiscal year. The Open Space Levy is set to expire at the end of the 2033 fiscal year. Applications for “Conservation Projects” can be submitted in the fall, and the “Other Eligible Projects” application cycle occurs in the spring. Applications for both types of projects are reviewed by the Planning and Community Development Department in conjunction with the Open Lands Program administrator and the Board of County Commissioners, applicable citizens’ advisory committees, and stakeholders based upon administrative policies and processes, and the scoring criteria identified in the application forms. Implementation Strategy Renewal of the Open Space Levy would require a vote by the Board of County Commissioners and approval by the Gallatin County voters on the ballot. The Sensitive Lands mapping could be used as a way to objectively score future allocations. 500 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 6969 1.2.5. Transfer of Development Rights Subcategory Incentive Based Conservation for Individual Parcels Implementation Methods ☐Capital Improvement ☐Development Code Update ☐Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☐Policy/Program Implementation Partners ☐Individual Property Owners ☑County ☑Municipalities ☐Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies Conservation Tools | TDR Overview Center for Land Use Education | TDR Overview Blaine County TDR Program | Blaine County, ID King County TDR Program Overview Current Use None Recommending Plan/Source County Growth Policy; Bozeman Community Plan, Protecting Wetlands (2008) Overview Transfer of development rights (TDR) programs are voluntary programs which allow landowners to sever their development rights from the physical land, and those separated development rights become a tradable commodity that can be bought and sold. When a landowner chooses to separate some, or all, development rights, the property is preserved through a conservation easement, similar to cluster developments. TDR programs require a willing seller and buyer for the development right, but participation in the program is voluntary. The goal of TDR programs is to direct development away from areas that communities want to preserve – known as sending areas – and into areas where development is more appropriate – known as receiving areas. Development transfers within a TDR program may be either contiguous or non-contiguous, depending on the program standards. Sending areas are generally areas of “high-value”, whether that be historic, cultural, agricultural, or ecological value, whereas receiving areas are areas where there is availability of facilities, services, public transit, and proximity to existing development. Like other recommendations, TDR programs are most effective when they are combined with other conservation tools like density bonuses, cluster development standards, and natural resource setbacks. The most successful TDR programs – those that result in numerous development rights transfers which protect desired areas – have strong community support, capacity for municipalities to service additional development, few alternatives to TDR programs, landowners willing to sever development rights, high demand for bonus development, and customized receiving areas. Demand for bonus development and customized receiving areas are noted as defining features of successful TDR programs because without a demand for bonus density, or base zoning allowances in the receiving areas that allow for additional density, there is no incentive to pay for additional development rights. Similarly, customized receiving areas are key to a functioning TDR program because they ensure that there is infrastructure capacity to serve the development, that increased density is compatible with existing development and the comprehensive plan, and that density is permitted in locations where developers perceive there is a market for higher density. The use of a bank, or clearing house, for facilitating development transfers has also been effective by allowing the sale of development rights without needing to locate a buyer for that development right. Implementation Strategy Development of a TDR program would be most effective if the effort were combined with a countywide future land use map (FLUM) or zoning effort. Sending and receiving areas within a TDR program can be designated on a FLUM and/or as a zoning overlay in the zoning regulations. Sending and receiving areas should be in alignment with the Gallatin County Growth Policy, City of Bozeman Comprehensive Plan, sensitive lands mapping, and meet the needs of the community. 501 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 7070 1.3. Subdivision and Housing 1.3.1. Subdivision Regulation Reform Subcategory Subdivision and Housing Implementation Methods ☐Capital Improvement ☑Development Code Update ☐Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☐Policy/Program Implementation Partners ☐Individual Property Owners ☑County ☑Municipalities ☐Non-profits/Land Trusts ☐State/Federal Agencies Current Use Subdivision regulations in both the City of Bozeman and Gallatin County could be updated to promote development with a greater focus on sensitive area protection. Bozeman is currently in the process of updating the Unified Development Codes. Waterbody setbacks, buffers, and no disturbance areas are in place but could be improved. Bozeman Unified Development Code Section 38.410.100 Watercourse setback, Division 38.600 Floodplain Regulations, and Division 38.610 Wetland Regulations Recommending Plan/Source Protecting Wetlands (2008); Literature Review; PRAT Plan Overview Subdivision reform can refer to a variety of subdivision regulation updates from development standard requirements, procedural changes, and impact mitigation. In order to preserve sensitive areas, subdivision reform in Gallatin County and the City of Bozeman should focus on developing specific development standards related to sensitive lands, as directed by the Gallatin County Growth Policy. The Gallatin County Growth Policy states that development of all types should minimize impacts to or from hazardous and/or ecologically-important features of the environment and provides the following list of considerations for updates to the subdivision regulations: Concurrent Infrastructure •Potable water •Wastewater and sewer •Solid waste service •Roads and bridges •Pedestrian/bicycle facilities •Power and other utilities •Public Services •Fire protection •Emergency medical •Law enforcement •School capacity •Libraries •Parks and open space •Topographical Features •Wildfire risk •Flood risk •High water table •Geohazards (slopes, landslides, fault zones, avalanches, etc.) •Water conveyance facilities •Watercourses •Wetlands •Wildlife and haxbitat •Prime farmland •Dark sky lighting Montana Fish, Wildlife & Parks has compiled a set of fish and wildlife recommendations for subdivision development in the state. These recommendations are primarily intended to guide FWP field biologists when they receive subdivision-related requests for information and input from local governments and subdivision applicants. Recommendations are included for waterbodies, big game winter range, native grasslands and habitats, among others. Topographical Features It is important to note that subdivision regulations apply countywide even though Gallatin County is only partially zoned. This means that Gallatin County could further develop setback requirements, wildlife corridor buffers, and wetland mitigation measures based upon sensitive lands mapping. Gallatin County already applies watercourse setbacks and mitigation. 502 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 7171 Examples and Case Studies Montana Fish, Wildlife & Parks Recommendations for Subdivision Development Waterway, Riparian Area, and Floodplain Buffers A Planning Guide for Protecting Montana’s Wetlands and Riparian Areas (starting page 34) MT Counties with Riparian setback standards (2009 doc) Setbacks and Buffers from Active Agricultural Lands Sustainable Development Code | Setbacks and Buffers between Non-Agricultural and Agricultural Areas American Farmland Trust | Farms Under Threat: The State Of The States Skamania County, WA, Code of Ordinances § 22.14.010 Building Envelope Designation Teton County, WY Section 5.1.1. Waterbody and Wetland Buffers: Details no-build and on- improvement zones in wetland and waterbody setbacks Waterway, Riparian Area, and Floodplain Buffers Riparian areas, including the upland channel, as well as floodplains that receive intermittent runoff, are highly valuable as corridors for wildlife movement and are important to ensuring water quality. In addition, these areas provide valuable habitat for wildlife, serving as food sources and vegetative structure for nesting and camouflage. Due to their high ecological value, these natural areas should be preserved to the greatest extent possible. Many Montana communities have adopted riparian and floodplain setback standards of varying widths. Setbacks should be tailored to the local conditions and should consider topography, soils stability, hydrology, and site-specific factors to ensure that setbacks will be effective in preventing development within sensitive areas while still balancing private property rights. To preserve the integrity of the protected areas within the buffers, buffers should remain free of structures, developed recreational amenities, and any grading or soil and vegetation disturbance actions. Additionally, access to these protected areas by off-road vehicles should be prohibited, to reduce negative impacts to wildlife, floodplain protection, soil erosion, and to protect the native vegetation. Recreational activities not requiring developed recreation amenities like permeable paths, permeable parking areas, or permanent disturbance of vegetation or soils are generally permissible within buffers. Related to development setbacks are maintenance and invasive species control measures which can be developed for floodplain and riparian areas. Setbacks and Buffers from Active Agricultural Lands Similar to waterbody and riparian area setbacks, active agricultural land setbacks can provide a buffer between active agricultural operations and other potentially conflicting uses to protect active agricultural operations and reduce nuisance complaints filed against farmers and ranchers based on noise, dust, odors, etc. Setbacks are the defined distance between a use of structure and the edge of the property line or another use or structure. Most communities identify building and use setbacks from the property lines to mitigate negative impacts and incompatible uses. Setbacks are commonly used between potentially incompatible uses and structures to mitigate land use conflicts. Setbacks and buffers from active agricultural operations have setback requirements on the lot that will be used for nonagricultural purposes, which can help discourage or reduce development in agricultural areas or setbacks may be focused on lot with the active agricultural operation. Buffers, including vegetation, fences or walls, or other screening options may be required in conjunction with or in place of setback requirements. The uses which require setbacks and buffering vary from community to community. Some communities require setbacks only for specific types of development such as condominiums and residential subdivisions, and some communities require minimum setbacks for all new development adjacent to agricultural land. Setbacks do not have to be a fixed number and can be on a sliding scale based on the intensity and size of the uses, as well as site-specific features. 503 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 7272 Building Envelope Designation Often paired with setbacks and buffers are specific no-build zones and/or designated building envelopes to prevent development in hazardous or sensitive areas. Building envelopes are often designated on a subdivision plat or site plan to specify where buildings or other structures may be located. Building envelopes shown on a subdivision plat are legally binding and often require an administrative application procedure to relocate the building envelope. In tandem with designated building envelopes are no-build zones, which are areas where the erection of any temporary or permanent building or development is prohibited, such as the area within a setback or areas outside a designated building envelope. Additionally, depending on the sensitivity of the resources, some communities specify areas within a setback where no-improvement zones which prohibit the placement of any structures or fences; motorized vehicle access; site disturbances like grading, road construction, or parking areas; landscaping, planting of nonnative species, or disturbance of native riparian vegetation. Implementation Strategy The setbacks and buffers detailed above can be used alone, or in conjunction with other best management practice tools like cluster development. The setback requirements are detailed in zoning and subdivision regulations. Requirements to designate building envelopes on a subdivision plat or site plan and designation of no-build or no-improvement zones would require updates to the zoning and subdivision regulations. The requirements to designate building envelopes or no-build and no-improvement zones are usually based on setbacks and other natural and cultural resources protections within zoning and subdivision regulations or in other state or federal regulatory documents. Subdivision reform, like zoning regulation reform would be led by the planning departments and would include a full public process including public meetings, a steering committee, public comment period, and public hearings. 504 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 7373 1.3.2. Consider Protection Measures when Implementing PUDs/PDZs Subcategory Subdivision and Housing Implementation Methods ☐Capital Improvement ☑Development Code Update ☐Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☐Policy/Program Implementation Partners ☐Individual Property Owners ☑County ☑Municipalities ☐Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies Limiting PUDs Near Sensitive Natural Areas FAQ | Sustainable Development Code Kane County Subdivision Regulations §19-137 | Kane County, IL Teton County Subdivision Regulations (2013 archive; were revised in 2022) | Teton County, ID Current Use PDZs and PUDs are allowed in some areas by both the City of Bozeman and Gallatin County development codes. Recommending Plan/Source Literature Review Overview Gallatin County’s development code allows for Planned Unit Developments (PUDs) and the City of Bozeman’s development code allows for Planned Development Zones (PDZs), which are negotiated developments that deviate from the standard subdivision and zoning requirements. PUD/PDZs provide flexibility in design to allow for creative development and often allow for increases in density beyond what traditional zone districts allow. However, the flexible standards and increased density in sensitive areas can be detrimental to preservation. Due to the fragility of many of the same sensitive areas identified in this plan (wetlands, riparian areas, priority wildlife habitats, productive agricultural lands, etc.), many communities prohibit the use of PUD/PDZs which allow for increased density in sensitive areas. Teton County, ID had a provision in their land development code that prohibited PUDs in some portions of the county to preserve rural character and critical wildlife areas. In 2022, when Teton County updated their development code and rezoned the county, they removed PUDs entirely. Other communities with PUD restrictions in sensitive areas require conservation easements for sensitive areas, greater open space requirements, habitat mitigation, and/or visual impact mitigation. The City of Bozeman PDZ provides another alternative to removing PUDs entirely. by allowing the applicant to request an adjustment or waiver of any non-procedural city development standards if that adjustment or waiver will contribute to reductions in water consumption, non-renewable energy consumption, or traffic generation when compared to development of a similar type under the reference base district standards. This could be broadened to apply to other sensitive area protections like wildlife habitat protections, agricultural land preservation, or connectivity. Additionally, the City of Bozeman can look to existing environmental standards and benchmark systems like The Sustainable SITES Initiative, which provides a comprehensive framework for designing, developing and managing sustainable and resilient landscapes and outdoor spaces. Implementation Strategy PUD allowances in sensitive areas would require updates to City and County development codes. Updates to the PUD standards could be paired with an overall county zoning effort to achieve desired development patterns countywide. In many communities with sensitive cultural and natural resources, PUD allowances are being replaced with more tailored zoning and development standards as part of a comprehensive zoning and subdivision regulation update to better preserve sensitive areas and provide greater predictability to residents. However, the City of Bozeman PDZ process could be re-envisioned to encompass other sensitive areas identified in this plan. The Gallatin County PUD process could also be re- envisioned to more closely align with the City of Bozeman PDZ process to provide more flexibility in design, minimum lot size, and other development standards to allow for development to be directed out of sensitive lands. 505 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 7474 1.3.3. Conservation-Oriented/Cluster Development Subcategory Subdivision and Housing Implementation Methods ☐Capital Improvement ☑Development Code Update ☐Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☑Policy/Program Implementation Partners ☐Individual Property Owners ☑County ☑Municipalities ☑Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies Missoula, MT Cluster Development Model Ordinance Chesco County, PA Friends of Verde River, AZ Model Cluster Development Ordinance Current Use Yes, County has some zoning districts that allow for clustering Recommending Plan/Source County Growth Policy; Protecting Wetlands (2008) Overview Conservation-oriented development, also known as cluster development, refers to development design driven by ecological-based planning to conserve the land with the highest resource values and minimize vegetation loss, habitat fragmentation, and increase connectivity. This type of development plans with adjacent land uses in mind to maintain connectivity of open space and includes development practices, like density bonuses, transferrable development rights, and conservation easements. Conservation-oriented development enables developers to capitalize on premiums that home buyers are willing to pay for access to natural amenities, but protected land is often managed by a homeowners’ association. Conservation-oriented development presents a compact layout, reduces number and length of roads and driveways, works with the natural flow of streams, and site development, staging, and storage is located in previously disturbed areas. Cluster development allows for grouping of residential structures by reducing minimum lot area requirements and incorporating the remaining area as open space. Cluster development has been effective in reducing impacts to wildlife, protecting natural resources, and minimizing disturbance. Implementation Strategy Clustered development is often implemented through zoning and subdivision regulations and are often paired with density bonuses to catalyze their use. In the implementation of cluster development standards, it is important to consider where clustering is allowed and what water and wastewater provision will look like. Cluster development can be achieved without requiring community water and wastewater systems depending on density and lot size. Best practice is to encourage new development to tie to existing municipal or water/sanitation district systems. Requiring community well and septic systems for density bonuses could disincentivize the use of density bonuses due to state and federal requirements for maintenance and operation of community water and wastewater systems. Allowed cluster development densities should be aligned with any applicable zoning regulations and future land use designations. 506 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 7575 1.3.4. Density Bonuses Subcategory Subdivision and Housing Implementation Methods ☐Capital Improvement ☐Development Code Update ☐Education ☐Funding Opportunity ☑Incentive ☐Legislative Initiative ☑Policy/Program Implementation Partners ☐Individual Property Owners ☑County ☑Municipalities ☐Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies Colorado Department of Local Affairs Planning for Hazards Toolbox Density Bonus Model Code Montana Department of Transportation | Density Bonuses Whitefish, MT Density Bonus Program Missoula, MT Density Bonus Program Current Use None (However, the City of Bozeman’s PDZ program provides some flexibility if certain criteria are met) Recommending Plan/Source County Growth Policy; Literature Review Overview Density bonuses allow increases in the maximum allowed density in an area or zone district in exchange for providing community benefit. As an incentive for providing community benefit which meets defined community goals, density bonuses provide developers the ability to meet financial metrics at the time of subdivision. Density bonuses provide a direct incentive to a developer without requiring complex negotiations often associated with transfer of development rights (TDR) programs. Density bonuses can be used to accomplish land preservation, affordable housing development, historic preservation, infill development, and transferring density. A density bonus program can be developed as a standalone tool, but more commonly, density bonuses are used in tandem with other conservation tools to catalyze use. Density bonuses vary greatly in scale and success. The most successful programs are in communities with strong market demand for land but limited available land. When the bonus is not high enough to provide a true incentive for development, or where there is ample land, programs are underutilized. Programs that are highly utilized are also designed to provide density bonuses to address multiple community goals, rather than singularly-focused programs. Density bonuses programs allow increases in density through reduced minimum lot sizes, increased number of dwelling units, increased height allowances, increased Floor Area Ratio or increased square footage allowances. Density bonus programs can be designed to allow relief from standards which may inherently limit the allowed density in an area, such as reduction in parking requirements, building setbacks, or site disturbance maximums. Many programs provide tiered bonuses where the degree of increase is dependent upon the level of community benefit. Implementation Strategy Density bonus programs are included in the county’s or municipalities’ zoning and subdivision regulations. Density bonus programs can be developed as a standalone tool but are more commonly used with cluster subdivisions, TDR programs, and conservation easements to incentivize their use. The most effective density bonus programs have administrative approval and clear criteria. If density bonuses require extra public hearings or subjective criteria for approval they will rarely be used due to the real or perceived risk of delay and additional cost. In the implementation of density bonuses, it is important to consider where they are allowed, the criteria for receiving the bonus, and water and wastewater provisions. Density bonuses can be achieved without requiring community water and wastewater systems depending on final density and lot size. Best practice is to encourage new development to tie to existing municipal or water/sanitation district systems. Requiring community well and septic systems for density bonuses could disincentivize their use due to state and federal requirements for maintenance and operation of community water and wastewater systems. Allowed densities should be aligned with any applicable zoning regulations and future land use designations. 507 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 7676 1.3.5. Septic Restrictions Subcategory Subdivision and Housing Implementation Methods ☐Capital Improvement ☑Development Code Update ☐Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☐Policy/Program Implementation Partners ☐Individual Property Owners ☑County ☑Municipalities ☐Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies US Environmental Protection Agency Septic System Types Mason County, WA Shared Septic System Standards Current Use Yes – Needs improvement Recommending Plan/Source Literature Review Overview In areas of high groundwater requiring enhanced treatment systems or engineered wastewater systems has been effective in mitigating water contamination due to septic and wastewater systems. Wastewater system limitations may vary depending on how restrictive they are, ranging from prohibiting individual septic systems, to permitting them under limited circumstances, to requiring enhanced treatment systems. These restrictions may be implemented separately or in conjunction with one another, depending on the jurisdiction and permitting agency (local or state Department of Environmental Quality). Continued use of individual septic and well systems on small lot subdivisions is not sustainable from the standpoint of maintaining valley groundwater and river water quality. As a result, decentralized waste systems, commonly referred to as community or shared septic systems, have begun to rise in popularity due to their ability to allow multiple users to connect to a shared septic tank or field. In many cases, shared septic systems have been encouraged because they allow for smaller lot and clustered development that can preserve open space, mitigate water impacts, and protect wildlife habitat. However, many developers are hesitant to use shared septic systems because of the high construction costs, state regulations regarding operations and maintenance of systems, and possible civil issues between users regarding maintenance and repair of the system. Long-term operations and upkeep of shared systems can pose a burden for landowners who are not trained in the complexity and legalities of operations. Best practice is to encourage new development to tie to existing municipal or water/sanitation district systems. Requiring community well and septic systems for development could disincentivize the use of specific development incentives or tools in this plan due to state and federal requirements for maintenance and operation of community water and wastewater systems. Implementation Strategy Requirements for wastewater treatment are a combination of requirements from DEQ and regulations adopted by the City-County Board of Health. Coordinate with the Gallatin City-County Health Department during the 2024 County Health Code update to revise onsite wastewater disposal design and permitting requirements. 508 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 7777 1.3.6. Stormwater Management Subcategory Subdivision and Housing Implementation Methods ☐Capital Improvement ☑Development Code Update ☐Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☐Policy/Program Implementation Partners ☐Individual Property Owners ☑County ☑Municipalities ☑Non-profits/Land Trusts ☑State/Federal Agencies Examples and Case Studies Stormwater Management and Low Impact Design Model Code Billings, MT | Stormwater Management Manual Missoula County, MT | Stormwater Management Division Standards Sidney, MT | Stormwater Management and Erosion Control Ordinance Current Use Yes Recommending Plan/Source Literature Review Overview Stormwater management standards define specific design site design and generally includes purpose, applicability, and design standards sections. The applicability section should consider the extent of the stormwater issues in the community, and the threshold when stormwater management standards apply. Standards may be tiered to increase standards as the intensity of proposed development increases, and possibly exempt certain types of development from compliance with the standards. Most stormwater management standards that mandate any type of low-impact development establish a broad requirement that post-development stormwater runoff rates be the same as or less than pre-development rates. Additionally, most stormwater management standards mandate stormwater retention and treatment, impervious surface coverage limits, building coverage limits, parking lot design standards, and landscaping or screening requirements. Some communities have also developed subdivision and lot design standards and some communities have gone as far as to develop incentives to encourage greater stormwater management practices. Stormwater management standards can be developed as a stand-alone chapter of a zoning or land development code, or they may be integrated into a development standards chapter including other site development standards including access and connectivity, erosion and sediment control, open space, parking standards, and sensitive area protections. Some communities have also adopted stormwater management separate from the community’s zoning regulations as technical engineering manuals, stormwater master plans, or other similar documents. Implementation Strategy Stormwater management standards implemented through the state subdivision requirements. Stormwater management standards may be adopted as a standalone chapter in the Zoning Regulations, or incorporated into an overall development standards chapter. These standards may also be adopted as a standalone technical document or manual, as well as implemented through design and management of park and facility capital projects. 509 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 7878 1.4. Implementation Capacity 1.4.1. Revise Environmental Assessment Requirements Subcategory Implementation Capacity Implementation Methods ☐Capital Improvement ☑Development Code Update ☐Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☐Policy/Program Implementation Partners ☐Individual Property Owners ☑County ☑Municipalities ☐Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies Gunnison County, CO Environmental Analysis Teton County, WY Environmental Analysis Pre-Application Checklist Current Use An environmental assessment is required for subdivisions in Gallatin County but not for development in the City of Bozeman. Recommending Plan/Source Literature Review, PRAT Plan Overview An environmental assessment is a site-specific analysis identifying key wildlife habitats and environmental resources and identifying required mitigation measures for each development to facilitate the connection and continuity of natural resource areas (streams and ditches, floodplains, wetlands, riparian areas, tree and plant species, soils, etc.). Some communities require a habitat analysis for all subdivisions and development proposed in areas mapped as high priority habitat or sensitive areas, and some only require a habitat analysis when physical development like grading or construction is proposed. Included in the full environmental assessment are a map of the property depicting wildlife activity patterns, streams and ditches, floodplains, wetlands and riparian areas, trees, critical habitats and plant species, and soils; identification of any species that use the property that are listed as endangered, threatened, or are species of special concern; and an impact report describing the impact of the proposed development on the identified habitats and natural resources. The impact report is required to evaluate the discrete and cumulative impacts of the proposed development on the identified wildlife species or natural resources and the time periods during which wildlife will be affected. The impact report would be accompanied by a mitigation plan that describes how the proposed development mitigate impacts of development on wildlife. The Gallatin County environmental assessment which is required as part of the subdivision process fills this role for new subdivision in Gallatin County, but additional language could be added to this section of the subdivision regulations to include assessment of culturally significant resources, and other sensitive areas as defined in this plan. Additionally, the City and County could look to existing environmental standards and benchmark systems like The Sustainable SITES Initiative, which provides a comprehensive framework for designing, developing and managing sustainable and resilient landscapes and other outdoor spaces. This program provides clear guidance for standards and also connects environmental outcomes with community benefit. It would also benefit Gallatin County to require the environmental assessment to be prepared by a wildlife biologist, ecologist, or similar qualified expert in consultation with the local wildlife management agency. The current subdivision regulations do not specify who is qualified to prepare the environmental assessment. In other communities with environmental assessment requirements, the county develops a list of approved consultants which can perform a environmental assessment, but some communities have hired staff to conduct and/or verify the accuracy of the environmental assessment. Implementation Strategy Revisions to the environmental assessment requirements are implemented through Gallatin County or City of Bozeman zoning and subdivision regulations, based on the sensitive areas map in this plan. 510 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 7979 1.4.2. Dedicated Natural Resource Staff Subcategory Implementation Capacity Implementation Methods ☐Capital Improvement ☐Development Code Update ☑Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☑Policy/Program Implementation Partners ☐Individual Property Owners ☑County ☑Municipalities ☐Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies Gunnison County, CO Environmental Analysis Teton County, WY Environmental Analysis Pre-Application Checklist Current Use Staff: Limited, many County and City staff have a background in natural resource management but their role is not dedicated to this. Recommending Plan/Source Literature Review, PRAT Plan Overview Currently many Gallatin County and City of Bozeman staff have a background in natural resource management, but their role is not dedicated to natural resource or sensitive lands protection. Dedicated natural resources staff for either the City or County, that are independent from the Planning Board, could serve a variety of roles including supporting and strengthening the City/County departments that provide review, professional development for existing staff, hiring staff with natural resource expertise, including a standing natural resource position on community development/planning boards, creating a specific Sensitive Lands Board. Additionally, the implementation of any existing or new rules/regulations for protecting sensitive lands comes down to having knowledgeable people engaged in the process. Having trained and dedicated natural resource staff would provide technical expertise and experience with implementation of many of the tools listed in this plan. Specifically, hiring dedicated staff to verify the environmental assessment recommendations could provide additional benefit to the planning staff by providing expertise and education on habitat and environmental resource protection and mitigation. Dedicated county/city natural resource staff could also allow natural resources to be considered in the design process before developments are too far underway. Further, the analysis could facilitate the connection and continuity of natural resource areas (streams and ditches, floodplains, wetlands, riparian areas, tree and plant species, soils). Implementation Strategy Hiring of a dedicated environmental staff member would be the responsibility of the county or municipality. Staff should be integrated in reviewing and updating this Sensitive Lands Protection Plan. 511 ChAPTER 4: OUR SOLUTIONS 8080 Subcategory Water Quality Implementation Methods ☑Capital Improvement ☑Development Code Update ☐Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☑Policy/Program Implementation Partners ☐Individual Property Owners ☑County ☑Municipalities ☐Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies Gallatin County, MT Floodplain Ordinance Gallatin County, MT Floodplain Home Page Current Use Yes – needs to be improved Recommending Plan/Source Protecting Wetlands (2008) 1.4.3. Maintain high Quality Data for Floodplain, Wetlands, and Channel Migration Zones Overview The maps of watercourses in the Lower Gallatin Watershed including the miles of streams and rivers, canals, and ditches, can become outdated or inaccurate if not maintained. This inhibits the ability of landowners to understand constraints and inhibits the ability of Gallatin County to proactively plan for their protection. Updated mapping of floodplains and channel migration zones (CMZs) would also support the recently adopted Gallatin County floodplain regulations (effective May 4, 2023). Accurate wetland mapping requires on-the-ground assessment and delineation. Jurisdictional determination as to whether a wetland is in fact a regulatory wetland under the Clean Water Act (CWA) (i.e., falls under the definition of a “water of the U.S.”) is a big challenge that affects wetland mapping. Further this definition and what is determined jurisdictional has been in flux. Local permitting and mitigation process for impacts to wetlands which fall outside the jurisdiction of the US Army Corps of Engineers is needed. Local governments may choose to regulate ‘wetlands’ that fall outside of the water of the US definition. Implementation Strategy Updated floodplain mapping is the responsibility of FEMA and updated CMZ mapping was recently completed with grant funds as part of a larger project in the Upper Missouri River watershed. Federal floodplain data sets are available, as well as state datasets for waterbodies, but Gallatin County and the municipalities should check these data sets for accuracy prior to use. After mapping is updated, additional tools would be required for enhanced preservation of wetlands and waterways. Wetland mapping updates are maintained by the Montana Natural Heritage Program. City of Bozeman staff are currently working on updating their wetland code per policy direction of the City Commission. Local government should work with Montana Natural Heritage Program to maintain a GIS layer of delineated wetlands as they occur with development and identify at the time delineation, which ‘wetlands’ are CWA regulated, and non-CWA regulated. Existing Permitting for proposed work in streams, wetlands, floodplains, and waterbodies Compliance with these permits are required by state or federal law. Additional education and outreach should be implemented to ensure compliance. Natural Streambed and Land Preservation Act (310 Permit Program) Montana Stream Protection Act (124 Permit) Clean Water Act Section 404 Permit 512 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 8181GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 1.4.4. Wetland Mitigation Banking Theme Water Implementation Methods ☐Capital Improvement ☐Development Code Update ☐Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☑Policy/Program Implementation Partners ☑Individual Property Owners ☑County ☑Municipalities ☑Non-profits/Land Trusts ☑State/Federal Agencies Examples and Case Studies US Department of Agriculture NRCS Wetland Mitigation Banking Montana Department of Transportation Wetland Mitigation Banking Program Sacajawea Audubon Society Wetland Mitigation Bank Program Montana Wetland Mitigation Banks Current Use Partially, MDT has a wetland mitigation banking program. Other impacts are mitigated to the Upper Missouri Mitigation Bank on the Jefferson in Twin Bridges. Recommending Plan/Source Protecting Wetlands (2008) Overview Wetland mitigation banking is the restoration, creation, or enhancement of wetlands in an area, to compensate for unavoidable development impacts to wetlands at another location. Wetland mitigation banking is commonly used for impacts due to new development but may also be used for impacts due to agricultural practices. The US Department of Agriculture developed the Wetland Mitigation Banking Program as a competitive grants program that supports the development and establishment of wetland mitigation banks to make credits available for agricultural producers. For small impacts and impacts to non-jurisdictional wetlands, the City of Bozeman/Gallatin County can develop local codes and ordinances to guide mitigation and require off-site enhancements to wetlands. Wetland mitigation banks are most effective when there are a number of projects which have unavoidable impacts to wetland and/or stream resources and where there is an opportunity to off-set those impacts by enhancing or restoring another wetland in the region. Within Gallatin County, the Sacajawea Audubon Society is working to revitalize the Indreland Audubon Wetland Preserve on the east side of Bozeman and turn it into a mitigation bank. According to the Sacajawea Audubon Society website, the intent of developing this wetland mitigation bank is “to provide a local wetland mitigation option to help offset wetland impacts occurring specifically in the Bozeman and Gallatin Watershed area.” The mitigation bank is proposed to be developed in conjunction with Montana Freshwater Partners (formerly Montana Aquatic Resources Services) in order to provide technical expertise and guidance on the cost-benefit-risk analysis of the proposed mitigation bank project, as well as regulatory expertise. This wetland bank would hold credits for developers to purchase whose projects would fill or destroy wetlands in the area. Money used to buy the credits would fund the protection or restoration of other wetlands. Implementation Strategy Wetland mitigation banks are often implemented by developing a program in conjunction with landowners, conservation agencies, neighboring local governments, and ecologists. The program should take into account current and desired development patterns, private property rights, sensitive lands mapping, and best practices to ensure the program is sustainable long-term. 513 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 8282 1.5. Planning 1.5.1. Regional Infrastructure Planning Subcategory Transportation Planning Implementation Methods ☑Capital Improvement ☑Development Code Update ☐Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☑Policy/Program Implementation Partners ☐Individual Property Owners ☑County ☑Municipalities ☐Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies FHWA | Environmental Review Toolkit Current Use Yes, updates needed Recommending Plan/Source Gallatin County Growth Policy, Bozeman Community Plan, Triangle Community Plan Overview Regional infrastructure planning can be used to minimize Gallatin County’s impacts to sensitive lands by directing transportation, water supply, and wastewater planning. By encouraging residential development in areas in proximity to, and with connections to, established infrastructure and incentivizing infill and growth around areas designated for urban growth impacts to wildlife, water systems, and connectivity can be reduced. Development should be encouraged where existing infrastructure, services, and utilities are provided. Gallatin County has a goal to achieve compact, contiguous development and infill, well-planned transportation systems, adequate service provision for community cores and residential areas, and opportunities for agriculture, industry, and business. Transportation projects often produce unintended consequences for wildlife and habitat. Wetlands, watersheds, and waterways are vital parts of the natural ecosystem and require careful planning to avoid, minimize, and mitigate damage to them as a result of transportation projects. The Federal Highway Administration (FHWA) provides information and guidance to Federal, State, and local agencies in order to preserve the function and integrity of the Nation’s wetlands and aquatic ecosystems and how to incorporate habitat and species conservation into planning efforts. Transportation projects should include provisions for maintaining habitat connectivity, such as wildlife crossings. Further compact and efficient transportation systems can improve air quality by reducing vehicle miles traveled thereby limiting stress on the ecosystem. Implementation Strategy Coordination between Gallatin County and municipal jurisdictions and unincorporated communities will be needed to encourage efficient infrastructure networks and growth planning. The Gallatin County Growth Policy identifies the creation of a County-wide Transportation Plan as a mid-term priority. During the development of a Transportation Plan, additional partnerships with FWP, MDT, and other agencies can be built upon to integrate wildlife movement and migration into transportation planning and documents. 514 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 8383 2. Tier 2 Additional Recommendations Available 2.1. Continue Working Group as Sensitive Lands Advisory Committee Implementation Methods ☐Capital Improvement ☐Development Code Update ☐Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☑Policy/Program Implementation Partners ☐Individual Property Owners ☑County ☑Municipalities ☐Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies Gallatin County Open Lands Board Larimer County Open Lands Advisory Board | Larimer County, CO Environmentally Sensitive Lands Oversight Committee | Sarasota County, FL Land Acquisition Committee | Flagler County, FL Current Use Partial, the Gallatin County Open Lands and Planning and Community Development boards as well as the City of Bozeman Sustainability Board provide some of this role. Recommending Plan/Source Literature Review Overview Advisory committees are often developed following planning efforts to implement the plan and monitor the outcome of new recommendations that result from those planning efforts. Continuation of the Working Group as a Joint Sensitive Lands Advisory Committee charged with reviewing county and city policies, new plans, and regulations, could ensure that the sensitive lands mapping and recommendations from this plan are taken into consideration for new development within Gallatin County. This advisory committee would be non-regulatory and function similarly to the joint planning coordination committee. Implementation Strategy The continuation of the working group as a Joint Sensitive Lands Advisory Committee would require development and approval of a charter by the Gallatin County Board of County Commissioners and the Bozeman City Council. Once the charter detailing the duties and responsibilities of the advisory committee is approved, appointment of members would be confirmed by the City Council and County Commission. 515 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 8484 2.2. Dark Sky Lighting Implementation Methods ☐Capital Improvement ☐Development Code Update ☐Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☑Policy/Program Implementation Partners ☑Individual Property Owners ☑County ☑Municipalities ☐Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies Montana IDA Chapter Missoula, MT | Outdoor Lighting Ordinance Bridger Canyon Property Owners Association | Dark Sky Lighting Whitefish, MT | Outdoor Lighting Ordinance Current Use Some areas have standards but there is no countywide standard. Recommending Plan/Source County Growth Policy; Literature Review Overview Lighting is an important safety feature in neighborhoods and can extend the use of amenities after dark, especially during the summer. However, artificial lighting can affect animals that sleep at night and can be disorienting for nocturnal animals and insects, including pollinators like moths. Artificial lighting can also disrupt reproduction and mating cycles; benefit predators to the detriment of their prey; alter migration routes; cause foraging avoidance for many species; and result in building collisions, in the case of birds. In some cases, artificial lighting has also caused mammals to avoid typical habitat areas all together. Light fixtures should be selectively placed, hooded/shielded (i.e., not emitting direct or indirect light above an imaginary horizontal plane passing through the light source), and directed downward and away from nearby natural areas. In areas with evening activities that require lighting, such as sports fields, rodeos, and event centers, the location and timing of activities should be considered and lights should be turned off when not needed. Light fixtures with motion or heat sensors may be used to keep lights off when lighting is not required. In addition to the location and type of fixture, it is important to consider the physical properties of the light that is produced. The International Dark Sky Association (IDA) recommends using lighting that has a color temperature of no more than 3000 Kelvin. The IDA has developed the Fixture Seal of Approval program to provide objective, third-party certification for lighting that minimizes glare, reduces light trespass, and doesn’t pollute the night sky. Gallatin County and the City of Bozeman’s standards for lighting in some areas do meet these recommendations. View a database of fixtures here. Implementation Strategy Dark Sky lighting can be implemented through County Zoning and Subdivision Regulations as part of the development standards portion of the regulations. Non-profit organizations and government agencies can conduct outreach and develop resources to educate building owners, designers, and contractors on Dark Sky lighting, including best practices and product sources. Incentives, such as rebates for fixtures, can be offered to promote Dark Sky lighting adoption. Dark sky lighting is increasingly important as growth continues in the valley. 516 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 8585 2.3. Develop and Publicize Land Acknowledgments Implementation Methods ☐Capital Improvement ☐Development Code Update ☐Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☐Policy/Program Implementation Partners ☐Individual Property Owners ☑County ☑Municipalities ☐Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies City of Missoula Montana State University Guide to Land Acknowledgments Native Governance Center Current Use Partially – Gallatin County and the City of Bozeman are working with Tribal partners to develop land acknowledgments Recommending Plan/Source Literature Review, Constituent input Overview It is important to recognize the history of the Gallatin Valley from an Indigenous perspective as traditional and ongoing stewards of the land. According to Montana State University’s website on creating Land Acknowledgments: “Land acknowledgments are sincere statements, used by both Native and non-Native peoples, to recognize that present activities are taking place on the traditional homelands of Indigenous Peoples who have been dispossessed from these lands, are traditional stewards of these lands, and have an ongoing relationship with these lands. An authentic and sincere land acknowledgement conveys both an awareness of the injustices experienced by Indigenous Peoples and a commitment to the work of solidarity and ongoing relationship-building with them.” Land acknowledgements are typically shared at the beginning of gatherings and events and are included on public websites. This Sensitive Lands Protection Plan incorporates a land acknowledgment in the preface. As this plan was developing input, the planning team met with several Indigenous knowledge-holders that have advised and consulted with us to develop a land acknowledgement as a first step in integrating Indigenous perspectives and ways of knowing into this work. Implementation Methods In developing land acknowledgments, it is critical to engage the Indigenous community. However, engagement should go beyond land acknowledgments to truly listen, learn, consult, integrate, honor, and create meaningful partnerships with Tribal communities across everyday practices. 517 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 8686 2.4. Expanded Agricultural Land Uses/Investing in Agricultural Operators Implementation Methods ☐Capital Improvement ☑Development Code Update ☐Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☐Policy/Program Implementation Partners ☐Individual Property Owners ☑County ☐Municipalities ☐Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies Chaffee County special event, agritourism, and private land camping allowances | Chaffee County, CO Land Development Code – see table 3-2-2 Use Table on page 3-17 | Teton County, ID Current Use No Recommending Plan/Source Literature Review Bozeman Climate Plan Overview Expanding the allowed uses through reduced restrictions on agriculturally zoned properties to allow agricultural-adjacent uses which complement or support existing agricultural operations can provide an avenue for agricultural operators to continue operating rather than selling their land. These expanded uses provide secondary income for agricultural operators and generally drive economic development within the surrounding area. These uses could include uses like dude ranches, short-term rentals; camping; agri-stay; special events; private land camping; increased accessory dwelling unit allowances; agricultural exemptions from some development and subdivision standards; allowances for agricultural residences for workers; and integrated alternative energy uses. Careful consideration should be given to the impact on surrounding properties when any of these expanded allowances is contemplated. For example, while special event allowances may provide additional income opportunities for agricultural operators, the impacts on roads and public infrastructure as well as the quiet enjoyment of neighboring property owners’ land is a key consideration. Implementation Strategy The Gallatin County Growth policy includes and implementation task to develop an Agriculture Preservation Plan. Such a plan should make recommendations for expanded agricultural uses. Expanded uses for agricultural properties would be implemented through Gallatin County Zoning Regulations in the allowed uses section. The allowed uses could vary across zone districts and planning areas. Consider findings of the City of Bozeman Local Food System Preliminary Mapping Project for strategies to better support a resilient, sustainable, and equitable local food system. 518 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 8787 2.5. Improved Landscape Design and Management Implementation Methods ☐Capital Improvement ☑Development Code Update ☑Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☑Policy/Program Implementation Partners ☑Individual Property Owners ☑County ☑Municipalities ☑Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies Bozeman, MT Landscaping Standards Water Efficient Landscape Design & Development Standards | Salt Lake County, UT Montana Native Plant Guidance https://mtnativeplants.org/native-plant-landscaping/ Landscaping with Native Plants in South Central Montana Handbook Current Use Yes, City of Bozeman Recommending Plan/Source County Growth Policy 2017 Gallatin Valley Hazard Mitigation Plan 2018 Climate Vulnerability and Resilience Strategy 2020 Bozeman Climate Plan Overview The valley in the Lower Gallatin Watershed was once a paradise for fish, wildlife, and the Native Americans who traveled here to harvest foods. Over time, development has removed the rivers’ natural ability to capture and treat pollutants, provide shade, regenerate aquatic habitat, give shelter to wildlife, flood, and migrate. On-site native plants and mature trees should be preserved to the maximum extent possible. It is more cost-effective to preserve existing vegetation than to revegetate, and, once disturbed, the biological and visual integrity of a site becomes severely compromised and is complicated to restore. Native plant communities promote functional connectivity, habitat for birds and pollinator species, and wildlife movement and are well adapted to annual rainfall amounts in the region. Invasive plants prefer disturbed soils and increase fire frequency, reduce habitat quality, and out compete natives for water. If disturbance is unavoidable, salvaging of plants, surface rock, and the upper layer of soil include boxing, mechanical spading, and bare-root transplant can preserve some resources. Boulders and other surface rock may be salvaged, and incorporated back into the restoration area to retain the natural site soil, seed bank, organic material, nutrients, and beneficial microorganisms. Noxious weed mitigation programs should encourage weed reduction measures for new developments, as well as mitigation in existing areas where noxious weeds may be transplanted. As part of the City of Bozeman Unified Development Code Update, the City is creating landscape and irrigation performance and design standards for new construction projects. These standards will ensure that new homes built within City of Bozeman limits use water efficiently outdoors through the implementation of requirements for drought adapted landscaping, and efficiency requirements for irrigation systems. The City of Bozeman’s Water Conservation Division offers incentives for planting drought tolerant plants and removing turf grass through drought tolerant plant and turf removal rebates. The City of Bozeman has also hosted educational opportunities for the community to learn about drought tolerant landscaping and native plants. Improved landscape design and management can also be accomplished through creation of educational materials and education programs for residents. Implementation Strategy A requirement for preservation of native plant materials and drought tolerant landscaping are implemented through Gallatin County or City of Bozeman zoning and subdivision regulations. Native plant preservation and drought tolerant landscaping can also be incentivized through education and rebate programs like the city rebate program for removing turf. 519 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 8888 2.6. Integration of Sensitive Lands Mapping Implementation Methods ☐Capital Improvement ☐Development Code Update ☑Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☐Policy/Program Implementation Partners ☑Individual Property Owners ☑County ☑Municipalities ☑Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies King County, WA | iMap Current Use None Recommending Plan/Source PRAT; Literature Review Overview As described throughout this Plan, agencies, partners, and landowners can use the data mapping products developed through the sensitive lands modeling effort to inform land use decisions. For example, cities or counties could use the sensitive lands model result maps to guide future parkland acquisition and developer dedication. These maps are publicly available through the Sensitive Lands Plan Project Website. No GIS software or other tools are required to view it. Implementation Strategy Long-term use of the data mapping products will require maintenance to ensure the maps are kept up to date. Refer to the section below on reviewing and updating the Plan. 520 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 8989 2.7. Living with Wildlife Implementation Methods ☑Capital Improvement ☑Development Code Update ☑Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☑Policy/Program Implementation Partners ☑Individual Property Owners ☑County ☑Municipalities ☑Non-profits/Land Trusts ☑State/Federal Agencies Examples and Case Studies US Department of Transportation State DOT Wildlife Crossing Structures: Northwest / Western States City of Edmonton, Canada Wildlife Passage Engineering Design Guidelines Interagency Grizzly Bear Committee Current Use Yes - As needed Recommending Plan/Source County Growth Policy; Bozeman Comprehensive Plan EPO 1.5 and EPO 2.3 Overview Increased population and expansion into wildlife habitat increases the likelihood of human-wildlife conflicts, displacement of wildlife, and human impact on sensitive lands. There are many innovative tools that can be used to promote positive co- existence between humans and wildlife. Local agencies and non-profit organizations can develop tools and resources for landowners on funding and technical assistance opportunities. Additionally, ranchers and farmers can prevent conflicts with wildlife with electric fences, carcass removal, and range riders. Examples include: Wildlife Signage Signage may be used to warn drivers of wildlife corridors and potential crossings areas, especially where at-grade crossings are used or in areas where wildlife crossings are known but other best management practices or mitigation measures are not implemented. Signs can be standalone roadside signs, flashing or activated signage, or even trail head signs. Encouraging drivers to reduce their speed and be aware of the potential for wildlife on roads reduces wildlife-vehicle collisions, primarily only for large mammals and big game species. Bear-Resistant Waste Bins and Waste Collection Practices Taking preventative measures to keep waste away from bears and other wildlife can reduce wildlife conflicts and wildlife habituation to human food and waste. The majority of conflicts occur in residential areas. Preventative measures can include encouraging or requiring residents to store waste bins in enclosed spaces like garages or sheds or implementing bear-resistant trashcans. Municipal and private waste collection services can pilot bear-resistant waste bin programs in areas that are identified as locations where bear conflicts frequently occur or are more likely to occur. Bear-resistant waste bin programs are most successful when they are implemented in an entire neighborhood or connected area, rather than scattered throughout a waste collection area. A bear buffer zone could be established to identify key areas where bear-resistant waste bins should be implemented. Other practices such has when and how to hang bird feeders will also help reduce conflict. Education and Outreach Local agencies and non-profits can collaborate to increase outreach and awareness about living with wildlife and low-impact practices to cultivate environmental stewardship and awareness in the community. Potential programs could include promoting sustainable trail and park use through an awareness campaign, developing guides for residents and newcomers on living with wildlife and stewardship, outreach at community events, and more. Further, local schools and youth programming can be used to promote living with wildlife and the goals for protecting sensitive lands. Getting youth engaged at a young age as stewards of the lands is a long-term investment resulting in youth interested in natural resource careers and support for various funding measures. The Interagency Grizzly Bear Committee provides info and brochures on avoiding human-bear recreation conflicts. 521 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 9090 2.8. Park/Open Space Dedications and Cash-in-lieu Implementation Methods ☐Capital Improvement ☑Development Code Update ☐Education ☑Funding Opportunity ☐Incentive ☐Legislative Initiative ☑Policy/Program Implementation Partners ☐Individual Property Owners ☑County ☑Municipalities ☐Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies Blaine County, ID - wildlife overlay district, wetland overlay district, agricultural district Conservation Tools Agricultural Overlay Zoning Overview Current Use Minimal Recommending Plan/Source County Growth Policy, Bozeman Development Code Division 38.420; PRAT Plan, 2020 Bozeman Community Plan Overview Park and open space impact and mitigation fees are used to mitigate impacts on identified community assets and public amenities or to help pay for new or expanded public facilities. Impact fees are one-time fees assessed at the time of building or physical development permit submission. Open space dedication requirements are common practice across Montana and other western communities to ensure that new development pays for its impact and use of public facilities. The Montana Subdivision and Platting Act and the Montana Land Use Planning Act require local governments to adopt standards for mitigation of recreational impact by development. There are both minimum and maximum requirements. Due to the wide range of circumstances across the state there are many methods to meet park dedication requirements. Protection of habitat can be one element in considering whether or not to accept proposed mitigation. When a local government finds it most appropriate, a fee-in-lieu of dedication of land can be accepted. The fees can be used for a variety of public uses including developing new facilities or upgrades to existing facilities, but they must be spent to the benefit of the residents of the development which paid the fee. Due to restrictions in determined fee values the amount of money paid is a small fraction of the actual cost of land acquisition. Land dedicated or acquired by local governments becomes assets of the local government and an on-going maintenance responsibility with budgetary impacts. Development of dedication requirements and fee-in lieu options require a careful study of the impact each new type of development, whether it be commercial, residential, industrial, or mixed-use has on existing facilities. This impact fee study is community-specific and should be updated regularly. The City of Bozeman’s PRAT Plan recommends allowing watercourse setbacks, wetlands, and other priority conservation lands and similar acreage to contribute to dedication requirements in new developments if the project also includes community benefit improvements. Implementation Strategy Open space dedications and fees in-lieu are developed utilizing an impact fee study specific to the community and are often codified or adopted by the local government as a requirement for all new development. 522 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 9191 2.9. Wildlife Friendly Trails Implementation Methods ☐Capital Improvement ☐Development Code Update ☐Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☑Policy/Program Implementation Partners ☐Individual Property Owners ☑County ☑Municipalities ☑Non-profits/Land Trusts ☐State/Federal Agencies Examples and Case Studies Arizona Game and Fish Department Wildlife Friendly Guidelines Colorado’s Trails with Wildlife in Mind Handbook Current Use None Recommending Plan/Source Literature Review Overview Trail projects provide opportunities to improve connectivity through sensitive habitat and wildlife crossings areas to reduce impacts of edge disturbances and enhance existing crossing opportunities. Trail and recreation amenities can be used to buffer sensitive habitats, improving connectivity and encouraging wildlife crossing at safe locations. Recreational trails along the wildland-urban interface (areas where development abuts undeveloped areas) provide public greenway access while minimizing the adverse effects of this access on sensitive biological resources. Trail corridors naturally integrate well through floodplains; however, increasing the separation between the trail and floodplain both protects the trail from future maintenance and post-flood reconstruction and allows for additional buffer space for wildlife movement corridors. Trail easements can include additional buffer widths. Trail crossings of arterial roads should not overlap with wildlife crossings; separate crossings should be provided to minimize disturbance. In addition to trail buffers, thought should be given to the placement to other recreational amenities within a development. For example, locating a dog park in the interior of a development or limiting off-leash dog areas to interior lots would help minimize wildlife conflicts with dogs. Recreational amenities may also be accommodated in multi-purpose corridors. A multi-purpose corridor is a design element that integrates multiple utility functions with wildlife corridors to provide both human and wildlife benefits such as protection of environmental values and supporting wildlife habitats, floodplain management, recreation opportunities, and consolidated infrastructure corridors. For example, co-location of wildlife-friendly flood improvements along wetland and riparian areas provide for wider wildlife corridors that are more amenable to wildlife passage and provide greater buffers from development. Further, development of wildlife mitigation features could allow for the width of the corridor to be reduced as the benefits for wildlife are increased - if there is appropriate habitat with no visibility of man-made structures. Wider multi-purpose corridors with co-located utilities, paths, and open space provide for wildlife habitat and flood water conveyance while providing less reliance on structural flood mitigation measures and their associate maintenance costs. Development of key infrastructure components and improvements can also encourage development to occur in desired places because infrastructure is already readily available. Implementation Strategy The location of trails and amenities are generally identified in a community parks and trails master plan or comprehensive plan and distances of the setbacks and buffers or requirements for co-location and development of multi-purpose corridors could be implemented in Gallatin County Zoning Regulations. GVLT and other organizations have also worked to implement trails within conservation easements to provide multiple benefits. 523 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 9292 2.10. Wildland Urban Interface Designation Implementation Methods ☐Capital Improvement ☑Development Code Update ☐Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☑Policy/Program Implementation Partners ☐Individual Property Owners ☑County ☑Municipalities ☐Non-profits/Land Trusts ☑State/Federal Agencies Examples and Case Studies Montana Code | Designation Of Wildland-Urban Interface Parcels Montana DNRC | Wildland Urban Interface Grants Current Use Partially – Gallatin County has adopted a Community Wildfire Protection Plan Recommending Plan/Source County Growth Policy Overview Reducing fuels in the wildland-urban interface has been proven to prevent mega-fires and their detrimental impacts to water quality. As development continues to push deeper into forested and other wildfire prone areas, the risk of wildfire. As a result, many communities have adopted wildland urban interface (WUI) standards to mitigate the risk of wildfire and protect private property. The WUI is defined as areas where homes are built near or among lands prone to wildland fire. WUI standards generally include a subdivision review process to review wildfire risk and mitigate impact on forest resources, as well as fire suppression infrastructure, fuels mitigation, and defensible space measures. The state both authorizes and limits local government authority over WUI mitigation measures. Under Montana Code 76-13-145, communities may designate WUI parcels, delineate those parcels on maps, and ensure that the maps and information on the maps are available to the public, local governing bodies, and governmental fire agencies. Local governments may not prohibit development solely because it is in a WUI. By designing a WUI in a way that allows for habitat to be maintained, and for animals to cross through private property WUI can be an important habitat area, but there is a need to practice wildlife-safe practices in the WUI such as storing food in bear- safe garbage containers. Many communities adopt a community wildfire protection plan (CWPP) prior to designating a WUI, but it is not required. Gallatin County has adopted a CWPP. The Montana DNRC also provides funding for wildfire mitigation efforts through the Wildland Urban Interface Grants Program. To qualify for funding, projects must either reduce hazardous fuels in the WUI, provide WUI-based prevention and education, and or community Wildfire Protection Plan (CWPP) development or updates. Gallatin County emergency response has landowner assistance programs and staff to support WUI efforts. Implementation Strategy Designation and mapping of the WUI occurs through the development of a CWPP for a local government or region. Following adoption of the CWPP, WUI development standards are often developed and incorporated into the development code to mitigate risk of loss of life and property and to protect local biodiversity and mitigate impacts to water quality. Gallatin County has adopted a CWPP but has not developed WUI standards in their land development regulations. The 2021 International Building Code does include WUI building construction standards. If a local jurisdiction has adopted the building codes authorized by the state they may apply these standards. Gallatin County does not currently administer or enforce building codes, which are administered and enforced by the State Department of Labor and Industry in County areas. The Central Valley Fire District administers and enforces fire code within their District. Additionally, Gallatin Emergency Management and fire districts have done extensive outreach and education with property owners -- programs that should be replicated by other agencies as well. 524 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 9393 2.11. Wildlife-Friendly Fencing Implementation Methods ☐Capital Improvement ☑Development Code Update ☑Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☑Policy/Program Implementation Partners ☑Individual Property Owners ☑County ☑Municipalities ☑Non-profits/Land Trusts ☑State/Federal Agencies Examples and Case Studies Montana FWP A Landowners Guide to Wildlife Friendly Fencing MDOT | Wildlife Friendly Fence: A Guide to Landowner and Wildlife Needs Teton County, WY | Wildlife Friendly Fencing Regulations (Section 5.1.2, page 201-205 of the pdf) Current Use Yes – as needed Recommending Plan/Source Literature Review Overview Fencing can be a significant barrier to wildlife connectivity and movement and may impede the ability of wildlife to move between habitat areas. Movement between habitat areas is necessary for wildlife to access food, water, shelter, and potential mates. Many traditional fences are either too high for wildlife to jump over, or contain barbs, spikes, or razor wire that can fatally injure animals. Traditional fencing methods may be also be hard for low-flying birds to spot, which can cause birds to collide with fencing. In most cases, fencing and walls should be reduced between lots, keeping fencing closer to the structures whenever possible. The type and design of the fencing will be vital to the functionality with regards to permeability of wildlife. Permeable fencing, or wildlife-friendly fencing, is fencing that allows for the safe passage of animals. Wildlife-friendly fencing is not practical in all applications but is appropriate to use when the desire is to facilitate wildlife movement through existing or constructed wildlife corridors. In some situations, the purpose of constructing fencing or walls may be to exclude wildlife such as barns and animal-keeping areas. If not, natural barriers or designs using natural materials (e.g., boulders, densely planted vegetation, riprap), may be more effective than a fence at preventing access or providing privacy. These options can result in a more “natural” appearance of the fence or wall and may also reduce maintenance requirements. Fencing, walls, and other barriers can be used to restrict access to road rights-of-way, as well as to funnel wildlife to habitat areas or crossing structures such as bridges and culverts. Decorative fencing should not contain features that can be hazardous to wildlife such as pointed or narrow post caps, wires that may entangle animals, and hollow fence posts that are open at the top where birds or other small animals may become entrapped in an open cavity. Implementation Strategy Wildlife fencing can be implemented through zoning and subdivision regulations. The subdivision and zoning regulations can require wildlife-friendly fencing in high value wildlife habitat, migration corridors, or other movement corridors. 525 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 9494 2.12. Wildlife Crossings Implementation Methods ☑Capital Improvement ☐Development Code Update ☐Education ☐Funding Opportunity ☐Incentive ☐Legislative Initiative ☑Policy/Program Implementation Partners ☐Individual Property Owners ☑County ☑Municipalities ☑Non-profits/Land Trusts ☑State/Federal Agencies Examples and Case Studies Wildlife- Vehicle Collision and Crossing Mitigation Measures: A Toolbox for the Montana Department of Transportation Center for Large Landscape Conservation | Land Trusts and Wildlife Crossing Structures Toolkit Teton County, WY Wildlife Crossings Master Plan t US DOT | Wildlife Crossings Program Current Use Yes; Bear Canyon and I-90 Underpasses Recommending Plan/Source County Growth Policy; Bozeman Comprehensive Plan EPO 1.5 and EPO 2.3 Overview Wildlife-vehicle collisions on major roadways are a primary contributor to animal mortality in the region. Constructing roadway crossings that provide for wildlife movement is one of the most effective methods of reducing wildlife-vehicle collisions, and maintaining healthy and connected wildlife habitat. Wildlife crossings can be overpasses or underpasses depending on the target species and surrounding topography. Crossings can also be designed either in conjunction with, or separate from, other drainage crossings. Crossing structures should be located adjacent/within to key habitat linkages to support wildlife movement at an ecosystem level. Floodplains and riparian areas are natural movement corridors for wildlife, so it may be desirable to co-locate drainage and wildlife crossing structures in many riparian areas. Culverts of various designs and materials, such as concrete box culverts and corrugated metal pipes, are frequently used to facilitate wildlife movements under roadways and developed areas. Dedicated overpass structures may also be used to assist wildlife passage over large roadways but are more costly. Overpasses may be more effective in situations where topography doesn’t lend itself to the construction of underpasses or where roadways are already constructed. Most species prefer crossing structures that are three-sided (e.g., bridges), arched, or buried so that there is a natural substrate on the bottom. Incorporating vegetation into the wildlife crossing design and limiting vegetation removal around crossings can increase their use by wildlife. Steep slopes that lead into or out of a crossing should be avoided to allow for a clear view through a crossing to the other side. The Montana Department of Transportation (MDT) references the US Department of Transportation wildlife crossing best practices manual. Additionally, the US Forest Service has developed a wildlife crossings manual that is specific to the mountain west. Wildlife barrier fencing or rip-rap parallel with the roadway should be used to guide wildlife towards a desired crossing structures Implementation Strategy Wildlife crossings are implemented through capital improvement plans as capital expenditures. Several federal, state, and private funding streams are available including the 2021 Infrastructure Investment and Jobs Act Wildlife Crossing Pilot Program which pledges $350 million in grants toward wildlife crossings. Current state bills are working to establish a fund to support MDT and local governments to leverage federal infrastructure funding dedicated to wildlife crossings. However, a study of the highest wildlife-vehicle collision areas and key habitat linkages should be performed to ensure that crossings are appropriately located. Many local studies have already been completed, including: •Bozeman Pass Wildlife Linkage and Channelization and Highway Safety Studies | MDT •Center for Large Landscape Conservation | US-191 Wildlife & Transportation Assessment 526 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 9595 3. Tier 3 Recommendations 3.1. Controlled Groundwater Area (CGWA) Under Montana State Statute, the Montana Department of Natural Resources and Conservation (DNRC) has the authority to control or close river basins and groundwater aquifers due to concerns regarding water availability, water contamination, and protecting existing water rights. Controls and closures come in five categories, with the lowest tire being a Controlled Groundwater Area (CGWA) designation. A CGWA designation can be implemented directly from Montana DNRC, by petition from any state or local agency, or by water users on the source. According to Montana DNRC guidance, designation of CGWAs are generally because “groundwater withdrawals in the area are greater than recharge of the aquifer, excessive groundwater withdrawals are likely to occur in the near future, there are significant disputes regarding groundwater rights in the area, groundwater levels or pressures in the area have been or are declining excessively, excessive groundwater withdrawals would cause contaminant migration, groundwater withdrawals are or will adversely affect groundwater quality, and/or water quality in the groundwater area is not suited for a specific beneficial use,” Within CGWA, anyone wishing to drill any size or type of well must first obtain a Permit for Beneficial Water Use (85-2-508, MCA). Gallatin County has multiple existing CGWA designations. The Bozeman Solvent Site Controlled Groundwater Area, located in the northwestern portion of the City of Bozeman and spreading north into the unincorporated County, was designated in 1998 due to groundwater contamination concerns. The Idaho Pole Company Site Controlled Groundwater Area is located along the eastern edge of the City of Bozeman and was designated in 2001 due to contamination of the basin. CGWA designations are determined by DNRC in conjunction with local governments. For more information visit: Montana DNRC | Controlled Groundwater Areas Home Montana DNRC | Montana Basin Closures and Controlled Ground Water Areas 3.2. Maximum Size of Single Structure/Dwelling Unit Generally, the maximum size of an individual structure is regulated through maximum floor area ratio (FAR) allowances in the zoning regulations. FAR is the percentage or area of a lot which may be covered by a structure. FAR restrictions are often paired with minimum setbacks, maximum height, and maximum number of stories per structure standards. Some communities implement maximum square footage allowances for individual structures in addition to FAR restrictions in areas of environmental concern, especially where FAR allowances are not restrictive or would result in a large amount of development. The maximum size of a dwelling unit or structure can differ between zone districts or can be the same across all zones. Limiting the maximum allowed dwelling unit or structure size can be impactful in reducing the amount of development occurring in sensitive areas and reducing overall housing costs. It has been shown that large buildings may deter use of wildlife corridors or habitat areas by some wildlife species. However, limiting the maximum size of a single structure can lead to multiple smaller structures, rather than a larger single structure if the size limit is too restrictive. It is important to consider the average size of a use when considering maximum size limitations. Maximum house and structure sizes can be used alone, or in conjunction with other best management practice tools like cluster development. The limitations on the size of structures are detailed in Gallatin County zoning regulations. For more information visit: Sustainable City Code | Maximum Scale of Single-Family Residence Teton County, WY Maximum Scale of Residential Structures Teton County, WY Maximum Scale of Residential Structures ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 9595527 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 9696 Implementation Regional Partnerships The collaborative efforts between agencies, non-governmental organizations (NGOs), and communities form the backbone of our ability to execute these recommendations effectively. There are many NGOs and partnerships, including the many members of the Working Group that contributed to this process, within the Gallatin Valley working on protecting sensitive lands. During implementation, many recommendations would benefit from interlocal agreements or memoranda of understanding to further define the use and scope of each jurisdiction. Many of these partnerships are described in the various recommendations, however, a few that have not been included previously are described here. Local Water Quality Districts In 1991, the Montana Legislature passed a law giving local governments the authority to form local water quality districts. The Gallatin Local Water Quality District (GLWQD) has with the mission “To protect, preserve, and improve the quality of groundwater and surface water within the District.” The GLWQD has three focus areas: education and outreach to improve public awareness and understanding of local water quality, water resources, and GLWQD projects; collection, analysis, and monitoring of water data that evaluate water quality; and compiling, storing, and distribution of water quality data and information. The GLWQD is a non-regulatory entity and does not administer or enforce any City or County ordinances, rules, or regulations, pertaining to water quality but may be involved in teh development of revised Codes and review of applications. According to the Administrative Rules of Montana, which govern the formation and operation of local water quality districts (ARM 17.30.1807), the Montana Department of Environmental Quality may request a district enforce provisions of the Montana Water Quality Act (MCA 75-5-605), for particular violations.The role of the GLWQD is in partnering with local governments to continue to raise awareness of water quality issues and develop educational materials. Land Trusts One necessary step in permanent sensitive area protection is a targeted effort aimed at land acquisition, conservation easements, and development restrictions of constrained or sensitive lands. This has been proven as one of the most effective tools across the western US. Land trusts are a specific type of 501(c)3 nonprofit that typically holds contracts for conservation easements to preserve open space or agricultural land. They can also receive land donations or other forms of donations. Whether held in private or public ownership, their role is to continue to monitor the habitat quality and resources for which the land is conserved. Land trusts also generally serve as educators, providing the public with educational opportunities and events to learn about conserved lands and their benefits. As grants are acquired, or other funds are directed at land protection, land stewards will be necessary to maintain our new permanent open space. Montana Land Trusts have a strong history of partnering with both landowners and local governments to achieve conservation goals. State Trust Lands Regarding Trust Land Management, the Montana Department of Natural Resource & Conservation (DNRC) manages its properties for the highest and best use while protecting the long-term income generating capacity of these lands. DNRC continues to work with the City of Bozeman and Gallatin County to restore forest health, reduce wildfire risk, and provide wildfire protection services. The Study Area contains 41,698 acres of State Trust Lands surface acreage (35,127 acres of classified agriculture/grazing and 5,776 acres of classified forest), and 73,954 acres of subsurface mineral rights. In addition to the Trust Lands, 51,216 acres of Montana Forest Action Plan priority areas have been identified of which 22,823 acres considered in poor forest health and / or elevated fire risk. •Gallatin Valley Land Trust •Montana Land Reliance •The Trust for Public •Montana Association of Land Trusts •American Farmland Trust 528 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 9797 Tribal Partnerships In addition to developing and publicizing land acknowledgments in consultation with Indigenous partners, Gallatin County and the incorporated cities and towns within the county should work to involve Tribes and Native Nations in various ways through all planning and implementation decisions. The first step to develop Tribal partnerships should be to have honest and ethical conversations where Indigenous Nations lead the process in terms of how they want to engage with other partners, planning processes, and implementation, as well as how their Traditional Ecological Knowledge can be appropriately and respectful integrated into land management while asserting their data sovereignty. The First Nations Information Governance Centre offers training and resources for integrating Traditional Ecological Knowledge. For example, going beyond land acknowledgments, cities and counties should designate seats on advisory boards for Tribal members; interpret past, present, and future ways of Indigenous life with tribal consultation; integrate Traditional Ecological Knowledge into land management; consider adoption of United Nations Declarations on the Rights of Indigenous Peoples (UNDRIP). While several Indigenous contributors were consulted on this project, we recognize that not all tribes whose traditional territory we are on were consulted in the development of this plan. Funding Mechanisms Funding mechanisms are ever changing and new sources emerge as state and federal legislative priorities change. A few are provided here for reference, however, this is by no means comprehensive. Grant Programs There are several grant and partnership programs that currently exist to provide funding and/or assistance for protecting, enhancing, and restoring sensitive lands. Grant programs change and evolve year to year, interested parties should reference the program for the latest application and process requirements. NRCS | Programs and Initiatives The Natural Resources Conservation Service (NRCS) is an agency within the US Department of Agriculture. The NRCS works with producers, soil and water conservation districts, and other partners to protect and conserve natural resources on private lands throughout the United States. The NRCS administers a number of programs, grants, and initiatives available to support a variety of sensitive land protections. Environmental Quality Incentives Program (EQIP) The Environmental Quality Incentives Program (EQIP) is NRCS’ flagship conservation program that provides technical and financial assistance to agricultural producers and forest landowners to address natural resource concerns including water quantity and quality, air quality, improved soil health, drought resilience, and soil and erosion control. Through the EQIP program, NRCS works directly with farmers to develop a conservation plan that outlines conservation practices and activities to help solve on-farm resource issues. Landscape Conservation Initiatives is an EQIP program that enhances local conservation actions and processes to better address nationally and regionally important conservation goals that transcend localities. Landscape conservation initiatives seek to amplify outreach and education efforts through scientific and technical assistance. In Montana these initiatives have been focused primarily on simplifying the Greater Sage Grouse Initiative efforts. Conservation Innovation Grants (CIG) Conservation Innovation Grants (CIG) is a competitive program that supports the development of new tools, approaches, practices, and technologies to further natural resource conservation on private lands at the national, state, and on-farm levels. 529 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 9898 Regional Conservation Partnership Program (RCPP) The Regional Conservation Partnership Program (RCPP) is a voluntary approach to conservation that expands the reach of conservation efforts and climate-smart agriculture through public-private partnerships. RCPP projects fall under two different categories: RCPP Classic projects which are implemented using NRCS contracts and easements in collaboration with project partners, and RCPP Grants where the lead partner works directly with agricultural producers to support the development of new conservation structures and approaches. Up to $500 million in funding is available for fiscal year 2023 due to the Inflation Reduction Act. Conservation Stewardship Program (CSP) Similar to Landscape Conservation Initiatives, the Conservation Stewardship Program (CSP) helps amplify existing conservation efforts by working with landowners to develop a conservation plan that outlines and enhances existing efforts, using new conservation practices or activities. In exchange for increased conservation efforts, the CSP provides annual payments for each enhanced conservation effort. Watershed Protection and Flood Prevention (WFPO) Program The WFPO program provides technical and financial assistance to government entities to help plan and implement watershed projects which provide flood prevention measures, watershed protection, public recreation opportunities, public fish and wildlife habitat, agricultural water management standards, municipal and industrial water supply needs, and/or water quality management. Watershed conservation projects are planned and implemented jointly by a local, state, and federal agency with the support of landowners and residents in the watershed. healthy Forests Reserve Program (hFRP) The purpose of the Healthy Forests Reserve Program (HFRP) is to promote the recovery of endangered and threatened species under the Endangered Species Act (ESA); improve plant and animal biodiversity; and enhance carbon sequestration through easements, 30-year contracts and 10-year cost-share agreements. The HFRP was signed into law as part of the Healthy Forests Restoration Act of 2003 and has been amended in subsequent Farm Bills to broaden the scope of the program. Agricultural Conservation Easement Program (ACEP) The Agricultural Conservation Easement Program (ACEP) is a conservation easement program which seeks to protect the agricultural viability and related conservation values; protect grazing uses and related conservation values; and protect, restore, and enhance wetlands on eligible land. The ACEP has two components: Agricultural Land Easements NRCS provides financial assistance to partners for purchasing Agricultural Land Easements that protect the agricultural use and conservation values of land. Under this program, NRCS may contribute up to 50 percent of the fair market value of the agricultural land easement. Wetlands Reserve Easements (WRE) and Wetland Reserve Enhancement Partnership (WREP) The Wetland Reserve Enhancement Partnership (WREP) is part of the Wetland Reserve Easement (WRE) component of the Agricultural Conservation Easement Program (ACEP). The WREP allows state agencies, county and local governments, non-governmental organizations and American Indian tribes to submit proposals for priority wetland restoration and enhancement projects to collaborate with NRCS to purchase NRCS Wetland Reserve Easements. Easements may be purchased for permanent protection or for 30-year easements and are available for a variety of wetland restoration and enhancement efforts including farmed or converted wetlands. In both cases, the NRCS will develop and implement a restoration plan to restore, protect, and enhance the wetland’s functions and values. 530 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 9999 Conservation Reserve Program (CRP) The Conservation Reserve Program (CRP) provides a yearly rental payment to farmers who remove environmentally sensitive land from agricultural production and plant species that will improve environmental health and quality. The CRP is administered through the USDA Farm Service Agency with the NRCS providing technical assistance to landowners. CRP contracts range from 10–15-year contracts with the primary goal of the program being to re-establish valuable land cover to help improve water quality, prevent soil erosion, and reduce loss of wildlife habitat. National Water Quality Initiative (NWQI) National Water Quality Initiative (NWQI) is a partnership between the NRCS, state water quality agencies, and the U.S. EPA to identify and address impaired water bodies through voluntary conservation. NRCS provides targeted funding for financial and technical assistance in small watersheds where farmers can use conservation practices to make a difference. State water quality agencies and other partners contribute additional resources for watershed planning, implementation, and outreach, as well as monitoring efforts to track water quality. In 2019, the scope of the NWQI was expanded to include source water protections for both surface and ground water public water systems. Since the program went into effect in 2012, over 5,600 producers have chosen to adopt conservation practices on more than 1,190,000 acres in priority watersheds through NWQI. Additionally, over 16 impaired water bodies have been improved and subsequently scheduled for de-listing through the NWQI. Source Water Protection Source water protection includes a variety of initiatives and actions aimed at protecting, maintaining, or improving water quality and quantity of drinking water. NRCS source water protection funding is through the 2018 Farm Bill, which added a provision providing for the protection of source water through targeted conservation practices. Working Lands for Wildlife (WLFW) The Working Lands for Wildlife (WLFW) is an innovative approach to allowing continued operation of agricultural lands even in the presence of endangered species. Using funding from the Farm Bill, the NRCS provides technical and financial assistance to landowners who voluntarily make improvements to their working lands, while the US Fish and Wildlife Service provides landowners with regulatory predictability for the Endangered Species Act when needed. As of 2022, the WLWF program has proven wildly successful with more than 8,400 participants and nearly 12 million acres of wildlife habitat conserved since 2010. WLWF efforts in Montana have focused primarily on greater sage grouse initiative, which also offers technical and financial assistance to specifically help ranchers voluntarily conserve sage grouse habitat on private lands. Montana Snow Survey and Water Supply Forecasting Program NRCS Montana Snow Survey Program provides mountain snowpack and precipitation data via manual snowpack measurements and the Snowpack Telemetry network to forecast annual runoff that will occur when snow melts. Individuals, organizations, and state and federal agencies use the data collected from this program to make decisions relating to agricultural production, fish and wildlife management, municipal and industrial water supply, urban development, flood control, recreation, power generation, and water quality management. Water Pollution Control State Revolving Fund (WPCSRF) and Drinking Water State Revolving Fund The Montana Legislature established the Water Pollution Control State Revolving Fund (WPCSRF) Loan Program for water pollution control projects administered through the Montana DEQ and provides at or below market interest rate loans to eligible Montana entities. Eligible projects include wastewater treatment plant improvements, interceptors, collectors, lift stations, agricultural best management practices, animal feeding operations, wetland and streambank restoration, underground storage tanks, and urban storm water runoff mitigation efforts, among others. 531 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 100100 The Drinking Water State Revolving Fund program is also administered through the Montana DEQ and provides at or below market interest rate loans to eligible Montana entities, but as federal-state partnerships to help ensure safe drinking water. Entities must apply to have their project added to the Priority List within Montana DEQ. Loans will be offered on a first-come basis until the demand exceed the available funds. Lower ranked projects may be funded before higher ranked projects (if the higher ranked project is not ready to proceed) as long as the funds are available. Ranking on the priority list is based on water quality and/or public health impacts and financial needs. habitat Conservation Lease Program The Habitat Conservation Lease Program is a pilot conservation program administered by the Montana Fish, Wildlife, and Parks Department to supplement existing conservation and land purchase programs. The habitat conservation lease is a voluntary, incentive-based agreement between private property owners and Montana Fish, Wildlife, and Parks Department in which the landowner commits to specific land management practices that protect priority wildlife habitat and Montana Fish, Wildlife, and Parks Department pays landowners a one-time per-acre fee for the lease. Agreements are anticipated to have a term of 30 and 40 years. The initial focus of the pilot program will be for prairie habitats, with a priority on sage- grouse core areas and other identified as high priority plains habitats. It is anticipated that the focus will be expanded to other priority habitats in subsequent years. Applications for the pilot program closed in September of 2022 and comments on the Draft Supplemental Environmental Assessment were open through May 1, 2023. Land & Water Conservation Fund Recreation Grants The Land & Water Conservation Fund Act of 1965 established the Land & Water Conservation Fund as a federal grant program to fund outdoor recreation projects in accordance with a Statewide Comprehensive Outdoor Recreation Plans (SCORP). The Land & Water Conservation Fund specifically provides funding for acquisition and development of public outdoor recreation areas and facilities, as well as planning grants are also available to assist states in developing a SCORP. Examples of recently funded projects within Gallatin County include the Gallatin County Regional Park, Bozeman Municipal Park (Bogert Park), Manhattan Taylor Park, Bozeman Sundance Springs Park, Three Forks Headwaters Trail System, and numerous other park and field renovations, land acquisitions, trail enhancements, and outdoor swimming pools. See the grant manual here. Wildlife habitat Improvement Program Grants The Wildlife Habitat Improvement Program Grants are administered by the Montana Fish, Wildlife, and Parks Department, as enabled by the Montana Wildlife Habitat Improvement Act passed into law in 2017. This program provides up to $2 million annually in federal funding to restore priority wildlife habitats by managing noxious weeds. According to the program website, the priorities for funding are landscape-scale projects lands that are open to public hunting and involve priority wildlife habitats; noxious weed infestations that directly impact habitat functions; broad partnerships involving multiple landowners; proposals with leveraging beyond the minimum match funding requirement; projects that retain or restore native plant communities. Infrastructure Investment and Jobs Act (IIJA)Wildlife Crossing Pilot Program IIJA became law in November 2021, infusing billions of dollars into federal grant programs to improve wildlife crossing infrastructure, reduce wildlife-vehicle collisions, and mitigate habitat fragmentation resulting from transportation infrastructure. Funds must be obligated over 5 years The US Department of Transportation and Federal Highway Administration administer these funds mostly through existing programs, either by competitive grant giving or formula- based allocations for states to self-administer. 532 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 101101 Donations and Philanthropy Donations of land where sensitive resources existing by willing landowners could be accepted. Philanthropy through volunteers, funding, or other means is a great way to match grant programs. Friends of groups or foundation are formed to raise money typically for a single focus purpose that will benefit the community as a whole and their special interest. Friends’ groups strengthen community support and value for specific interests or facilities, and leverage the work of others through stewardship, volunteer hours, fundraising, and advocacy. New Types of Funding Sources Grants and partnerships can be unpredictable. Implementing protections to sensitive lands will take multiple tools. The following is a brief list of potential new recommendations that were identified during the planning process. However, additional new funding mechanism are always emerging. Gallatin County Innovative Agriculture Grant/Loan Program Supports local farmers and ranchers to implement conservation best management practices, build a local processing facility, purchase harvesting equipment for innovative crop production, greenhouses, etc. This could be modeled from, and be a companion program to, the NRCS Conservation Innovation Grant Program, which requires a 1:1 non-federal match. Gallatin County Irrigation Infrastructure Grant/Loan Program Supports off-farm irrigation infrastructure maintenance and upgrades. The canal network is critical to sustaining farming and ranching in the Gallatin Valley. The stewardship of this infrastructure has environmental implications as well, including fish passage, aquifer recharge, and water quality. The allocation of County ARPA money for irrigation projects is a huge success and could be the model for a more sustained program. Recreation Fees Support for improvements, maintenance, and management at local recreation sites. If lands are acquired for open space or habitat protection, they may allow passive recreation opportunities. Requiring a fee would allow to continue long-term stewardship of the property Implemented through a new department through the County or other partner. Tourism/Sales Tax Similar to other taxes, some communities have utilized revenue from additional sales taxes to fund parks, trails, and open space conservation efforts. The tax could be specific to certain types of businesses that are tourism oriented, such as small surcharge imposed on the cost of airline tickets, rental cars, motel rooms, outfitters and guides, guest ranch stays, or outdoor gear. Across the US, counties have also passed similar taxes, which include a share back program to municipalities. Some Idaho cities have a local sales tax, which are sometimes also referred to as local “option” taxes because the taxes are decided by the voters in the community affected. Some, but not all, choose to limit the local sales tax to lodging, alcohol by the drink, and restaurant food. To be implemented this would require the Montana State Legislature granting residents the ability to go to the polls and approve a tourist tax. Case Studies City of Colorado Springs, CO | Trails, Open Space, and Parks Tax City of McCall, ID | Local Option Tax Commission Adams County, CO | Open Space Sales Tax City of Fort Collins, CO | Natural Areas 533 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 102102 A Living Plan This section identifies indicators and outlines steps for reviewing and updating the plan. This Plan will be living, allowing it to adapt to changes. Annual monitoring enables the ability to react to undesirable development changes more quickly than has been done in the past. Through adaptive management, agencies, and partners can respond to changes in development and environmental conditions, as well as respond to climate change which may change where and what lands are more sensitive. Indicators Indicators are metrics that will be used to track progress to achieve the desired future condition. Multiple recommendations and partnerships can lead to the desired change in the indicator baseline. The desired trend provides a structure to continuously verify the community’s path and correct course when necessary, noting that it may be beneficial to use averages over two or three years. Indicators are currently being gathered by Montana State Library, Montana Natural Heritage Program, MT Department of Revenue and Gallatin County. These indicators were chosen based on the sensitive lands values described throughout this Plan. They are efficient for reporting as they are accurate, reproducible, obtainable, and affordable. The biodiversity improvements indicator is calculated with “Research Grade” data from iNaturalist, which provides observational data generated by citizen scientists. Observations with enough details can be verified by community consensus to “Research Grade.” Of the 16,082 different species reported in the Study Area through iNaturalist, about 90% are native species. In addition to the iNaturalist unique species count, an annual discussion with MFWP about biodiversity trends suggested by their field work observations and data would increase clarity on how Plan implementation may be influencing wildlife. There is no single solution to achieving the vision of the Gallatin Valley Sensitive Lands Protection Plan. Partnerships and collaboration are the foundation of the Plan’s success. Indicator Source Baseline within study area Desired Trend Total Acres Conserved (Conservation Easements) Gallatin County 164,407 Acres (within study area); 142,431 Acres (within Gallatin County Increase Total Acres Conserved (Managed Areas) MNhP 349,421 Acres Increase Acres Conserved of high Priority Areas by Theme See Appendix C Wildlife and Biodiversity: 2,268 Acres Agricultural heritage: 1,344 Acres Water Quality and Quantity: 849 Acres Increase Lands remaining in agricultural (regardless if they are conserved) MT Dept. of Revenue 197,196 Acres Maintain Biodiversity Improvements iNaturalist 16,082 Unique Species Observed Increase 534 ChAPTER 4: OUR SOLUTIONS GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 103103 Reviewing and Updating this Plan Future monitoring of this plan, including data collection and updated model outputs, will be needed. Updating GIS Data and the Models The GIS data that was used in the development of the sensitive lands models is constantly changing, which presents a large task to ensure future updates are made in a timely manner. Data managers and partners will need to strike a balance of providing updated models to inform decision making with the level of effort needed to maintain the data. As described previously, the GIS data presented in this Plan is not to be used as a legal document or survey instrument and is only as accurate as the data provided as inputs to the models. On an annual basis, prior to completing the Indicator Reports and Work Plans described below, data updates should be integrated into the model. The City of Bozeman will maintain the Modeling Tool and website through their ArcGIS Online organization account. Annually, the City of Bozeman should complete a data call from each source to identify updated layers. Long-term agreements with data input providers may be necessary. If new data is available, the City of Bozeman will update the data on ArcGIS Online and rerun the models. Ultimately, the authority and responsibility to update individual data sources remains with the authoritative source (as identified in Appendix C) and the City of Bozeman will not be required to update or request updated data. Neither will the City of Bozeman distribute or make these individual layers downloadable, which can be requested from the authoritative source. Metadata will be maintained within each GIS layer to show when the data was last updated and provide a link back to the original data so the most accurate and updated data can be obtained. Outputs will be reposted to the Modeling Tool site. Indicator Reports A brief annual indicator report should be completed by the City of Bozeman, Gallatin County, Working Group and/ or a future sensitive lands committee and placed on the City’s Sensitive Lands Plan website so the public can stay informed on the state of sensitive lands. Alternatively, a dashboard could be built on the website, providing quick access to information and links to other online data. Annual indicator reports should be designed to evaluate the community’s progress toward achieving the vision. These annual snapshots should be summarized and presented to other technical working groups and forums. Through these yearly indicator reports, the community will understand how we are measuring up and will have the information needed to proactively input into annual work plans. Partners should meet when indicators are not trending in the desired future condition to determine a complete and practical approach forward. Work Plans Agencies and partners should integrate applicable recommendations into their yearly work plans as part of their budgeting process. In setting work plans, partners can meet to evaluate the work completed over the past year, review annual indicators, and prioritize recommendations for different roles. As recommendations are implemented and/ or new best practices, technology, and information become available, the work plan may include recommendations that are not listed. However, every task in the work plan should be relevant to the Plan’s vision, effective in addressing the four themes, and gather community input on sensitive land concerns. Plan Update Even if indicators are trending in the desired condition, the Plan should be reviewed and updated at least every five years with the Working Group, data stewards, partners, and the public. A more extensive public process during this review should ensure the Plan always meets the vision of the Gallatin Valley. Regular, informed, and focused updates to the Plan will allow the community to affirm its values and identify new implementation strategies. The five-year update should be a community effort built on the lessons learned through 5 years of annual indicator reports. HIGH QUALITY DATA Modeling sensitive lands and implementing recommendations based off the mapping is only as good as the data input. Continuing to invest in data management and updates is the responsibility of the authoritative data source. 535 Chapter 1 536 Insert Photo background Our Sensitive LandsAppendices 537 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 106106 Appendix A: Literature, Policy, and Case Study Review 538 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 107107 LITERATURE, POLICY, AND CASE STUDY REVIEW DRAFT JANUARY 2023 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 1 Contents Overview ................................................................................................................................................................................ 2 Part 1: Currently Adopted Guiding Plans in the Gallatin Valley ............................................................................................ 3 Currently Adopted and Relevant Plans Overview ............................................................................................................ 3 Common Themes between Currently Adopted Plans ..................................................................................................... 9 Conflicts between Currently Adopted Plans .................................................................................................................... 11 Part 2: Publications for Consideration ................................................................................................................................. 12 Part 3: Implementation Tools ............................................................................................................................................... 17 Existing Code and Regulations ........................................................................................................................................ 17 Funding Sources, Partnerships, and Conservation Tools ............................................................................................... 17 Legislative Initiatives ........................................................................................................................................................ 19 Part 4: Existing Sensitive Lands Models covering the Gallatin Valley Study Area .............................................................. 19 Part 5: Models/Program Case Study Review ...................................................................................................................... 20 Part 6: Example ArcHub Site Review .................................................................................................................................. 24 539 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 108108 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 2 Overview Residents of the Gallatin Valley are dedicated to securing the long-term ecological health of the entire region. A strong connection between clean water, abundant wildlife, productive agriculture, and cultural heritage has provided a high quality of life for generations. While, the area continues to experience unprecedented growth, a regional approach to protecting sensitive lands can help provide adequate habitat into the future. The Gallatin Valley Sensitive Lands Protection Plan is dedicated to helping preserve the long-term ecological health of the entire region. The project aims to: - Create a regional model that connects clean water, abundant wildlife, productive agricultural, and cultural heritage. - Recommend how to protect the most sensitive resources during unprecedented growth. - Identify benefits and best practices in development in harmony with the natural environment. - Facilitate dialogue between the city, county, agencies, constituents, and developers. LLiitteerraattuurree,, PPoolliiccyy,, aanndd CCaassee SSttuuddyy RReevviieeww This report aims to evaluate current and past plans, literature, regulations, and case studies that will help inform the Gallatin Valley Sensitive Lands Protection plan. This report provides the initial data review to identify the interconnectivity and relationships between stressors and geography of their impacts on sensitive lands and identify data gaps and conflicts in recommendations. The report includes: 11.. CCuurrrreennttllyy AAddoopptteedd GGuuiiddiinngg PPllaannss iinn tthhee GGaallllaattiinn VVaalllleeyy:: Plans developed and adopted by local governing bodies within the study area that are currently guiding the growth and development of the region. 22.. PPuubblliiccaattiioonnss ffoorr CCoonnssiiddeerraattiioonn:: Publications and resources from a variety of sources that can provide important information and data related to the plan. 33.. IImmpplleemmeennttaattiioonn TToooollss:: Tools that could be used to inform and implement recommendations proposed in the plan including existing programs, regulatory tools, funding sources, partnership potential, incentives, etc. 44.. EExxiissttiinngg SSeennssiittiivvee LLaannddss MMooddeellss ccoovveerriinngg tthhee GGaallllaattiinn VVaalllleeyy SSttuuddyy AArreeaa:: Existing models that will be considered for use in the plan. 55.. MMooddeellss//PPrrooggrraammss CCaassee SSttuuddyy RReevviieeww:: Case studies from similar projects in other locations. 66.. EExxaammppllee AArrccHHuubb SSiittee RReevviieeww:: Example ESRI ArcHub sites to use as examples for the Gallatin Valley Sensitive Lands Plan ArcHub site. 540 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 109109 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 3 Part 1: Currently Adopted Guiding Plans in the Gallatin Valley Within the Gallatin Valley government organizations have various plans in place to the support the growth of the community. This section evaluates local plans that are relevant to the Sensitive Lands Protection Plan and identified connections and conflicts between the adopted plans. Plan Year Adopted Gallatin County Growth Policy 2021 City of Bozeman Community Plan 2020 Triangle Community Plan 2020 Envision Three Forks 2022 City of Bozeman Climate Vulnerability and Resiliency Strategy 2019 City of Bozeman Climate Plan 2020 City of Bozeman Parks, Recreation and Active Transportation Plan In Progress CCuurrrreennttllyy AAddoopptteedd aanndd RReelleevvaanntt PPllaannss OOvveerrvviieeww GGaallllaattiinn CCoouunnttyy GGrroowwtthh PPoolliiccyy ((22002211)) In 2021 the Gallatin County Growth Policy was adopted by the County Commission. A Growth Policy is required by state statute (Montana Code Annotated 76-1-601) and is meant to inform and guide the County’s land use decisions. Not all land within Gallatin County falls under the purview of the Growth Policy. Large portions of the County (47%) are under the jurisdiction of State and Federal land agencies. In addition, Bozeman, Belgrade, Manhattan, Three Forks, and West Yellowstone have their own growth policies and other planning documents. RReelleevvaannccee ttoo GGaallllaattiinn VVaalllleeyy SSeennssiittiivvee LLaannddss PPrrootteeccttiioonn PPllaann:: Gallatin County upholds and advances values that protect the unparalleled beauty of its landscape, honor its rich history rooted in agriculture, and promote the development of healthy, welcoming communities that offer a variety of extraordinary opportunities. The “Heritage” section of the plan celebrates Gallatin County’s cultural and historical significance, which is represented by the tradition, charm, and western community character that permeates working lands, natural areas, and urban areas. These values include working agricultural lands, productive soil, minimal impacts to agricultural land from development, access to local food, balancing property rights with maintaining rural character, healthy native plant and wildlife habitat, the protection of areas important for wildlife movement and migration, and an abundance of healthy wildlife. The “Open Space” section recognizes the importance of protecting the world-renowned natural environment and open space networks and their profound influence on our social, economic, and recreational activities that take place across Gallatin County. These values includes the protection of the natural environment; fish and wildlife resources; land use that is suitable for and compatible with natural features and environmental characteristics; social, economic, and recreational activities that take place within the open space network; public lands, and waterways; stewardship of public lands; supporting enhanced stewardship of private lands; key viewshed protection; and the physical and mental health benefits that open space access provides. The “Opportunity” section focuses on the development of healthy and welcoming communities that offer a variety of cultural, recreational, and educational amenities. These values include the thoughtful planning of infrastructure, transportation networks, and community services; land use that follows logical settlement 541 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 110110 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 4 patterns, concentrating development in areas where a full range of services are available and resulting in the fiscally-efficient delivery of public services; land use and development patterns that ensure and prioritize public health and safety from identified man-made hazards; developer responsibility for adequate provision of infrastructure; development that includes sustainable best practices and technologies, such as green building techniques and renewable energy resources; development regulations that are clear and consistent to the greatest degree possible; diversity and variety in neighborhood and housing options; educational excellence and abundant, accessible cultural opportunities; coordination with other towns and cities in the County to advance shared goals and priorities. IInntteeggrraattiioonn iinnttoo GGaallllaattiinn VVaalllleeyy SSeennssiittiivvee LLaannddss PPrrootteeccttiioonn PPllaann:: This plan establishes core goals and recommendations for wildlife habitat through a number of different lenses: water bodies, bald and golden eagle nests, other important wildlife habitat, higher value for wildlife, lower value for wildlife, and urban/urbanizing areas. The map and associated matrix are intended to provide useful and non-regulatory information for considering fish and wildlife in land use planning, development projects, and conservation opportunities. These tools were created by Montana Fish, Wildlife and Parks (FWP) with extensive input from the Gallatin County Planning Department as part of the Gallatin County Growth Policy update in 2020. The map and associated matrix do not prescribe where development should or should not occur but instead provide general guidance on how to consider fish and wildlife resources on privately-owned lands within the jurisdiction of Gallatin County. This map is based on the best available data and professional knowledge of FWP biologists at the time the map was created. Because this guidance is general and the landscape is rapidly changing, land use planners, developers, and conservation professionals should continue to consult with FWP staff and U.S. Fish and Wildlife Service on plans and projects. In general, the wildlife value boundaries drawn on the map are located on identifiable landmarks for ease and logistics and the user should recognize that these boundaries are approximate, and that wildlife habitats and use do not necessarily change on that line. CCiittyy ooff BBoozzeemmaann CCoommmmuunniittyy PPllaann ((22002200)) This Community Plan is a fundamental policy document guiding further growth and community development in Bozeman. It sets forth Bozeman's future growth policy for land-use and development. The purpose of the Plan is to guide the City’s community planning and to evaluate and prioritize the City’s actions moving forward. It reflects the community’s shared values and priorities. The Plan is the City’s long-range growth policy that meets the statutory requirements of Section 76-1-601 of the Montana Code Annotated. This Plan helps guide residents, City staff, and elected officials’ decisions. It brings land use policy into larger community discussions on many issues addressed by the City. Its measure of success is a continuation of the Bozeman tradition— a flourishing, safe, healthy, and a vibrant place to live, work, and raise a family. Bozeman’s Planning Area is generally the area of the City’s future municipal water and sewer service boundary. It includes the City of Bozeman as well as a half-mile to two-mile area around the City in the Gallatin County jurisdictional area. RReelleevvaannccee ttoo GGaallllaattiinn VVaalllleeyy SSeennssiittiivvee LLaannddss PPrrootteeccttiioonn PPllaann:: The plan includes two themes that correspond to the Gallatin Valley Sensitive Lands Protection Plan: TThheemmee 44 -- “A City Influenced By Our Natural Environment, Parks, and Open Lands” • Our City is home to an outdoor-conscious population that honors and protects our natural environment and our well-managed open space and parks system. 542 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 111111 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 5 TThheemmee 77 -- “A City Engaged in Regional Coordination” • Our City, in partnership with Gallatin County, Montana State University, and other regional authorities, desires to address the needs of a rapidly growing and changing regional population through strategic infrastructure choices and coordinated decision-making. IInntteeggrraattiioonn iinnttoo GGaallllaattiinn VVaalllleeyy SSeennssiittiivvee LLaannddss PPrrootteeccttiioonn PPllaann:: The plan includes an emphasis on identifying and expanding open space, parks, and trails; identifying, prioritizing, and preserving key wildlife habitat and corridors; and reducing the impacts to environmentally sensitive areas that contribute to water quality, wildlife corridors, or wildlife habitat. One of the primary goals of the plan is lessening or eliminating development in environmentally sensitive areas and/or preserving areas. The plan also includes a focus on working with the U.S. Army Corps of Engineers to keep wetlands mitigation within the Gallatin Valley rather than locating to other watersheds. The plan considers floodplain regulations and mitigation efforts to minimize conflicts between humans and wildlife through the use of proactive, non-lethal measures. Considerations and coordination is aimed at the regional level. The plan attempts to keep rural areas rural by maintain a clear edge to urban development that evolves as the City expands outwards. TTrriiaannggllee CCoommmmuunniittyy PPllaann ((22002200)) The intent of the plan is to coordinate land use development patterns, deliver community services and infrastructure, and protect important environmental resources, all in a manner that supports community values and vision while responding to rapid growth pressures. The plan boundary includes the Gallatin River to the West, Frontage Road to the North, Fowler Avenue to West Garfield Street to South 19th Avenue to the East, and Blackwood Road to Four Corners Water and Sewer District to the South. RReelleevvaannccee ttoo GGaallllaattiinn VVaalllleeyy SSeennssiittiivvee LLaannddss PPrrootteeccttiioonn PPllaann:: RReelleevvaanntt PPrroojjeecctt GGooaallss:: • GGooaall 44..11 -- Provide a coherent land use pattern that is compact and contiguous, which maximizes infrastructure efficiency, protects open space and agriculture, and encourages mixed use centers with opportunities for multimodal transportation. • GGooaall 44..22 -- Conserve and protect agricultural land and prime agricultural soils, and support local production of agricultural products. • GGooaall 44..33 -- Create and preserve open space areas in order to support natural resource functions, community well-being, public health, and quality of life for residents. • GGooaall 44..99 –– Support the function and maintain the connectivity of irrigation ditches and canals. • GGooaall 44..1111 –– Conserve, protect, and manage water quantity. Protect and manage water quality. • GGooaall 44..1122 -- Identify, conserve, and protect wetlands. • GGooaall 44..1133 -- Identify, conserve, and protect important fish and wildlife habitat. • GGooaall 44..1144 -- Continue efforts to inform residents about hazards and reduce impacts associated with those hazards. The Triangle Community Plan includes an emphasis on coordination and communication between the various jurisdictions is vital to maintaining administrative efficiency and quality of life for all residents in a rapidly changing landscape. This approach may be useful to the Sensitive Lands Protection Plan. 543 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 112112 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 6 IInntteeggrraattiioonn iinnttoo GGaallllaattiinn VVaalllleeyy SSeennssiittiivvee LLaannddss PPrrootteeccttiioonn PPllaann:: The plan focuses on protecting existing agricultural activities and encouraging new appropriate and compatible agriculture activities; encouraging development designs that integrate significant agricultural opportunities, such as cluster development, community gardens, or agrihoods; explores voluntary opportunities such as Transferable Development Rights (TDRs) and cluster development provisions in zoning codes that provide opportunities to extract value from agricultural lands or develop property while still providing opportunities for agricultural production; and supports conservation easements with an agricultural component as tools for protection and preservation of important agricultural lands. The plan supports opportunities to establish larger swaths of open space and parks instead of primarily relying on small parks from individual review of subdivisions; encourages connections between open space areas when feasible; offers opportunities for parkland dedication; and supports conservation easements as a way of preserving open space. The plan supports efforts to map ditch systems; maintains current and abandoned ditches for their functions as important water management systems and infiltration systems that support late season flows and shallow aquifer recharge; and maintains consistent standards for access, maintenance, and setbacks. The plan maintains floodplains, wetlands, and irrigation infrastructure, which all support the recharge of shallow groundwater aquifers and maintain late season flows; maintains current setback standards from irrigation infrastructure, wetlands, and watercourses; and encourages developments to employ Best Management Practices for projects along and adjacent to ditches, streams, and rivers in order to manage runoff of particulates, pollutants, and sediment into surface waters. The plan explores tools to identify sensitive wetland areas in order to prioritize protection; and avoids impacts to wetlands and encourage mitigation, as required from the Army Corps of Engineers, to be done within the Gallatin Watershed. The plan continues efforts to work with Montana Fish, Wildlife, and Parks to identify sensitive fish and wildlife habitat in the Triangle area in order to avoid and/or mitigate impacts from development on these resources; and continues to support conservation easements as a tool for preserving and protecting fish and wildlife habitat. The plan supports efforts to update floodplain maps to better assess risk; and maintains natural flood control by encouraging implementation of Floodplain Regulations and discouraging building structures in the 100-year floodplain. EEnnvviissiioonn TThhrreeee FFoorrkkss ((22002222)) The plan focuses on the City of Three Forks and its surrounding rural lands. Using input from City residents, the plan aims to support the following principles: • Protect public health and safety • Respect private property rights • Guide development to suitable areas • Deliver services efficiently • Keep pace with the demand for new housing • Conserve agricultural resources and functions • Protect hydrological resources and functions • Protect the natural environment, including critical wildlife resources Develop and/or improve incentive mechanisms 544 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 113113 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 7 The plan has nine total goals. Three goals are dedicated to each of the three focus areas: People, Economy, and Environment. • OOuurr PPeeooppllee GGooaall 11:: Offer accessible housing for residents of all ages, backgrounds, and abilities. • OOuurr PPeeooppllee GGooaall 22:: Preserve our small-town character and agricultural heritage. • OOuurr PPeeooppllee GGooaall 33:: Increase access to services, education, healthcare, and cultural experiences. • OOuurr EEccoonnoommyy GGooaall 11:: Enhance our beautiful and vibrant downtown. • OOuurr EEccoonnoommyy GGooaall 22:: Increase access to living-wage jobs. • OOuurr EEccoonnoommyy GGooaall 33:: Promote a diverse and resilient economy. • OOuurr EEnnvviirroonnmmeenntt GGooaall 11:: Coexist with the natural water systems surrounding three forks. • OOuurr EEnnvviirroonnmmeenntt GGooaall 22:: Preserve open space and natural lands. • OOuurr EEnnvviirroonnmmeenntt GGooaall 33:: Support a healthy and active community. RReelleevvaannccee ttoo GGaallllaattiinn VVaalllleeyy SSeennssiittiivvee LLaannddss PPrrootteeccttiioonn PPllaann:: The most relevant aspects of the plan include the environmental goals. These sections focus on coexisting with the natural water systems surrounding three forks, preserving open space and natural lands, and supporting a healthy and active community. IInntteeggrraattiioonn iinnttoo GGaallllaattiinn VVaalllleeyy SSeennssiittiivvee LLaannddss PPrrootteeccttiioonn PPllaann:: The plan prioritizes the floodplain mitigation project and work with property owners to implement the project, mitigating the amount and area of floodplain-affected properties and growth area within City boundaries; supports the relocation of structures within the 100-year floodplain zone; integrates stormwater management with an updated stormwater infrastructure plan; and adopts low impact development (LID) standards for development and promote the use of green infrastructure for stormwater filtration and the reduction of impermeable surfaces on a site. The plan supports clustered residential development to preserve open space; supports infill and strategic development over sprawl; and supports development that mitigates or avoids negative impacts to riparian areas and wildlife. The plan focuses on future dedication of trails, parks, and natural open spaces, and the connections between them. CCiittyy ooff BBoozzeemmaann CClliimmaattee VVuullnneerraabbiilliittyy RReessiilliieennccyy SSttrraatteeggyy ((22001199)) Preparing for the continued and exacerbated effects of climate change, the City of Bozeman is taking a leading role to reduce key vulnerabilities of municipal facilities and build resilience in delivering its services. Building a resilient City is a continuous process of many collaborative and mutually supportive efforts, steps, and projects. Through the intentional plan development process and vulnerability assessment, the City has identified seven key resilience strategies with associated adaptation actions based on the impacts of climate change. RReelleevvaannccee ttoo GGaallllaattiinn VVaalllleeyy SSeennssiittiivvee LLaannddss PPrrootteeccttiioonn PPllaann:: The plan includes potential climate vulnerabilities related to the plan. These include extreme heat, floods, drought & reduced mountain snowpack, wildfire, winter storms. 545 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 114114 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 8 IInntteeggrraattiioonn iinnttoo GGaallllaattiinn VVaalllleeyy SSeennssiittiivvee LLaannddss PPrrootteeccttiioonn PPllaann:: The potential climate vulnerabilities outlined in the plan (extreme heat, floods, drought & reduced mountain snowpack, wildfire, and winter storms) could inform the future level of sensitivity to lands and natural resources. The Climate Resiliency Strategy focused on how climate change may affect the vulnerability of municipal facilities, but this data may be applied to lands and natural resources. CCiittyy ooff BBoozzeemmaann CClliimmaattee PPllaann ((22002200)) The Bozeman City Commission adopted the Bozeman Climate Plan in 2020. The Climate Vision, as stated in the plan, is “Through leadership and collaboration, the City of Bozeman will advance innovative solutions to cultivate a more equitable and resilient low-carbon community for current and future generation. The Climate Plan builds off of the 2019 City of Bozeman Vulnerability Assessment and Resiliency Strategy and outlines bold emissions mitigation targets and accompanying resiliency goals. To reach these goals, the Climate Plan has 16 innovative, actionable solutions that are organized across the following six focus areas. 1. Healthy, Adaptive & Efficient Buildings 2. Responsible & Reliable Clean Energy Supply 3. Vibrant & Resilient Neighborhoods 4. Diverse & Accessible Transportation Options 5. Comprehensive & Sustainable Waste Reduction 6. Regenerative Greenspace, Food Systems, & Natural Environment RReelleevvaannccee ttoo GGaallllaattiinn VVaalllleeyy SSeennssiittiivvee LLaannddss PPrrootteeccttiioonn PPllaann:: RReessiilliieennccyy ggooaallss:: Conserve natural resources, strengthen infrastructure to withstand natural hazards SSoolluuttiioonn NN.. CCuullttiivvaattee aa RRoobbuusstt LLooccaall FFoooodd SSyysstteemm 6.N.1. Support the Formation of a Local Food Council 6.N.2. Help Develop a Food System Assessment and Security Plan 6.N.3. Encourage Local Agriculture and Preservation of Working Lands 6.N.4. Support Local Food Production, Processing, and Distribution SSoolluuttiioonn OO.. MMaannaaggee aanndd CCoonnsseerrvvee WWaatteerr RReessoouurrcceess 6.O.1. Invest in Landscaping and Irrigation Upgrades at City Facilities 6.O.2. Build on the Success of Water Conservation Education and Incentives 6.O.3. Evaluate Additional Water Conservation Code and Water Rate Structure Adjustments SSoolluuttiioonn PP.. MMaannaaggee LLaanndd aanndd RReessoouurrcceess ttoo SSeeqquueesstteerr CCaarrbboonn 6.P.1. Protect Local Wetlands for Flood Resilience and Water Quality 6.P.2. Maintain and Expand the Urban Forest 546 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 115115 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 9 6.P.3. Enhance Greenspace and Carbon Sequestration for New Development6.P.4. Provide Outreach on Water Pollution Prevention and Carbon Sequestration Strategies IInntteeggrraattiioonn iinnttoo GGaallllaattiinn VVaalllleeyy SSeennssiittiivvee LLaannddss PPrrootteeccttiioonn PPllaann:: The plan may inform sensitive lands related to resiliency. The potential solutions related to the Sensitive Lands Protection Plan include Solutions N, O, and P (cultivate a robust local food system, manage, and conserve water resources, and manage land and resources to sequester carbon). CCoommmmoonn TThheemmeess bbeettwweeeenn CCuurrrreennttllyy AAddoopptteedd PPllaannss The following table identify common themes and interconnectivity between plans for topics relevant to the Sensitive Lands Protection Plan. CCoommmmoonn TThheemmeess PPllaannss Managing and Conserving Water Resources Gallatin County Growth Policy (2021) City of Bozeman Community Plan (2020) Triangle Community Plan (2020) Envision Three Forks (2022) Maintaining Agricultural Heritage Gallatin County Growth Policy (2021) Triangle Community Plan (2020) Envision Three Forks (2022) City of Bozeman Climate Plan (2020) Support for increased development density Gallatin County Growth Policy (2021) Triangle Community Plan (2020) Open Space Protection Gallatin County Growth Policy (2021) City of Bozeman Community Plan (2020) Triangle Community Plan (2020) Envision Three Forks (2022) Parks Planning City of Bozeman Community Plan (2020) Triangle Community Plan (2020) Thoughtful Infrastructure Planning Gallatin County Growth Policy (2021) City of Bozeman Community Plan (2020) Triangle Community Plan (2020) Envision Three Forks (2022) City of Bozeman Climate Vulnerability Resiliency Strategy (2019) City of Bozeman Climate Plan (2020) 547 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 116116 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 10 CCoommmmoonn TThheemmeess PPllaannss Soil Health Gallatin County Growth Policy (2021) Triangle Community Plan (2020) Air Quality Gallatin County Growth Policy (2021) City of Bozeman Community Plan (2020) Native Plants Gallatin County Growth Policy (2021) City of Bozeman Community Plan (2020) Fish and Wildlife Gallatin County Growth Policy (2021) City of Bozeman Community Plan (2020) Triangle Community Plan (2020) Envision Three Forks (2022) Movement and Migration Gallatin County Growth Policy (2021) Triangle Community Plan (2020) Recreational Opportunities Gallatin County Growth Policy (2021) City of Bozeman Community Plan (2020) Triangle Community Plan (2020) Envision Three Forks (2022) Viewshed Protection Gallatin County Growth Policy (2021) Climate Change City of Bozeman Community Plan (2020) City of Bozeman Climate Vulnerability Resiliency Strategy (2019) City of Bozeman Climate Plan (2020) Regional Coordination Gallatin County Growth Policy (2021) City of Bozeman Community Plan (2020) Triangle Community Plan (2020) Indigenous Involvement Gallatin County Growth Policy (2021) Protect Public Health and Safety Gallatin County Growth Policy (2021) City of Bozeman Community Plan (2020) Triangle Community Plan (2020) Envision Three Forks (2022) Respect Private Property Rights Gallatin County Growth Policy (2021) Envision Three Forks (2022) Deliver Services Efficiently Envision Three Forks (2022) Vibrant & Resilient Neighborhoods Envision Three Forks (2022) City of Bozeman Climate Plan (2020) Healthy, Adaptive & Efficient Buildings City of Bozeman Climate Vulnerability Resiliency Strategy (2019) City of Bozeman Climate Plan (2020) Responsible & Reliable Clean Energy Supply Gallatin County Growth Policy (2021) City of Bozeman Community Plan (2020) City of Bozeman Climate Vulnerability Resiliency Strategy (2019) City of Bozeman Climate Plan (2020) Diverse & Accessible Transportation Options Gallatin County Growth Policy (2021) City of Bozeman Community Plan (2020) Triangle Community Plan (2020) City of Bozeman Climate Vulnerability Resiliency Strategy (2019) City of Bozeman Climate Plan (2020) Comprehensive & Sustainable Waste Reduction City of Bozeman Community Plan (2020) 548 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 117117 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 11 CCoommmmoonn TThheemmeess PPllaannss City of Bozeman Climate Vulnerability Resiliency Strategy (2019) City of Bozeman Climate Plan (2020) Regenerative Greenspace, Food Systems, & Natural Environment Gallatin County Growth Policy (2021) Triangle Community Plan (2020) City of Bozeman Climate Vulnerability Resiliency Strategy (2019) City of Bozeman Climate Plan (2020) CCoonnfflliiccttss bbeettwweeeenn CCuurrrreennttllyy AAddoopptteedd PPllaannss None of the currently adopted plans are directly in conflict with each other. However, all of the community plans/growth policies address a variety of topics to provide for a thriving community. GGaallllaattiinn CCoouunnttyy GGrroowwtthh PPoolliiccyy ((22002211)) The “opportunity”” section of the plan has a greater focus on human development rather than a focus on the natural resources. The plan focuses on infrastructure, transportation networks, community services, settlement patterns, safety from man-made hazards, green building techniques, renewable energy, and diversity of housing options. CCiittyy ooff BBoozzeemmaann CCoommmmuunniittyy PPllaann ((22002200)) There are sections in this plan that are more focused on human benefits/interactions with the environment. These topics include parks and recreation, public health, resource usage, water treatment, building standards, transportation, and climate change implications related to the built environment. The plan indicates that the improvement habitat, water quantity, and water quality will be evaluated while giving due consideration to the impact of City regulations on economic viability. There is potential that this consideration may overshadow the importance of natural resource protection. TTrriiaannggllee CCoommmmuunniittyy PPllaann ((22002200)) The plan is focused on development, public health, resources use, transportation. These human-focused topics may detract from identifying and protecting sensitive lands. EEnnvviissiioonn TThhrreeee FFoorrkkss ((22002222)) The plan is focused on public health and recreation. These human-focused topics may detract from identifying and protecting sensitive lands. CCiittyy ooff BBoozzeemmaann CClliimmaattee VVuullnneerraabbiilliittyy RReessiilliieennccyy SSttrraatteeggyy ((22001199)) This plan is limiting in that it focuses on the impacts of climate change to Bozeman’s municipal facilities. CCiittyy ooff BBoozzeemmaann CClliimmaattee PPllaann ((22002200)) This plan is focused less on existing sensitive lands, and more on developing sustainable human infrastructure on the land. It focuses on the topics of building efficiency, clean energy, neighborhood resiliency, diverse and accessible transportation, waste reduction, and regenerative greenspace and food systems. CCiittyy ooff BBoozzeemmaann PPaarrkkss,, CCoommpprreehheennssiivvee PPaarrkkss,, RReeccrreeaattiioonn,, aanndd AAccttiivvee TTrraannssppoorrttaattiioonn ((PPRRAATT)) PPllaann ((22002233 iinn pprrooggrreessss)) To be completed 549 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 118118 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 12 Part 2: Publications for Consideration The publications and resources reviewed in this section were provided by the Gallatin Valley Sensitive Lands Protection Plan Working Group. They were identified as sources of information that could be useful to inform the plan or provide data to include in the plan. Plan Year Adopted Critical Lands Study of Bozeman Area 1997, Not Formally Adopted Montana Department of Fish, the Wildlife and Park’s Fish and Wildlife Recommendations for Subdivision Development 2012 Montana State Wildlife Action Plan 2015 USFS Custer Gallatin Forest Plan (2020) 2020 Online Publications by Montana Natural Heritage Program Long Range Plan for Gallatin County (2019- 2024) 2019-2024 MTFWP Comments on the Missoula Area Land Use Map and Land Use Element Review 2019 MSU Ecology Analysis 2022 CCrriittiiccaall LLaannddss SSttuuddyy ooff tthhee BBoozzeemmaann AArreeaa ((11999977)) The Bozeman City-County Planning Board initiated the development of the Critical Lands Study as a supplement to the implementation of the 1983 Bozeman Area Master Plan. The overarching goal of the plan was to establish ways to protect the unique physical setting and environmental features in the Bozeman area. The objectives of the planning process were to identify aspects of the physical environment which present problems for development and/or have uniqueness or public value, include the public in the process, and develop the mechanisms which can provide the Bozeman community with a pattern of development that protects these valuable and unique resources in an economically sound manner. The study identified seven types of critical lands: wetlands; floodplains; rivers, streams, and ditches; groundwater aquifers and recharge zones; geologic constraints; farmland and open space; fish and wildlife habitat. For each critical land category the study contains information on functions and values, threats, regulations and programs in place to protect critical lands, goals and objectives, maps and location of the lands in the City-County planning jurisdiction, and protection options. PPllaann CCoonncclluussiioonnss The study concluded with next steps for the City and County to take to reach the goals and objectives of the study. In summary, the plan proposed: • Developing a new chapter in the Bozeman Zoning Ordinance titled Critical Lands Districts what would include regulations for development in or near identified critical lands. • Include in the Bozeman Zoning Ordinance provisions to allow purchase/transfer of development rights, cluster development, etc. 550 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 119119 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 13 • Incorporate the requirement for a Soil Erosion and Sedimentation Control plan. • Initiation the process to develop a Bozeman Area Open Space Plan. • Adopt fire protection guidelines for the urban and wildland interface. • Support public education efforts • Work with non-profit organizations in the community to protect farmland and/or open space. Ultimately, the City of Bozeman did not adopt the plan and the proposed next steps were not put into action. IInntteeggrraattiioonn iinnttoo GGaallllaattiinn VVaalllleeyy SSeennssiittiivvee LLaannddss PPrrootteeccttiioonn PPllaann Data and information from the 1997 Bozeman Area Critical Lands study will not be directly utilized for the current Sensitive Lands Protection Plan. The plan was never adopted and put into action. The plan will be reviewed by the project team for possible implementation strategies that could be carried forward in light of this new planning effort. MMoonnttaannaa DDeeppaarrttmmeenntt ooff FFiisshh,, tthhee WWiillddlliiffee aanndd PPaarrkk’’ss FFiisshh aanndd WWiillddlliiffee RReeccoommmmeennddaattiioonnss ffoorr SSuubbddiivviissiioonn DDeevveellooppmmeenntt ((22001122)) The MDFWP recommendations for subdivision development were developed for use by FWP biologists, local governments, and developers to generate an open discussion on the implementation of consistent fish and wildlife conservation recommendations for subdivision development in Montana. The recommendations are designed to help guide fish and wildlife professionals, and to help inform municipal and county leaders and land developers. The recommendations were compiled by knowledgeable biologists and planners who have drawn from the best available science of wildlife biology and land use planning. Specific topics for recommendations include the subdivision application and review process, conservation of water bodies, big game winter range, public hunting, human/bear conflicts, native vegetation communities, and Species of Concern. PPllaann CCoonncclluussiioonnss The plan provides seven recommendations specific to the sub-division planning process in Montana. These recommendations are summarized in the following bullets: 1. Developers planning to sub-divide land in Montana should consult with MTFWP biologists and land use specialists prior to selecting a site for development so that developers can fully understand and consider key habitat issues that may be associated with proposed subdivision development at a particular location. 2. Developer should utilize public domain fish and wildlife information sources and the Fish and Wildlife Information Checklist provided in the plan appendices. Specific reference to the MTFWP Crucial Areas Planning System (CAPS) for use as a sitting tool is also recommended. 3. Local municipalities should consider making the Fish and Wildlife Information Checklist a required element of a sub-division development application. 4. Local municipalities and developers should use the Fish and Wildlife Impact Assessment (FWIA) tool for addressing local Environmental Assessment requirements. In addition, municipalities and developers should use the Summary of Probable Impacts (SPI) guidance when addressing the local SPI requirements. 5. Local municipalities should consider including in local subdivision regulations a set of science-based development design standards for conserving important fish and wildlife resources. 6. For local municipalities that do include science-based development design standards in local subdivision planning, consider establishing a process where developers have the option to propose alternatives to the adopted standards. 7. Local municipalities should consider the detailed recommended design standards provided in the plan when updating local sub-division regulations and considering development applications. Developers should consider these recommended design standards as guidance when sitting and designing proposed projects. 551 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 120120 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 14 IInntteeggrraattiioonn iinnttoo GGaallllaattiinn VVaalllleeyy SSeennssiittiivvee LLaannddss PPrrootteeccttiioonn PPllaann Recommendations for subdivision development related to habitat conservation may be considered for inclusion in the Sensitive Lands Protection Plan. The recommended MTFWP CAPS tool does not appear to be available online currently, although it may have been incorporated into other statewide or regional planning tools since 2012. During the recommendations phase of this planning effort, the project team will identify gaps/opportunities to integrate these recommendations into local land use codes. MMoonnttaannaa SSttaattee WWiillddlliiffee AAccttiioonn PPllaann ((22001155)) The Montana State Wildlife Action Plan (SWAP) identifies wildlife and plant species that are in the greatest need of conservation effort and provides rationale for funding through grant applications to implement conservation actions and programs intended to maintain sustainable native populations and habitats statewide. The SWAP also serves as the required supporting documentation for Montana FWP to participate in the federal State Wildlife Grant funding program ratified by congress in 2000. The Montana SWAP identifies priority community types, Focal Areas, and species to inform FWP’s priorities and decisions and to assist other agencies and organizations in making decisions on where to focus their conservation efforts and funding. PPllaann CCoonncclluussiioonnss The Montana SWAP identifies three tiers of terrestrial communities for prioritization of conservation efforts. Community types identified as the highest priority (Tier I) include floodplains, riparian areas, wetlands, and open water due to the level of biodiversity supported by wet landscapes in Montana. Other community types that support a high percentage of species diversity identified as Tier I include alpine grasslands and shrublands, conifer dominated forest and woodlands (both mesic and xeric types), deciduous shrublands, prairie grasslands, montane grasslands, scrub and dwarf shrublands, and sagebrush steppe. The Madison River is the only intermountain river located within the Sensitive Lands Protection Plan study area identified in the SWAP as a Tier I community type. All smaller streams within the Sensitive Lands Protection Plan study area are identified as Tier I priority areas. Aquatic Species of Greatest Conservation Need (SGCN) associated with this community include Artic Grayling, Bull Trout, Columbia River Redband Trout, Lake Trout, Northern Redbelly Dace, Pygmy Whitefish, Torrent Sculpin, Westslope Cutthroat Trout, and Yellowstone Cutthroat Trout. The Montana SWAP identifies the Shields River watershed as an aquatic focal area for its unfragmented Yellowstone Cutthroat Trout population in the Yellowstone River Basin. This area is located adjacent to the Sensitive Lands Protection Plan study area. No terrestrial focal areas are identified within the Sensitive Lands Protection Plan study area. IInntteeggrraattiioonn iinnttoo GGaallllaattiinn VVaalllleeyy SSeennssiittiivvee LLaannddss PPrrootteeccttiioonn PPllaann Aquatic and terrestrial community type and species designations should be considered for use in the Sensitive Lands Protection Plan for consistency in terminology between state and local planning efforts and spatial data consistency. UUSSFFSS –– CCuusstteerr GGaallllaattiinn FFoorreesstt PPllaann ((22002200)) The Custer Gallatin National Forest (CGNF) includes over 3 million acres in Montana and the northwest corner of South Dakota. Geographic areas within the CGNF that are located within or adjacent to the Sensitive Lands Protection Plan study area include the northern Gallatin Mountains, the Southern Bridgers Mountains, and the southern Bangtails Mountains. The CGNF Land Management Plan (LMP) sets the overall context for informed decision making by evaluating and integrating social, economic, and ecological considerations relevant to management of the national forest. Areas of specific direction included in the LMP center around identifying priority watersheds for maintenance and restoration, identifying geographic areas that may require special management decisions, and 552 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 121121 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 15 providing management direction for the multiple uses and ecological and social resources within the CGNF with the ultimate goal of long-term sustainability. PPllaann CCoonncclluussiioonnss The CGNF LMP does not provide specific conclusions or approvals for management actions. The LMP does provide information on forest wide goals, objectives, standards, guidelines, and desired conditions for ecological resources within the national forest planning area. Desired conditions describe the overall vision for the CGNF and other plan components (goals, objectives, standards, guidelines) provide guidance on how the USFS and partners may achieve those conditions. The LMP acknowledges that some of the desired conditions may require several decades or longer to achieve but also notes that the NF must move forward and make progress towards achieving these conditions. IInntteeggrraattiioonn iinnttoo GGaallllaattiinn VVaalllleeyy SSeennssiittiivvee LLaannddss PPrrootteeccttiioonn PPllaann Baseline information and desired conditions for specific geographic areas within or adjacent to the Sensitive Lands Protection Plan study area should be considered for inclusion (or acknowledgement) in the Sensitive Lands Protection Plan. Although the USFS central objective is to manage the lands and resources under its administrative control in a manner that promotes long-term sustainability of all valued resources, the USFS multiple use mandate may result in some currently approved uses being in conflict with the long-term goals of the Sensitive Lands Protection Plan. These potential conflicts should be discussed and identified in the Sensitive Lands Protection Plan in order to develop potential solutions that may bring both plans into alignment. LLoonngg RRaannggee PPllaann ffoorr GGaallllaattiinn CCoouunnttyy ((22001199--22002244)) The National Resource Conservation Service (NRCS) Gallatin County Long Range Conservation Strategy provides an overview of Gallatin County geography, ecology, climate, and resource information and concerns. Resource concerns are divided into seven categories including Soil, Water, Plants, Animals, Air, Energy, and Human. PPllaann CCoonncclluussiioonnss One important conclusion identified in the strategy is that over the past several decades the economic benefits realized by agricultural producers in the county has fluctuated significantly due to volatility in commodities markets. This volatility has generally led to the subdivision and development of agricultural lands becoming a more stable and profitable way of life for agricultural landowners. Also identified in the strategy is the fact that since 2001, agricultural farming is the only employment sector in the county that has experienced an overall loss of jobs. Even with this volatility in agricultural production and overall decline in farming employment, Gallatin County continues to be one of the most stable Montana counties economically due to the presence of Montana State University, the United States Department of Agriculture offices in Bozeman, and a consistent tourism sector driven by the proximity to Yellowstone National Park and multiple world-class winter recreation areas. The strategy also provides an excellent overview of land use and resource related issues within Gallatin County. Each land use/resource is addressed in a concise manner and highlights the main concern related to each type of area. IInntteeggrraattiioonn iinnttoo GGaallllaattiinn VVaalllleeyy SSeennssiittiivvee LLaannddss PPrrootteeccttiioonn PPllaann The Sensitive Lands Protection Plan should consider referencing the Long-Range Strategy document and/or incorporating and updating the resource concerns overview. 553 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 122122 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 16 MMTTFFWWPP CCoommmmeennttss oonn tthhee MMiissssoouullaa AArreeaa LLaanndd UUssee MMaapp aanndd LLaanndd UUssee EElleemmeenntt RReevviieeww ((MMoonnttaannaa FFiisshh,, WWiillddlliiffee,, aanndd PPaarrkkss 22001199)) In late December 2018 and early January 2019, biologists and managers with the Montana Department of Fish, Wildlife and Parks (FWP) met in Missoula to discuss the Missoula Area Land Use Map and Element and provide recommendations to Missoula County to accommodate fish and wildlife as the City of Missoula expands. PPllaann CCoonncclluussiioonnss MTFWP provides several detailed recommendations on approaches to sustaining fish and wildlife populations in the Missoula area. Among these are three overarching themes to guide responsible development in the Missoula Valley: 1. Protection and enhancement of stream corridors and associated riparian areas that are the most ecologically important and imperiled habitats for fish and wildlife species in western Montana. 2. Protection of important grassland habitats that are relatively rare in western Montana but provide critical resources for game and nongame wildlife communities, many of which are declining in North America. 3. Accommodation of geographic funnels and terrain features (e.g., riparian corridors, ridgelines, timbered draws, passes) that naturally guide wildlife to certain areas in harsh weather conditions and during seasonal movements and migrations. IInntteeggrraattiioonn iinnttoo GGaallllaattiinn VVaalllleeyy SSeennssiittiivvee LLaannddss PPrrootteeccttiioonn PPllaann General landscape scale recommendations provided by MTFWP on the Missoula Land Use Map are highly relevant to the Sensitive Lands Protection Plan and should be considered for update and inclusion. Site specific recommendations are not applicable to the Sensitive Lands Protection Plan and do not need to be considered for inclusion. MMSSUU EEccoollooggyy AAnnaallyyssiiss ((22002222)) MSU Professor Andy Hansen et al. have developed a Biodiversity Conservation Priority Index (BCPI) based on ecological value and risk of habitat loss for remaining areas of natural vegetation cover (NVC) in the northwestern United States. This work seeks to address two questions: (1) Which remaining NVC on private lands is the highest priority for biodiversity conservation based on ecological value and risk of development? And (2) are conservation easements in NVC placed preferentially in locations of high biodiversity conservation priority? The approach integrates five metrics of ecological structure, function, and composition to quantify ecological value of NVC. Ecological metrics include net primary productivity, species richness, ecosystem type representation, imperiled species range rarity, and connectivity among “Greater Wildland Ecosystems”. PPllaann CCoonncclluussiioonnss High BCPI values were associated with suburban and rural development, roads, urban proximity, valley bottom landforms, and low intensity of current development within the study area. Existing conservation easements were observed to be distributed more towards lower BCPI value areas than unprotected NVC at both the study area and region scales. IInntteeggrraattiioonn iinnttoo GGaallllaattiinn VVaalllleeyy SSeennssiittiivvee LLaannddss PPrrootteeccttiioonn PPllaann The results of this study and model are relevant to the Sensitive Lands Protection Plan and should be considered for inclusion. 554 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 123123 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 17 Part 3: Implementation Tools EExxiissttiinngg CCooddee aanndd RReegguullaattiioonnss GGaallllaattiinn CCoouunnttyy ZZoonniinngg RReegguullaattiioonnss Zoning regulations are adopted in conformity with the Growth Policy to the greatest extent possible under existing Montana State law. The County currently has 22 different Zoning Districts. Zoning may regulate various components of development or impacts from development, including building setbacks, building height, density, use, landscaping, and other standards and provisions. The recently adopted Growth Policy calls for the update of Zoning Regulations, creation of a Future Land Use map, update of the Floodplain Management Ordinance, updates of the subdivision regulations to be consistent with the goals and policies. BBoozzeemmaann CCooddee The Unified Development Code update for Bozeman is in progress. The current code has significant direction in place to protect sensitive lands in the city limits with applicable setbacks, watercourse protections, etc. FFuunnddiinngg SSoouurrcceess,, PPaarrttnneerrsshhiippss,, aanndd CCoonnsseerrvvaattiioonn TToooollss GGaallllaattiinn CCoouunnttyy OOppeenn LLaannddss TTaaxx && PPrrooggrraamm In 2018 Gallatin County voters passed the Open Space Levy that allows an up to 4.5 mills for open space conservation, with .5 being transferred to parks fund for capital improvements and maintenance. Conservation Projects (3.25 mills) are projects related to the purchase of land and conservation easements to conserve farm and ranch lands, provide recreation, protect water quality of streams and rivers, manage growth, protect wildlife areas, and Other Eligible Projects (0.75 mills) are those capital improvements and maintenance projects that support the purpose of the open space levy and are eligible for funding under the Levy. “The Gallatin County Open Lands Board seeks to preserve open space lands for the enjoyment of present and future generations. The diverse acreage includes rich agriculture lands, serene mountain settings, parks, unique wildlife habitats, streams and lakes, historic areas and trail corridors. A prime goal of the Open Space Program is to preserve and enhance the County's uniqueness -- its striking mountain vistas, rolling agriculture plains, fish-filled streams and abundant wildlife.” In 2022, the Open Space Mill Levy collected nearly $1.8 million in revenue from property taxes. The mill levy’s supports open land projection through funding conservation easements by project applicants. The County Open Lands Program has provided funding to conserve 50,000 acres of open space in the County, across 58 conservation easement. The County manages a 100-acre regional open space in Bozeman. GGaallllaattiinn VVaalllleeyy LLaanndd TTrruusstt && MMoonnttaannaa LLaanndd RReelliiaannccee The GLVT and Montana Land Reliance work with Gallatin County Open Lands to conserve areas in Gallatin Valley, and beyond, through conservation easements. Funds from the Gallatin County Open Lands tax are provided to these non-profits through the application process. Recent projects include conserving a nearly 800-acre bison ranch and 300 acres of grain and hay operations. GVLT Mission: Gallatin Valley Land Trust connects people, communities, and open lands through conservation of working farms and ranches, healthy rivers, and wildlife habitat, and the creation of trails in the Montana headwaters of the Missouri and Upper Yellowstone Rivers. Montana Land Reliance Mission: The Montana Land Reliance partners with private landowners to permanently protect agricultural lands, fish and wildlife habitat, and open space. 555 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 124124 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 18 CCaannddiiddaattee CCoonnsseerrvvaattiioonn AAggrreeeemmeenntt wwiitthh AAssssuurraanncceess https://www.fws.gov/service/candidate-conservation-agreements-assurances#:~:text=What%20is%20a%20CCAA%3F,become%20candidates%20in%20the%20future. The Candidate Conservation Agreement with Assurances program started in 2005 by the U.S. Fish & Wildlife Service. A CCAA is a voluntary agreement that provides incentives for non-federal landowners to conserve candidate and other unlisted species likely to become candidates in the future. For the length of the agreement, landowners agree to undertake specific activities that address the identified threats to the target species. In return for the participant’s voluntary conservation action(s), the Service issues an Enhancement of Survival Permit under section 10(a)(1)(A) of the ESA. The permit, which goes into effect if the covered species is later listed as endangered or threatened under the ESA, provides assurances that, if the species is subsequently listed and no other changes have occurred, the Service will not require the permittee to conduct any additional conservation measures without consent. Additionally, the permit authorizes a specific level of incidental take of the covered species, should listing occur. The agreements created site-specific conservation plans tailor made to mesh with a rancher’s operation to protect riparian habitat, improve in-stream flows, protect fish passage, and keep fish from being lost in irrigation ditches. In return, ranchers who signed onto the program received peace of mind knowing they’d be protected should a judge decide that Arctic grayling belong on the endangered species list. Today, there are over 30 ranching families involved in the program that’s been instrumental in doubling grayling populations and improving riparian habitat for dozens of other native species. UUnniivveerrssiittyy ooff MMoonnttaannaa VVootteerr SSuurrvveeyy oonn PPuubblliicc LLaannddss https://crown-yellowstone.umt.edu/voter-surveys/2022/ The 2022 Voter Survey on Public Lands was commissioned by the University’s Crown of the Continent and Greater Yellowstone Initiative (COCGYI). The biannual survey has tracked opinions of likely voters in Montana since 2014 and seeks to understand how residents think about public land and natural resource issues. Some survey findings include: “Bipartisan consensus for wildlife corridors and enhanced conservation funding According to the survey, protecting wildlife migration corridors is a popular bipartisan priority. Eighty seven percent of Montana voters support constructing more wildlife crossing structures, 86% support providing incentives to landowners to conserve private lands, and 81% support managing larger blocks of public lands as wildlife habitat. The survey also finds very strong bipartisan support for continuing to direct tax revenue from the sale of recreational marijuana toward conservation programs administered by Montana Fish, Wildlife and Parks. Eighty-two percent of voters say the state Legislature should continue using recreational marijuana taxes to support wildlife conservation, create public access and maintain state parks and trails. Continued support for public land protection As in past years, the 2022 survey finds cross-party support for several citizen-initiated efforts to protect public lands. These proposals require Congressional approval and include: • More voters than ever, 83%, support the Blackfoot Clearwater Stewardship Act to expand protections on public lands adjacent to the Bob Marshall Wilderness. • 77% of voters support a proposal to protect a Wilderness Study Area in the Gallatin Range near Yellowstone National Park. • 71% of voters support the Lincoln Prosperity Proposal to increase protections on national forest lands, boost recreation opportunities and promote forest restoration near the town of Lincoln. This year’s survey also finds strong support for some national strategies aiming to protect public and private lands. For instance, 556 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 125125 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 19 78% of voters support the president’s ability to protect existing public lands as national monuments, and 66% of voters support the America the Beautiful Initiative, a national policy that seeks to conserve 30% of America’s land and 30% of its oceans by the year 2030. Finally, when it comes to management of public lands, 79% of voters say it’s important for Native American tribes to have a stronger role in decisions that impact public lands when they are sacred or historically important to tribes.” LLeeggiissllaattiivvee IInniittiiaattiivveess FFaarrmm BBiillll The farm bill, renewed every five years, is the federal government’s main package of legislation for agriculture and food policy. Tucked inside this critical bill are numerous conservation programs that spur healthier habitat, cleaner water, and more sustainable landscapes and provide a lifeline to fish and wildlife. The conservation provisions of the Farm Bill provide billions of dollars a year for voluntary conservation of soil, water, and wildlife habitat on private lands through delivery of financial and technical assistance to our nation’s farmers, ranchers, and non-industrial forest landowners. The U.S. Fish and Wildlife Service coordinates with the U.S. Department of Agriculture to provide technical assistance in the development, implementation and evaluation of Farm Bill conservation programs and initiatives to meet shared conservation goals. Many of the programs are outlined here: https://www.trcp.org/farm-bill/ RReeccoovveerriinngg AAmmeerriiccaa’’ss WWiillddlliiffee AAcctt ((PPrrooppoosseedd)) The Recovering America’s Wildlife Act will allow the states, territories, and tribes to invest $1.4 billion annually in proactive, on-the-ground, collaborative efforts to help species at risk by restoring habitat, controlling invasive species, reconnecting migration routes, addressing emerging diseases, and more. The bill will: • Provide state and territorial wildlife agencies with $1.3B annually so they can implement their federally-approved Wildlife Action Plans. • Invest $97.5M annually in the wildlife conservation efforts led by Tribal Nations. • Allot 10% of dedicated annual funds towards the implementation of a competitive grants program aimed at fostering regional cooperation among states. • Leverage funds from state agencies, universities, and non-governmental organizations to boost the power of federal conservation spending. • Provide greater regulatory certainty for industry and private partners by conserving species and avoiding the need to list them under the Endangered Species Act. Empower wildlife professionals to hold the nation’s wildlife in the public trust for generations to come by providing state and tribal agencies with the flexibility to conserve populations in an effective and cost-efficient manner. Part 4: Existing Sensitive Lands Models covering the Gallatin Valley Study Area See formatted PDF 557 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 126126 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 20 Part 5: Models/Program Case Study Review Five case studies related to landscape level conservation models and programs from other areas were reviewed. Each case study highlights constituents that were involved, challenges the model/study was addressing, the impact of the model, and the overall model methodology. Case studies that warrant further evaluation to analyze how their program worked, or did not work, could be followed up with program managers interviews to assist in discussion of preliminary recommendations, including funding and implementation steps (code, etc.). CCaassee SSttuuddyy OOnnee:: LLaakkee CChheellaann WWAA CCoommmmuunniittyy OOppeenn SSppaaccee VViissiioonn ((AA TTrruusstt ffoorr PPuubblliicc LLaanndd GGrreeeennpprriinntt)) Who prepared the model? • The Trust for Public Land GIS and Planning Unit  What other constituents were involved in its creation? • Core team included staff from Chelan-Douglas Land Trust, the Lake Chelan Trails Alliance, the City of Chelan, and TPL. • Technical Advisory Team – experts in the areas of focus for the plan including recreation, fish and wildlife, trail design, DNR, USFS, public utilities, and more (p. 50 in the report). The Technical Advisory Team of local experts provided strategic advice on data collection and modeling. • The report also lists others that were interviewed (p. 49) and participated in community meetings. • Overall, they reported engaging with over 1,000 people through a mix of engagement strategies including speak-outs, community meetings, ground truthing, interviews and community surveys.  What answer or problem what is the model attempting to elucidate? • To create a shared vision for land protection and stewardship. • They developed a shared mission statement: “To steward our valley’s open spaces in ways that improve access, protect environmental quality, and enhance the vitality of residents and visitors.” • Top open space goals identified during stakeholder and community outreach: 1. Protect water quality; 2. Promote community health through increasing access to trails, parks, and the lake; 3. Protect wildlife habitat; and 4. Preserve agricultural land.  What was the impact or long-term outcome of the model? • The constituents identified potential funding mechanisms (p. 42) and implementation ideas (p. 43) including working with willing landowners for voluntary land protection, develop new trails and improve existing, improve the park, recreation and open space plan, promote low impact development and green infrastructure, develop education programs, strategies to reduce lake pollution and more. • There is an online decision support tool here. • The plan was completed in March 2018. Follow-up is required with members of the core team to understand outcomes since 2018. I would recommend following up with the Chelan-Douglas Land Trust first.  Is the methodology described, and can you reference any publications? • The GIS team from TPL worked with community meeting participants and a technical advisory team to create maps for each of the open space goals listed above and an overall map combining the goals. Through analyzing and modeling spatial data, regional priorities were translated into objective metrics, and maps highlighting the areas where voluntary land conservation and public land management strategies could best meet community goals. • Detailed data matrix is here. It describes the base data used and is organized by priority goal and overall priorities map with detailed methodology descriptions for each criteria model. • The general project approach methodology can be inferred from the report. 558 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 127127 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 21 CCaassee SSttuuddyy TTwwoo:: TThhee IInntteerrttwwiinnee -- RReeggiioonnaall CCoonnsseerrvvaattiioonn SSttrraatteeggyy ffoorr tthhee ggrreeaatteerr PPoorrttllaanndd-- VVaannccoouuvveerr RReeggiioonn  Who prepared the model? • The Intertwine Alliance—a broad coalition of public, civic, private, and nonprofit organizations dedicated to building a world-class system of parks, trails, and natural areas. The Intertwine Alliance was formed in 2009 to ensure that the region’s network of parks, trails, and natural areas is completed and cared for, and to help the region’s residents connect with nature and live active, healthy lives  What other constituents were involved in its creation? • A number of lead partners and other partners are listed on the website.  What answer or problem what is the model attempting to elucidate? • The Intertwine vision calls for the creation of “a bi-state regional biodiversity recovery and management plan that would, among other goals, identify significant natural areas for acquisition and protection, develop innovative strategies to conserve the region’s natural resources, and ensure that large and small refugia are interconnected in every neighborhood and watershed in the region.” • The vision calls for specific outcomes that would result in the protection of a diversity of habitat types, plants, and animals across the urban and rural landscape; acquisition, restoration, and management of habitat connectivity for fish and wildlife; and long-term protection of the ecological integrity of streams, wetlands, rivers, and floodplains. • They also include access to nature, climate change issues and development pressures.  What was the impact or long-term outcome of the model? • The desired outcomes of The Intertwine vision are as follows: o Ensure that the diversity of habitat types, plants, and animals is protected, conserved, and restored across the region’s urban and rural landscapes. o Acquire, protect, conserve, and manage functional habitat connectivity for wildlife (e.g., corridors, landscape permeability) and create connections between habitat areas. o Control invasive plant, animal, and aquatic species and reestablish native species. o Create a healthy urban forest canopy that contributes to improvements in stormwater management and air quality. o Maintain the long-term ecological integrity of streams, wetlands, rivers, and floodplains, including their biological, physical, and social values. • They are using the plan to make the case for Federal funding though it’s difficult to find statistics on exactly how much has resulted from the use of the plan. • They are using the plan to support local ballot and dedicated funding sources: https://www.theintertwine.org/endorsements-november-2022-ballot with the goal to create 1 billion in funding by 2024 for parks, open space, conservation and restoration.  Is the methodology described, and can you reference any publications? • Chapter 3 in the Regional Conservation Strategy for Greater Portland-Vancouver Region describes the integration of many Federal, state, local and organization –driven plans into this overarching plan. • The data, tools, and maps come from the Biodiversity Guide for the Greater Portland-Vancouver Region, a companion guide to the overall conservation plan. The Biodiversity Guide includes mapping and GIS modeling completed specifically for this project and provides important tools for conservation practitioners and decision makers: a narrative that describes the composition and patterns of biodiversity across the region, a land cover map at a scale suitable for analysis of urban and near-urban areas, and a data-driven GIS model of conservation priority areas. • An important benefit of the planning approach is the flexibility to analyze data at any scale, from the 3,000-squaremile region to the local and neighborhood scales. • The Biodiversity and Riparian habitat model approach is described in Appendix B on page 171 and is the most useful in describing the GIS methodology. They used a raster-based analysis format to map and analyze the region as square pixels in a rectangular grid. Each pixel was scored uniquely based on the 559 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 128128 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 22 science-based criteria. They included a high-resolution (5-meter) regional land cover map and data on wetlands, bodies of water, food plains, soil types, and roads. • The interactive map viewer, data and documentation can be found here and was created by GreenInfo Network, a CA-based GIS organization. CCaassee SSttuuddyy TThhrreeee:: RRooaarriinngg FFoorrkk ((CCOO)) WWaatteerrsshheedd BBiiooddiivveerrssiittyy aanndd CCoonnnneeccttiivviittyy SSttuuddyy  Who prepared the model? • Colorado Natural Heritage Program  What other constituents were involved in its creation? • Watershed Biodiversity Initiative and science team members from organizations, federal, state and local agencies – list in Appendix A on page 76 here. • They are collaborating with local constituents and funders. Funders included Pitkin County, EPA, Town of Aspen and Carbondale.  What answer or problem what is the model attempting to elucidate? • Declines in elk, mule deer, big horn sheep and other common species in the watershed • They wanted a science-based approach to identify areas to protect or restore to improve biodiversity with a landscape perspective. The Roaring Fork watershed is almost 930,000 acres and houses 32,000 people.  What was the impact or long-term outcome of the model? • The study was just completed in 2022 but the intended outcomes are to use the decision support tool and maps to identify conservation and restoration opportunities on public and private lands, engage the community to support conservation actions and minimize conflicts and support collaborative conservation and public/private partnerships.  Is the methodology described, and can you reference any publications? • The took a unique approach and framed the study around key focal species that were in decline (elk, mule deer and big horn sheep) because their habits are the most threatened and protecting those lands could meet multiple biodiversity and connectivity objectives for many species. From the report: “Also, there was the thought among Project and Science Teams that, by identifying high quality, well-connected areas across the multiple habitat types used by these wide-ranging species, habitats important to many other species would be included as well.” • The key analyses and mapped outputs (models) of the study were 1) Habitat Quality for elk, mule deer, and bighorn, and 2) Conservation Importance—critical areas for focal species as well as other biodiversity values, culminating in 3) Conservation and Restoration Priorities across the landscape (See page 8 of the report for methods overview). • Study design is outlined on p. 23 of the report. CCaassee SSttuuddyy FFoouurr:: SSaannttaa CCrruuzz CCoouunnttyy ((CCAA)) CCoonnsseerrvvaattiioonn BBlluueepprriinntt  Who prepared the model? • Santa Cruz Land Trust with extensive input and support of partners  What other constituents were involved in its creation? • Two teams (referenced on p. ix): o Planning Team: Land Trust of Santa Cruz County, Bay Area Open Space Council, and consultants o Technical and Planning Analysis Team that advised on the model: UC Davis Hopland Research and Extension Center; UC Berkeley Cooperative Extension; Creekside Center for Earth Observation; Green Info Network; MIG Inc., and other consultants • Funders are listed on page ix • Constituents are listed on pages x to xi.  What answer or problem what is the model attempting to elucidate? 560 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 129129 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 23 • Conservation challenges in water shortages and pollution, habitat loss and fragmentation, climate change, and threats to the viability of local agriculture. • The goal was to identify strategies and specific actions to achieve four conservation goals in 1) biodiversity, 2) water resources, 3) working lands, and 4) recreation and healthy communities. • A key goal was to design a network of conservation lands that could build upon the existing protected lands (Conservation Lands Network Model).  What was the impact or long-term outcome of the model? • It will serve as a strategic tool over the next 25 years for the Land Trust of Santa Cruz County to 1) make informed conservation choices and investments; 2) enhance cooperation and coordination; 3) accelerate the pace and effective ness of conservation and 4) better position the County and region for state, federal, and private funding for land protection and resource stewardship. It is also to serve as a resource for conservation partners, non-profit organizations, landowners, and other community constituents to collaboratively advance conservation efforts. • The model identified nine multi-benefit conservation areas within the county (Figure ES1 on page xvi) that met the selection criteria and were most likely to contribute to multiple goals across the four conservation areas. These multi-benefit areas were prioritized based on four criteria: 1) scale of conservation impact and multiple conservation benefits; 2) challenges/threats; 3) opportunities/funding; and 4) ecosystem integrity and long-term stewardship. These are discussed in further detail on page 35.  Is the methodology described, and can you reference any publications? • Biodiversity planning process and methodology is located on page 48 while strategies are discussed on page 86. An overlay analysis was used with elements described on page 82. Conservation lands network methodology is described on page 65. Habitat connectivity analysis objectives are described on page 69. Climate change resilience strategies are described on page 78. • Water resource conservation goals are described on page 121. Water quality monitoring and interactive websites are listed on page 115. • Working Lands conservation criteria and goals are listed on pages 143 – 144. • Recreation and Healthy Community goals are listed on page 151 and criteria on page 162. • Appendix B is where Conservation Lands Network Model is described in more technical detail. It is summarized on page B-1 and was developed with the aid of Marxan, a computer program that has been utilized in conservation planning projects worldwide. Vegetation data sources used are outlined in Table B-2. Vegetation rarity categories were created. Fine filter data sources are outlined in Table B-4. Landscape units, planning units, and suitability and cost are described. Section B-6 discusses model parameters and settings followed by analysis and solution. • Appendix C discusses the Habitat connectivity analysis. • Appendix D outlined developed and protected lands in the Bay Area. CCaassee SSttuuddyy FFiivvee:: BBaaiinnbbrriiddggee IIssllaanndd ((WWAA)) CCoonnsseerrvvaattiioonn PPllaann aanndd UUppddaattee  Who prepared the model? • Bainbridge Island Land Trust (WA)  What other constituents were involved in its creation? • Listed on page 9 of the report linked above – a small set of constituents from the City of Seattle, University of WA, and consulting firms  What answer or problem what is the model attempting to elucidate? • The 2018 Conservation Plan Update is designed to build upon, not replace the 2012 BILT Conservation Plan, and refine the strategic initiatives for protection and restoration endeavors. In the 2012 plan, BILT recognized that the supply of conservation lands and habitats on Bainbridge Island was diminishing due to the continued press of development and land use patterns. In 2018, these concerns remain and are heighted due to population growth in the Puget Sound area and on Bainbridge Island. With a sense 561 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 130130 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 24 of urgency and the need to focus efforts, the 2012 Plan identified two priority ecological systems worthy of our increased attention and action. As BILT worked to update our conservation priorities for now and the future, these priorities remain our focus wildlife networks and shoreline habitats.  What was the impact or long-term outcome of the model? • Many successes from the 2012 modeling process outlined on page 4 of the report and include: acquisition of large sections of land in the core area of the island (fee and easement), expanded protected lands around a nature preserve, shoreline restoration and public/private partnerships for land protection and management. • The Conservation Value Index model, described below, is used by the land trust to evaluate land protection opportunities and to strategically identify landowners for outreach and partnership purposes.  Is the methodology described, and can you reference any publications? • They performed a suitability analysis described mainly on page 27 and they called it a Conservation Value Index (CVI). They divided the island into a very fine grid and assigned each grid cell points based on each of the resource values that fall within it. Then the points for each of these resource layers can be added to give a cumulative score for each cell. A place with a high concentration of resources, such as wetlands, streams, rare species’ nests, and adjacent to an already-protected area, will show as a cluster of cells with high scores. For a parcel, the cell values could be summed across the area, or an average could be used to compare the value of one vs. another. • Descriptions and scores assigned to resource values can be found in the tables starting on page 28. Part 6: Example ArcHub Site Review A key task as part of this planning effort is to develop and work within a website platform that provides interactive mapping tools along with community outreach capabilities, document libraries, and the plan executive summary. ESRI’s ArcHub platform was chosen as the primary project website. Example ArcHub sites are provided below: https://www.californianature.ca.gov/ - Looks like a traditional website but it is entirely built in ArcGIS Hub. Multiple layers and data. Great organization, layout, and components. https://nwpark-cityofhoboken.opendata.arcgis.com/ - Intuitive layout and design - sleek, high-quality graphics, simple in design and engaging. Focused on a single park but could imagine how a similar organizing approach could be applied to a planning process. https://strategic-plan-ral.opendata.arcgis.com/ - Good example and layout for organizing a hub around a municipal/city strategic plan. Fairly dense but key elements from the comprehensive and other plans are made more accessible to the general public and partners through condensed narrative, graphs, charts, videos and maps. https://tenminwalk-lynnwoodwa.hub.arcgis.com/ - An example of an “initiative-based” hub. Linked to other sites and resources, give plenty of information on how to get involved, interactive maps, and more. https://coloradoriverbasin-lincolninstitute.hub.arcgis.com/ - An example of a “data portal” hub that is focused on making geospatial data, maps, and apps accessible to all-in-one location. This hub is based on a topic – the CO River Basin – and water issues. It was created by the Lincoln Institute to make data available from a story map that was previously created called “The Hardest Working River in the West”. They got over 40,000 hits on the story map and people asking for the data behind it, so the answer was to create a hub to deliver that data. https://downtown-energize-kentlands-symgeo.hub.arcgis.com/ - Focused on surveys right up front. Simple, sleek and has good graphics. 562 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 131131 Gallatin Sensitive Lands Literature, Policy, and Case Study Review 25 https://ddot-urban-forestry-dcgis.hub.arcgis.com/ - A more complicated hub site but shows how it can be used to support a city’s tree program. It is a one stop shop for residents to learn about DC tree processes for permitting, planting, cutting down, etc. and includes a lot of multi-media like videos and interactive maps. 563 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 132132 Appendix B: Statistically Valid Survey Report 564 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 133133 STATISTICALLY VALID SURVEY REPORT PPrreeppaarreedd bbyy:: DDrraafftt JJaannuuaarryy 1199,, 22002233 565 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 134134 Gallatin Valley Sensitive Lands Protection Plan – Statistically Valid Survey Report DRAFT Page i TTAABBLLEE OOFF CCOONNTTEENNTTSS BACKGROUND ........................................................................................................................... 1 SUMMARY OF FINDINGS ......................................................................................................... 2 KEY FINDINGS ........................................................................................................................... 3 PRIORITY OF LAND USES AND NATURAL RESOURCES .................................................. 5 REASONS SENSITIVE LAND PROTECTION IS IMPORTANT TO GALLATIN VALLEY 6 MOST IMPORTANT WILDLIFE WHEN PROTECTING HABITAT ...................................... 8 MOST IMPORTANT WHEN PROTECTING WORKING FARMS AND RANCHES .......... 10 MOST IMPORTANT WHEN PROTECTING VEGETATION ................................................ 11 MOST IMPORTANT WHEN PROTECTING WETLANDS, RIPARIAN AREAS, LAKES, STREAMS, AND RIVERS ......................................................................................................... 13 ADDITIONAL THOUGHTS ...................................................................................................... 15 DEMOGRAPHICS ..................................................................................................................... 17 APPENDIX A – SURVEY INSTRUMENT 566 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 135135 Gallatin Valley Sensitive Lands Protection Plan – Statistically Valid Survey Report DRAFT Page 1 BBAACCKKGGRROOUUNNDD This report presents the findings of a community survey of residents of the Gallatin Valley. As was printed in the introduction of the survey: A strong connection between clean water, abundant wildlife, productive agriculture, and cultural heritage has provided a high quality of life for generations. As the Gallatin Valley continues to experience unprecedented growth, a regional approach to protecting sensitive lands can help us develop and live in greater harmony with the natural environment. The City of Bozeman is partnering across a wide variety of government agencies and non-profit organizations to protect important wildlife habitat and critical connections for wildlife and natural systems throughout the Gallatin Valley. The Plan will map sensitive land priorities, make intangible values and natural assets more tangible, and recommend how we can work together to protect the most sensitive resources. The survey determined residents’ reaction to:  The importance of a range of land uses and natural resources  The importance of sensitive land protection in the Gallatin Valley  The types of wildlife that are most important to protect  Protecting working farms and ranches  The most important things in protecting vegetation  The most important things in protecting wetlands and other waters  Final thoughts with an open-ended question The survey was conducted via U.S. Postal Service in November and December 2022. A survey was mailed to a random sample of 3,500 people who own homes in the study area which consisted of Bozeman, Belgrade, Manhattan, Three Forks, and unincorporated Gallatin Valley. People were also given the opportunity to respond electronically via a URL that was printed on the survey. To serve everyone in the study area, instructions were printed in Spanish on the front of the survey as to how people could respond to a Spanish version of the electronic survey. To further serve the community, the electronic survey was made available to all residents in the Gallatin Valley through a link on Project’s webpage. While the 163 responses to this survey have been kept separate from the results of the random sample because they are not as defensible as being representative of area residents, the results to this “open link” survey are statistically identical to the results of the random sample survey. Importantly, in the random sample survey, the distribution of completed surveys by area of residence was statistically identical to the actual geographic distribution of residence in the Gallatin Valley. Completed surveys were returned in a postage-paid envelope to Left Brain Concepts, Inc., a Denver-area market research and consulting firm. The survey was written by senior staff at the City of Bozeman and consultant team at Logan Simpson Design, Inc. Left Brain compiled and analyzed the results and prepared this report. The introduction asked a head of household, 18 years or older to complete the survey. A total of 406 surveys were completed – 348 via mail and 58 electronically. Because some responses came in after the cut-off date to prepare this report, 395 surveys are included in the results. The maximum margin of error for a sample of 395 is + 4.9% at the 95% level of confidence. Results were also analyzed (cross tabbed) by the following variables.  Area of residence in the Gallatin Valley study area  Length of residence in the Gallatin Valley study area 567 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 136136 Gallatin Valley Sensitive Lands Protection Plan – Statistically Valid Survey Report DRAFT Page 2 SSUUMMMMAARRYY OOFF FFIINNDDIINNGGSS As evidenced by “Priority of land uses and natural resources” below, Gallatin Valley residents are supportive of the concept of the Sensitive Lands Protection Plan. This is not always a given among residents of an area. Of the nine resources of wildlife, plant communities, waters, agricultural lands, migratory bird habitats, forested areas, native grasslands, and historic and archaeological sites, all but historic and archaeological sites were rated as high or highest priority by 56% or more of area residents. The primary reasons sensitive land protection is important to residents are water-related - quantity and quality – and wanting to maintain the Valley’s wildlife population and biodiversity. Residents are most interested in protecting deer, elk, moose and other ungulates, native fish and aquatic species, and protecting the connectivity between wildlife habitats. Regarding working farms and ranches, people are most concerned about local food production, conserving native plants and wildlife habitat, and supporting local livestock production. For vegetation, water is the most important issue to Valley residents. A distant second is protecting food sources for wildlife. Tied for third is providing shelters for wildlife, pollination, and protecting both native plant communities and forested areas. For wetlands, riparian areas, lakes streams, and rivers, people’s biggest concern is access to clean drinking water. Second is protecting diversity of wildlife habitat. Tied for third are native fish populations, access to water for farm and ranch irrigation, and resiliency to natural disasters and changing climate. Residents’ final thoughts when asked on an open-ended basis are a desire to avoid sprawl into agricultural and natural areas, wanting to maintain a balance between growth and preservation, and concerns about the availability of water. A total of 135 people provided these additional comments, which is 33% of the completed surveys. 568 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 137137 Gallatin Valley Sensitive Lands Protection Plan – Statistically Valid Survey Report DRAFT Page 3 KKEEYY FFIINNDDIINNGGSS Priority of land uses and natural resources: The following land uses and natural resources are all important and will be considered within the Gallatin Valley Sensitive Lands Protection Plan. However, the plan will require prioritizing some resources over others. Please consider which of the following provide the most important benefits to the Gallatin Valley or are at the most at risk. Using the scale, assign each category a priority level. (1 = lowest priority, 5 = highest priority). Combined responses of 4 and 5 were as follows.  Rivers, streams, and wetlands (96%)  Wildlife habitat (84%)  Linkage areas between wildlife habitats (71%)  Forested areas (73%)  Agricultural lands (67%)  Migratory bird habitat (65%)  Native plant communities (62%)  Native grasslands (56%)  Historic and archaeological sites (including tribal areas) (48%) Reasons sensitive land protection is important to Gallatin Valley: Why do you think sensitive land protection is important to the Gallatin Valley?  Protect water quantity and quality for aquatic life and recreation (56%)  Maintain the Valley’s renowned wildlife populations and biodiversity (52%)  Provide water quality and quantity for local residents (51%)  Provide water availability for agricultural users (34%)  Increase climate resilience to natural disasters (24%)  Preserve agricultural heritage (24%)  Maintain and create multi-use recreation areas (hiking, biking, horse riding, etc.) (22%)  Foster natural carbon sequestration processes and greenhouse gas emission (21%)  Preserve landmarks to maintain a sense of place (11%)  Provide and improve hunting areas (10%)  Preserve recreation opportunities to support the economic benefit of tourism (9%)  Provide and improve angler access (8%) Most important wildlife when protecting habitat: What types of wildlife do you think is most important to consider when protecting wildlife habitat in the Gallatin Valley?  Deer, elk, moose, and other ungulates (61%)  Native fish and aquatic species (57%)  Connectivity areas between wildlife habitat (46%)  Endangered, threatened, or rare species (grizzly bears, Canada lynx, etc.) (35%)  Migratory birds (34%)  Raptor nesting areas (33%)  Bears (19%)  Medium sized mammals (coyotes, foxes, etc.) (15%)  Rodents (chipmunks, squirrels, voles, etc.) (5%) 569 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 138138 Gallatin Valley Sensitive Lands Protection Plan – Statistically Valid Survey Report DRAFT Page 4 Most important when protecting working farms and ranches: What do you think is most important to consider when protecting working farms and ranches in the Gallatin Valley?  Supporting local food production (71%)  Conserving native plants and wildlife habitat (grasslands, wetlands, riparian areas) (50%)  Supporting local livestock production (49%)  Supporting crop production for regional and natural needs (45%)  Preserving agricultural heritage and sense of place (44%)  Facilitating natural carbon sequestration (23%) Most important when protecting vegetation: What do you think is most important to consider when protecting vegetation in the Gallatin Valley?  Water quality (64%)  Food sources for wildlife (46%)  Shelter for wildlife (32%)  Pollination (32%)  Native plant communities (31%)  Forested areas (30%)  Grasslands (23%)  Tree canopy to prevent heat island effect (14%)  Specimen trees (14%)  Endangered, threatened, or rare species (Ute ladies-tresses, etc.) (10%) Most important when protecting wetlands, riparian areas, lakes, streams, and rivers: What do you think is most important to consider when protecting wetlands, riparian areas, lakes, streams, and rivers in the Gallatin Valley?  Access to clean drinking water (67%)  Wildlife habitat diversity (49%)  Native fish populations (38%)  Access to water for farm and ranch irrigation (38%)  Resiliency to natural disasters and changing climate (38%)  Aquatic species biodiversity (31%)  Recreation opportunities (ex. Fishing, rafting, swimming, etc.) (20%)  Food for wildlife (15%) Additional thoughts (Open Ended Comments): What additional thoughts would you like to share about sensitive lands protection in the Gallatin Valley?  Avoid sprawl into agricultural and natural areas (33%)  Maintain a balance between growth and preservation (25%)  Water availability (20%)  Control growth in Gallatin Valley (16%)  Slow development of subdivisions (16%)  Riparian areas need to be protected from livestock and development (13%)  Need more conservation easements (7%)  Need water conservation measures in households (6%)  Protect wildlife corridors (6%)  Protect farm and ranch land (5%)  Restrict or prohibit further land development outside Bozeman city limits (4%)  Protect water rights (3%)  Protect land and water from pesticide use (2%)  Plant low-water yards and plants (2%) 570 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 139139 Gallatin Valley Sensitive Lands Protection Plan – Statistically Valid Survey Report DRAFT Page 5 PPRRIIOORRIITTYY OOFF LLAANNDD UUSSEESS AANNDD NNAATTUURRAALL RREESSOOUURRCCEESS Question: The following land uses and natural resources are all important and will be considered within the Gallatin Valley Sensitive Lands Protection Plan. However, the plan will require prioritizing some resources over others. Please consider which of the following provide the most important benefits to the Gallatin Valley or are at the most at risk. Using the scale, assign each category a priority level. (1 = lowest priority, 5 = highest priority) Combining responses of 4 and 5, Gallatin Valley residents rated the importance of natural resources as follows.  Rivers, streams, and wetlands (96%)  Wildlife habitat (84%)  Forested areas (73%)  Linkage areas between wildlife habitats (71%)  Agricultural lands (67%)  Migratory bird habitat (65%)  Native plant communities (62%)  Native grasslands (56%)  Historic and archaeological sites (including tribal areas) (48%) Differences by demographics Agricultural lands Residents of Belgrade, Manhattan, and Three Forks gave almost twice the ratings of 5 than residents of Bozeman (62% vs. 32%). There were no other differences by demographics therefore additional tables are not presented for each land use cross tabbed by area of residence and by length of residence in the Valley. PRIORITY OF LAND USES AND NATURAL RESOURCES 5 = Highest priority 4 3 2 1 = Lowest priority Rivers, streams, and wetlands 80% 16% 2% 1% 1% Wildlife habitat 57% 27% 11% 3% 2% Linkage areas between wildlife habitats 47% 24% 18% 7% 4% Agricultural lands 43% 24% 19% 6% 8% Forested areas 37% 36% 21% 4% 2% Migratory bird habitat 34% 31% 24% 7% 4% Native plant communities 28% 34% 24% 10% 4% Native grasslands 28% 28% 30% 10% 4% Historic and archaeological sites (including tribal areas) 22% 26% 28% 14% 10% 571 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 140140 Gallatin Valley Sensitive Lands Protection Plan – Statistically Valid Survey Report DRAFT Page 6 RREEAASSOONNSS SSEENNSSIITTIIVVEE LLAANNDD PPRROOTTEECCTTIIOONN IISS IIMMPPOORRTTAANNTT TTOO GGAALLLLAATTIINN VVAALLLLEEYY Question: Why do you think sensitive land protection is important to the Gallatin Valley? (Select up to 3) From the list of twelve issues posed to area residents, results were as follows.  Protect water quantity and quality for aquatic life and recreation (56%)  Maintain the Valley’s renowned wildlife populations and biodiversity (52%)  Provide water quality and quantity for local residents (51%)  Provide water availability for agricultural users (34%)  Increase climate resilience to natural disasters (24%)  Preserve agricultural heritage (24%)  Maintain and create multi-use recreation areas (hiking, biking, horse riding, etc.) (22%)  Foster natural carbon sequestration processes and greenhouse gas emission reductions (21%)  Preserve landmarks to maintain a sense of place (11%)  Provide and improve hunting areas (10%)  Preserve recreation opportunities to support the economic benefit of tourism (9%)  Provide and improve angler access (8%) Differences by demographics Provide water availability for agricultural users Residents of Belgrade, Manhattan, and Three Forks noted this more than twice as much as Bozeman residents (51% vs. 24%) Increase climate resilience to natural disasters Bozeman residents cited this almost three times more than residents of Belgrade, Manhattan, and Three Forks (33% vs. 13%) Preserve agricultural heritage People in unincorporated areas reported this twice as much as Bozeman residents (33% vs. 16%) Respondents who have lived in the Gallatin Valley for 20+ years cited this more than twice as much as people who have lived in the Valley for less than 20 years (30% vs. 13%) 572 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 141141 Gallatin Valley Sensitive Lands Protection Plan – Statistically Valid Survey Report DRAFT Page 7 REASONS SENSITIVE LAND PROTECTION IS IMPORTANT IN GALLATIN VALLEY Area of residence Years in Gallatin Valley Total Bozeman Belgrade, Manhattan, Three Forks Unincorp. < 20 years 20+ years Protect water quantity and quality for aquatic life and recreation 56% 60% 49% 57% 58% 56% Maintain the Valley's renowned wildlife populations and biodiversity 52% 57% 51% 49% 59% 48% Provide water quality and quantity for local residents 51% 52% 58% 47% 52% 51% Provide water availability for agricultural users 34% 24% 51% 37% 27% 37% Increase climate resilience to natural disasters 24% 33% 13% 19% 26% 24% Preserve agricultural heritage 24% 16% 24% 33% 13% 30% Maintain and create multi-use recreation areas (hiking, biking, horse riding, etc.) 22% 26% 25% 14% 23% 21% Foster natural carbon sequestration processes and greenhouse gas emission reductions 21% 25% 15% 22% 20% 23% Preserve landmarks to maintain a sense of place 11% 12% 13% 9% 13% 10% Provide and improve hunting areas 10% 7% 13% 13% 7% 12% Preserve recreation opportunities to support the economic benefit of tourism 9% 11% 7% 5% 8% 9% Provide and improve angler access 8% 6% 15% 6% 8% 7% 573 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 142142 Gallatin Valley Sensitive Lands Protection Plan – Statistically Valid Survey Report DRAFT Page 8 MMOOSSTT IIMMPPOORRTTAANNTT WWIILLDDLLIIFFEE WWHHEENN PPRROOTTEECCTTIINNGG HHAABBIITTAATT Question: What types of wildlife do you think is most important to consider when protecting wildlife habitat in the Gallatin Valley? (Select up to 3) From eight types of wildlife and one wildlife-related issue posed, Gallatin Valley residents’ responses totaled the following.  Deer, elk, moose, and other ungulates (61%)  Native fish and aquatic species (57%)  Connectivity areas between wildlife habitat (46%)  Endangered, threatened, or rare species (grizzly bears, Canada lynx, etc.) (35%)  Migratory birds (34%)  Raptor nesting areas (33%)  Bears (19%)  Medium sized mammals (coyotes, foxes, etc.) (15%)  Rodents (chipmunks, squirrels, voles, etc.) (5%) Differences by demographics Deer, elk, moose, and other ungulates Protecting this wildlife is more important to residents of Belgrade, Manhattan, and Three Forks than Bozeman residents (74% vs. 55%) Endangered, threatened, or rare species (grizzly bears, Canada lynx, etc.) Protecting these species are more important to residents of Bozeman than people in other areas in the Gallatin Valley (47% Bozeman, 23% Belgrade, Manhattan, Three Forks, 26% unincorporated areas) Protecting these species is more important to people who have lived in the Gallatin Valley for less than 20 years than those who have resided in the Valley for 20+ years (46% vs. 29%) 574 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 143143 Gallatin Valley Sensitive Lands Protection Plan – Statistically Valid Survey Report DRAFT Page 9 MOST IMPORTANT WILDLIFE WHEN PROTECTING HABITAT Area of residence Years in Gallatin Valley Total Bozeman Belgrade, Manhattan, Three Forks Unincorp. < 20 years 20+ years Deer, elk, moose, and other ungulates 61% 55% 74% 62% 56% 63% Native fish and aquatic species 57% 56% 62% 56% 60% 55% Connectivity areas between wildlife habitat 46% 51% 32% 46% 48% 46% Endangered, threatened, or rare species (grizzly bears, Canada lynx, etc.) 35% 47% 23% 26% 46% 29% Migratory birds 34% 33% 43% 31% 34% 33% Raptor nesting areas 33% 28% 34% 40% 32% 35% Bears 19% 24% 17% 13% 19% 20% Medium sized mammals (coyotes, foxes, etc.) 15% 15% 23% 12% 16% 16% Rodents (chipmunks, squirrels, voles, etc.) 5% 5% 8% 5% 7% 5% 575 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 144144 Gallatin Valley Sensitive Lands Protection Plan – Statistically Valid Survey Report DRAFT Page 10 MMOOSSTT IIMMPPOORRTTAANNTT WWHHEENN PPRROOTTEECCTTIINNGG WWOORRKKIINNGG FFAARRMMSS AANNDD RRAANNCCHHEESS Question: What do you think is most important to consider when protecting working farms and ranches in the Gallatin Valley? (Select up to 3) Gallatin Valley residents noted the following concerning protecting working farms and ranches.  Supporting local food production (71%)  Conserving native plants and wildlife habitat - grasslands, wetlands, riparian areas (50%)  Supporting local livestock production (49%)  Supporting crop production for regional and natural needs (45%)  Preserving agricultural heritage and sense of place (44%)  Facilitating natural carbon sequestration (23%) Differences by demographics Supporting local livestock production This is more important to residents of Belgrade, Manhattan, and Three Forks mentioned than Bozeman residents (73% vs. 44%) Facilitating natural carbon sequestration This is a bigger issue to residents of Bozeman than residents of Belgrade, Manhattan, and Three Forks (31% vs. 13%) MOST IMPORTANT WHEN PROTECTING WORKING FARMS AND RANCHES Area of residence Years in Gallatin Valley Total Bozeman Belgrade, Manhattan, Three Forks Unincorp. < 20 years 20+ years Supporting local food production 71% 75% 77% 60% 74% 68% Conserving native plants and wildlife habitat (grasslands, wetlands, riparian areas) 50% 56% 45% 46% 48% 52% Supporting local livestock production 49% 44% 73% 46% 51% 47% Supporting crop production for regional and natural needs 45% 37% 54% 50% 43% 46% Preserving agricultural heritage and sense of place 44% 40% 36% 54% 39% 47% Facilitating natural carbon sequestration 23% 31% 13% 19% 24% 23% Providing scenic views 12% 11% 14% 11% 14% 10% 576 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 145145 Gallatin Valley Sensitive Lands Protection Plan – Statistically Valid Survey Report DRAFT Page 11 MMOOSSTT IIMMPPOORRTTAANNTT WWHHEENN PPRROOTTEECCTTIINNGG VVEEGGEETTAATTIIOONN Question: What do you think is most important to consider when protecting vegetation in the Gallatin Valley? (Select up to 3) Responses totaled the following regarding protecting vegetation in the Gallatin Valley.  Water quality (64%)  Food sources for wildlife (46%)  Shelter for wildlife (32%)  Pollination (32%)  Native plant communities (31%)  Forested areas (30%)  Grasslands (23%)  Tree canopy to prevent heat island effect (14%)  Specimen trees (i.e., large cottonwoods following streams/rivers, isolated stands of pine, unique species, etc.) (14%)  Endangered, threatened, or rare species (Ute ladies-tresses, etc.) (10%) Differences by demographics Native plant communities This is more important to residents of Bozeman than residents of Belgrade, Manhattan, and Three Forks (39% vs. 18%) Grasslands Protecting grasslands is more important to residents of Belgrade, Manhattan, and Three Forks than Bozeman residents (34% vs. 16%) 577 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 146146 Gallatin Valley Sensitive Lands Protection Plan – Statistically Valid Survey Report DRAFT Page 12 MOST IMPORTANT WHEN PROTECTING VEGETATION Area of residence Years in Gallatin Valley Total Bozeman Belgrade, Manhattan, Three Forks Unincorp. < 20 years 20+ years Water quality 64% 60% 75% 64% 57% 68% Food sources for wildlife 46% 48% 59% 41% 52% 44% Shelter for wildlife 32% 30% 36% 33% 31% 33% Pollination 32% 32% 39% 29% 35% 31% Native plant communities 31% 39% 18% 28% 34% 30% Forested areas 30% 28% 38% 31% 30% 30% Grasslands 23% 16% 34% 28% 21% 24% Tree canopy to prevent heat island effect 14% 19% 13% 8% 13% 15% Specimen trees (i.e., large cottonwoods following streams/rivers, isolated stands of pine, unique species, etc.) 14% 15% 14% 11% 11% 15% Carbon sequestration 11% 13% 7% 13% 13% 11% Endangered, threatened, or rare species (Ute ladies-tresses, etc.) 10% 12% 9% 8% 15% 7% 578 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 147147 Gallatin Valley Sensitive Lands Protection Plan – Statistically Valid Survey Report DRAFT Page 13 MMOOSSTT IIMMPPOORRTTAANNTT WWHHEENN PPRROOTTEECCTTIINNGG WWEETTLLAANNDDSS,, RRIIPPAARRIIAANN AARREEAASS,, LLAAKKEESS,, SSTTRREEAAMMSS,, AANNDD RRIIVVEERRSS Question: What do you think is most important to consider when protecting wetlands, riparian areas, lakes, streams, and rivers in the Gallatin Valley? (Select up to 3) When asked to note what is most important when protecting wetlands, riparian areas, lakes, streams, and rivers in the Gallatin Valley, results were as follows.  Access to clean drinking water (67%)  Wildlife habitat diversity (49%)  Native fish populations (38%)  Access to water for farm and ranch irrigation (38%)  Resiliency to natural disasters and changing climate (ex. Wetland areas can mitigate the impacts of flooding) (38%)  Aquatic species biodiversity (31%)  Recreation opportunities (ex. Fishing, rafting, swimming, etc.) (20%)  Food for wildlife (15%) Differences by demographics Access to water for farm and ranch irrigation As would be expected, this was more important to residents of Belgrade, Manhattan, and Three Forks than Bozeman residents (53% vs. 28%) 579 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 148148 Gallatin Valley Sensitive Lands Protection Plan – Statistically Valid Survey Report DRAFT Page 14 MOST IMPORTANT WHEN PROTECTING WETLANDS, RIPARIAN AREAS, LAKES, STREAMS, AND RIVERS Area of residence Years in Gallatin Valley Total Bozeman Belgrade, Manhattan, Three Forks Unincorp. < 20 years 20+ years Access to clean drinking water 67% 69% 73% 65% 62% 72% Wildlife habitat diversity 49% 51% 45% 51% 54% 47% Native fish populations 38% 41% 45% 30% 40% 36% Access to water for farm and ranch irrigation 38% 28% 53% 44% 32% 42% Resiliency to natural disasters and changing climate, (ex. wetland areas can mitigate the impacts of flooding) 38% 48% 31% 30% 42% 37% Aquatic species biodiversity 31% 31% 22% 35% 34% 29% Recreation opportunities (ex. fishing, rafting, swimming, etc.) 20% 19% 27% 19% 23% 19% Food for wildlife 15% 15% 24% 12% 19% 13% 580 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 149149 Gallatin Valley Sensitive Lands Protection Plan – Statistically Valid Survey Report DRAFT Page 15 AADDDDIITTIIOONNAALL TTHHOOUUGGHHTTSS The survey asked for respondents to share any additional thoughts. The open-ended responses were summarized into the categories below. A total of 135 people provided these additional comments, which is 33% of the completed surveys. Question: What additional thoughts would you like to share about sensitive lands protection in the Gallatin Valley? Responses to this open-ended question were as follows.  Avoid sprawl into agricultural & natural areas (33%)  Maintain a balance between growth and preservation (25%)  Water availability is a major concern (20%)  Control growth in Gallatin Valley (16%)  Slow development of subdivisions (16%)  Riparian areas need to be protected from livestock & development (13%)  Need more conservation easements (7%)  Need water conservation measures in households (6%)  Protect wildlife corridors (6%)  Protect farm and ranch land (5%)  Restrict or prohibit further land development outside Bozeman city limits (4%)  Protect water rights (3%)  Protect land and water from pesticide use (2%)  Plant low-water yards & plants (2%) 581 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 150150 Gallatin Valley Sensitive Lands Protection Plan – Statistically Valid Survey Report DRAFT Page 16 ADDITIONAL THOUGHTS Area of residence Years in Gallatin Valley Total Bozeman Belgrade, Manhattan, Three Forks Unincorp. < 20 years 20+ years Avoid sprawl into agricultural & natural areas 33% 38% 20% 34% 34% 35% Maintain a balance between growth and preservation 25% 22% 33% 27% 39% 20% Water availability is a major concern 20% 18% 7% 27% 20% 21% Control growth in Gallatin Valley 16% 16% 20% 15% 9% 20% Slow the development of subdivisions 16% 16% 7% 17% 16% 16% Riparian areas need to be protected from livestock & development 13% 18% 7% 10% 11% 14% Need more conservation easements 7% 11% 7% 5% 2% 10% Need water conservation measures in households 6% 9% 7% 3% 9% 5% Protect wildlife corridors 6% 5% 13% 5% 9% 5% Protect farm and ranch land 5% 5% - 5% 5% 5% Restrict or prohibit further land development outside Bozeman city limits 4% 55 7% 2% 2% 5% Protect water rights 3% 5% - 2% 5% 2% Protect land and water from pesticide use 2% 4% - 2% 5% - Plant low-water yards & plants 2% 2% - 3% 2% 2% Maintain water quality 2% - - 5% 5% - 582 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 151151 Gallatin Valley Sensitive Lands Protection Plan – Statistically Valid Survey Report DRAFT Page 17 DDEEMMOOGGRRAAPPHHIICCSS The following demographic questions are optional but help us better understand who we are hearing from and meet our goals of reaching out to a representative sample of the population. Which of the following areas best describes where your property resides within the Gallatin Valley Study Area? (Select one) How long have you lived in the Gallatin Valley? (Select one) What is your relationship to the Gallatin Valley? (Check all that apply) What is your age? Which range best describes your household income? (Select one) Are you Hispanic or Latino? (Select one) How would you describe your race? (Check all that apply) The distribution of completed surveys by area of residence was statistically identical to the actual geographic distribution of residence in the Gallatin Valley study area. Differences by demographics Length of residence in the Gallatin Valley As would be expected, a higher percentage of residents in unincorporated areas have lived in the Valley 20+ years than residents of Bozeman (73% vs. 52%) People who have lived in the Gallatin Valley for less than 20 years noted household incomes of over $100,000 more than residents of 20+ years reported (49% vs. 26%) 583 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 152152 Gallatin Valley Sensitive Lands Protection Plan – Statistically Valid Survey Report DRAFT Page 18 DEMOGRAPHICS Area of residence Survey Respondents City of Bozeman 50% Town of Belgrade 10% Town of Manhattan 3% Town of Three Forks 2% Unincorporated area 35% Length of residence Survey Respondents 0-1 year 1% 2-5 years 11% 6-10 years 12% 11-15 years 8% 16-20 years 7% 20+ 61% Relation to Valley Survey Respondents Full time resident 85% Retired 23% Work full time 14% Business owner 12% Part time resident 7% Own short-term rental property 2% Work seasonally 1% DEMOGRAPHICS Age Survey Respondents Under 18 - 18-24 1% 25-34 7% 35-44 13% 45-54 12% Over 55 67% Income Survey Respondents < $20,000 2% $20K - $34,999 7% $35K - $49,999 8% $50K - $74,999 19% $75K - $99,999 21% Over $100K 43% Race Survey Respondents White 97% American Indian or Alaska Native 1% Asian or Asian American 1% Some other race 1% 584 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 153153 Gallatin Valley Sensitive Lands Protection Plan – Statistically Valid Survey Report DRAFT Page 19 Hispanic? Survey Respondents Yes 1% No 99% 585 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 154154 Appendix A Survey Instrument 586 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 155155 Connecting our Landscape, Heritage, and Future on Common Ground STATISTICALLY VALID SURVEY Comparta sus comentarios sobre la vida silvestre, los espacios abiertos y la agricultura en el Valle de Gallatin. ¡Participe en nuestro cuestionario en español! https://www.surveymonkey.com/r/GallatinVEspanol Background A strong connection between clean water, abundant wildlife, productive agriculture, and cultural heritage has provided a high quality of life for generations. As the Gallatin Valley continues to experience unprecedented growth, a regional approach to protecting sensitive lands can help us develop and live in greater harmony with the natural environment. The City of Bozeman is partnering across a wide variety of government agencies and non-profit organizations to protect important wildlife habitat and critical connections for wildlife and natural systems throughout the Gallatin Valley. The Plan will map sensitive land priorities, make intangible values and natural assets more tangible, and recommend how we can work together to protect the most sensitive resources. We are looking for YOUR feedback to learn what the residents of Gallatin Valley value most when it comes to identifying and protecting sensitive lands. Your feedback will be used to help prioritize the most critical aspects of the Gallatin Valley Sensitive Lands Protection Plan. Help chart the future by sharing your vision and values for the Gallatin Valley. This survey should be completed by a head of household who is 18 years old or older and responds for the entire household. Please return the survey via the self-addressed, postage-paid envelope by November 21, 2022. You may choose to respond online instead at https://www.surveymonkey.com/r/GallatinV. All answers will be collected by an independent third-party and remain anonymous. This survey will take about 10 minutes to complete. 587 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 156156 Study Area: This map displays the geographic scope of the Gallatin Valley, or the general area that will be analyzed for sensitive lands opportunities. The circular boundary is not a hard line but a way to focus analysis and discussion of plan recommendations. When answering the survey please keep the extent of the study area in mind. 588 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 157157 1. The following land uses and natural resources are all important and will be considered within the Gallatin Valley Sensitive Lands Protection Plan. However, the plan will require prioritizing some resources over others. Please consider which of the following provide the most important benefits to the Gallatin Valley or are at the most at risk. Using the scale, assign each category a priority level. Highest Priority 5 4 3 2 Lowest Priority 1 Wildlife Habitat 5 4 3 2 1 Native Plant Communities 5 4 3 2 1 Linkage areas between Wildlife Habitats 5 4 3 2 1 Rivers, Streams, and Wetlands 5 4 3 2 1 Agricultural Lands 5 4 3 2 1 Migratory Bird Habitat 5 4 3 2 1 Forested Areas 5 4 3 2 1 Native Grasslands 5 4 3 2 1 Historic and Archaeological Sites (including tribal areas) 5 4 3 2 1 2. Why do you think sensitive land protection is important to the Gallatin Valley? (Select up to 3)  Maintain the Valley’s renowned wildlife populations and biodiversity  Protect water quantity and quality for aquatic life and recreation  Provide water availability for agricultural users  Provide water quality and quantity for local residents  Preserve agricultural heritage  Maintain and create multi-use recreation areas (hiking, biking, horse riding, etc.)  Preserve landmarks to maintain a sense of place  Increase climate resilience to natural disasters  Foster natural carbon sequestration processes and greenhouse gas emission reductions  Preserve recreation opportunities to support the economic benefits of tourism  Provide and improve hunting access  Provide and improve angler access 589 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 158158 3. What types of wildlife do you think is most important to consider when protecting wildlife habitat in the Gallatin Valley? (Select up to 3)  Deer, elk, moose, and other ungulates  Bears  Raptor nesting areas  Migratory birds  Native fish and aquatic species  Rodents (chipmunks, squirrels, voles, etc.)  Medium sized mammals (coyotes, foxes, etc.)  Endangered, threatened, or rare species (grizzly bears, Canada lynx, etc.)  Connectivity areas between wildlife habitat  Other (please provide): ________________ 4. What do you think is most important to consider when protecting working farms and ranches in the Gallatin Valley? (Select up to 3)  Preserving agricultural heritage and sense of place  Supporting local food production  Supporting local livestock production  Supporting crop production for regional and national needs  Conserving native plants and wildlife habitat (grasslands, wetlands, riparian areas)  Providing scenic views  Facilitating natural carbon sequestration  Other (please provide): ________________ 5. What do you think is most important to consider when protecting vegetation in the Gallatin Valley? (Select up to 3)  Food sources for wildlife  Shelter for wildlife  Pollination  Native plant communities  Tree canopy to prevent heat island effect  Water quality  Carbon sequestration  Specimen trees (i.e., large cottonwoods following streams/rivers, isolated stands of pine, unique species, etc.)  Endangered, threatened, or rare species (Ute ladies-tresses, etc.)  Grasslands  Forested areas  Other (please provide): _______________ 6. What do you think is the most important to consider when protecting wetlands, riparian areas, lakes, streams, and rivers in the Gallatin Valley? (Select up to 3)  Access to clean drinking water  Native fish populations  Aquatic species biodiversity  Wildlife habitat diversity  Food for wildlife  Access to water for farm and ranch irrigation  Resiliency to natural disasters and changing climate (ex. wetland areas can mitigate the impacts of flooding)  Recreation opportunities (ex. fishing, rafting, swimming, etc.)  Other (please provide): ________________ 590 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 159159 7. Final Question What additional thoughts would you like to share about sensitive lands protection in the Gallatin Valley? ___________________________________________________________________________________________ __________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 591 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 160160 Demographics The following demographic questions are optional but help us better understand who we are hearing from and meet our goals of reaching out to a representative sample of the population. 1. Which of the following areas best describes where your property resides within the Gallatin Valley Study Area? (Select one)  City of Bozeman  Town of Belgrade  Town of Manhattan  Town of Three Forks  Unincorporated area within the Gallatin Valley Study Area 2. How long have you lived in the Gallatin Valley? (Select one)  0-1 year  2-5 years  6-10 years  11-15 years  16-20 years  20+ years 3. What is your relationship to the Gallatin Valley? (Check all that apply)  Full Time Resident  Part Time Resident  Business Owner  Work Full Time  Work Seasonally  Retired  Own short-term rental property 4. What is your age?  Under 18  18-24  25-34  35-44  45-54  Over 55  Prefer not to answer 4. Which range best describes your household income? (Select one)  Less than $20,000  $20,000 to $34,999  $35,000 to $49,999  $50,000 to $74,999  $75,000 to $99,999  Over $100,000  Prefer not to answer 5. Are you Hispanic or Latino? (Select one)  Yes  No  Prefer not to answer 6. How would you describe your race? (Check all that apply)  American Indian or Alaska Native  Asian or Asian American (ex: Chinese, Asian Indian, Korean, Japanese)  Black or African American  White  Native Hawaiian or Pacific Islander  Some other race (write in) _______________  Prefer not to answer Thank you! Thank you for taking the time to participate in the Gallatin Valley Sensitive Lands Protection Plan Survey. To learn more about the study and see how the survey results will be used to inform the study, visit gallatinvalleyplan.bozeman.net 592 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 161161593 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 162162 Appendix C: Detailed Data Summary and Model Design Process Descriptions of Data Sources Considered but Excluded from the Model Analysis Descriptions of Data Sources Considered but Excluded from the Model Analysis Layer Source Definition Reason for Exclusion Link Plant Observations Montana Natural Heritage Program This layer contains points of observation of specific plant species provided by the public The data is not robust enough to include and since plants are not mobile and individual plants will not represent the entire vegetation community, this layer doesn't represent plant habitat in a meaningful way, https://mtnhp.org/models/ Animal Observations Montana Natural Heritage Program This layer contains points of observation of specific animal species provided by the public This data is already accounted for in the included biodiversity layers from MNHP. https://mtnhp.org/models/ Tribal Nations in Montana Montana State Library Tribal Nations Reservation Boundaries in Montana There are no Tribal Nation Reservation Boundaries in the Study Area.https://mslservices.mt.gov/Geographic_Information/ Data/DataList/datalist_Details.aspx?did={341205DA-7668-4119-9D21-0D1C8AFCF5F1} Ungulate Migrations of the West U.S. Geological Survey Authoritative map of migration corridors Not in Study Area.https://www.usgs.gov/publications/ungulate- migrations-western-united-states-volume-3 Potential grizzly bear passage along major road corridors in northwest Montana Peck et al., 2016 Point features 300 m apart identifying indices for potential passage rate at intersections with major transportation corridors for grizzly movements between GYE and NCDE based on Randomized Shortest Path Did not receive access to data, likely out of Study Area.Not received Custer Gallatin National Forest Connectivity Models Center for Large Landscape Conservation Variety of species agnostic connectivity models Not appropriate for decision making at the county-scale because of the large pixel size. https://drive.google.com/drive/ folders/1rJaWUdGExY9jDcFMzwJZgVHep4X4A9QW? usp=sharing Valley Bottom Riparian Corridors US Forest Service Map of riparian valley bottoms from Western Threat Assessment Riparian areas already represented in model.https://davidtheobald8.users.earthengine.app/view/ riparianthreatassessment Riparian climate corridors Krosby et al., 2018 Estimated value of riparian corridors for facilitating climate-induced species range shifts Does not include Montana.Identifying riparian climate corridors to inform climate adaptation planning | PLOS ONE Surface water and mesic vegetation in the high divide Kolarik et al., 2018.Open water, wetland/riparian veg at 10m resolution Riparian areas already represented in model.https://www.sciencedirect.com/science/article/pii/ S1470160X23001073 Wetland evaluation tool Intermountain West Open water, wetland/riparian veg at 30m resolution Wetlands already represented in model.https://iwjv.org/solution-based-science/wet/ Montana SWAP Terrestrial Focus Areas Montana Fish, Wildlife & Parks Areas identified as priority areas for terrestrial conservation efforts within the Montana State Wildlife Action Plan (SWAP). Too large scale.https://mslservices.mt.gov/geographic_ information/data/datalist/datalist_Details.aspx?did=%7B61a15e30-2bf7-11e5-a2cb- 0800200c9a66%7D 594 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 163163 Descriptions of Data Sources Considered but Excluded from the Model Analysis LayerSourceDefinition Reason for Exclusion Link Plant ObservationsMontana Natural Heritage ProgramThis layer contains points of observation of specific plant species provided by the public The data is not robust enough to include and since plants are not mobile and individual plants will not represent the entire vegetation community, this layer doesn't represent plant habitat in a meaningful way, https://mtnhp.org/models/ Animal ObservationsMontana Natural Heritage Program This layer contains points of observation of specific animal species provided by the public This data is already accounted for in the included biodiversity layers from MNHP. https://mtnhp.org/models/ Tribal Nations in MontanaMontana State LibraryTribal Nations Reservation Boundaries in Montana There are no Tribal Nation Reservation Boundaries in the Study Area.https://mslservices.mt.gov/Geographic_Information/ Data/DataList/datalist_Details.aspx?did={341205DA-7668-4119-9D21-0D1C8AFCF5F1} Ungulate Migrations of the WestU.S. Geological SurveyAuthoritative map of migration corridors Not in Study Area.https://www.usgs.gov/publications/ungulate- migrations-western-united-states-volume-3 Potential grizzly bear passage along major road corridors in northwest MontanaPeck et al., 2016Point features 300 m apart identifying indices for potential passage rate at intersections with major transportation corridors for grizzly movements between GYE and NCDE based on Randomized Shortest Path Did not receive access to data, likely out of Study Area.Not received Custer Gallatin National Forest Connectivity Models Center for Large Landscape Conservation Variety of species agnostic connectivity models Not appropriate for decision making at the county-scale because of the large pixel size. https://drive.google.com/drive/ folders/1rJaWUdGExY9jDcFMzwJZgVHep4X4A9QW? usp=sharing Valley Bottom Riparian CorridorsUS Forest ServiceMap of riparian valley bottoms from Western Threat Assessment Riparian areas already represented in model.https://davidtheobald8.users.earthengine.app/view/ riparianthreatassessment Riparian climate corridorsKrosby et al., 2018Estimated value of riparian corridors for facilitating climate-induced species range shifts Does not include Montana.Identifying riparian climate corridors to inform climate adaptation planning | PLOS ONE Surface water and mesic vegetation in the high divide Kolarik et al., 2018.Open water, wetland/riparian veg at 10m resolution Riparian areas already represented in model.https://www.sciencedirect.com/science/article/pii/ S1470160X23001073 Wetland evaluation toolIntermountain WestOpen water, wetland/riparian veg at 30m resolution Wetlands already represented in model.https://iwjv.org/solution-based-science/wet/ Montana SWAP Terrestrial Focus AreasMontana Fish, Wildlife & Parks Areas identified as priority areas for terrestrial conservation efforts within the Montana State Wildlife Action Plan (SWAP). Too large scale.https://mslservices.mt.gov/geographic_ information/data/datalist/datalist_Details.aspx?did=%7B61a15e30-2bf7-11e5-a2cb- 0800200c9a66%7D 595 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 164164 Descriptions of Data Sources Considered but Excluded from the Model Analysis Layer Source Definition Reason for Exclusion Link Climate-Informed Wildlife Corridors Rosa et al.Represents climate-informed wildlife corridors across the contiguous U.S. Too large scale.https://osf.io/jksyx/ Elk migration Idaho Fish and Game Mapped mule deer, elk, and pronghorn migration Not in Study Area.https://www.arcgis.com/home/item. html?id=e2e2518bf3df4ff381caa7cf7bb383fb Antelope U.S. Geological Survey Authoritative map of migration corridors Not in Study Area.https://pubs.usgs.gov/sir/2022/5088/sir20225088. pdf Habitat fragmentation and degradation Silvis Lab - University of Wisconsin - Madison Block Level Housing Change Already addressed in threats overlay.http://silvis.forest.wisc.edu/data/housing-block- change-2020/ Examining Local and Regional Ecological Connectivity throughout North America (Species Agnostic) Belote et al.Models connectivity at different spatial scales, is species agnostic, does not depend on locations of core areas, and is not constrained to national borders. The south west area of Montana where Gallatin County is located, stands out as important at the continental scale. Too large scale.https://link.springer.com/article/10.1007/s10980-022-01530-9 Identifying Corridors among Large Protected Areas in the United States Belote et al.Models continental scale connectivity between protected areas, such as National Parks.Too large scale.https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0154223 Analyzing Wildlife Movement Corridors in Montana Using GIS American Wildlands (Lance Craighead)Landscape routes offering the best chance of success for wildlife moving among the three large core protected areas in the Northern Rockies. Shapefiles not available.https://proceedings.esri.com/library/userconf/proc97/proc97/to150/pap116/p116.htm National Register of Historic Places (Site, Building, District) National Park Service (2020) Properties that are listed by NPS. If a structure is listed, and not the property, apply it to the entire parcel. There are only a few places located in the Study Area. A few are located in urban areas within the Bozeman city limits. There was one very small site located in the northwestern area of the Study Area, but was located on already conserved lands. https://www.nps.gov/subjects/nationalregister/ database-research.htm Vacant, Undeveloped, and Rural Farmstead Properties Montana Department of Revenue (2023)Includes taxable and tax-exempt parcels for Gallatin County. Dataset includes data for most of Montana. This layer indicates areas that are coded for agriculture or are coded as vacant, but according to expert review, did not accurately depict lands important to agriculture. Did not provide an accurate depiction of non-irrigated agricultural land according to the Working Group.http://ftpgeoinfo.msl.mt.gov/Data/Spatial/MSDI/Cadastral/Parcels Noxious Weeds Invasion Risk Montana Natural Heritage Program (2022) Noxious weed areas can encroach on important sensitive lands and might require additional attention to protection This layer is redundant because the human disturbance index considers introduced vegetation as a part of its calculation and the highest values for the two layers are almost in identical areas. Provided by MNHP through email correspondence ROaDS app wildlife and carcass data Center for Large Landscape Conservation This layer contains point data for live and dead wildlife observations along roads by citizen scientists recorded on a smartphone app. This data is incomplete for the Gallatin Valley. Primarily includes data along South 191. https://largelandscapes.maps.arcgis.com/apps/ dashboards/3be6bd7ab3f74eb8977e60364ff9ea29 Current Land Use Montana State Library Describes the human activities currently set for a given area. Non-Irrigated and Irrigated Acres (Revenue Final Land Unit (FLU) Classification) is a more accurate source for agricultural land use. https://mslservices.mt.gov/Geographic_Information/ Data/DataList/DataList_SearchResults.aspx?textsrch=vacant&contentype=All Future Land Use City of Bozeman Describes the human activities predicted to be set for a given area.Provides background data but not applicable to sensitive lands model themes.Received through email correspondence with the City of Bozeman 596 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 165165 Descriptions of Data Sources Considered but Excluded from the Model Analysis LayerSourceDefinition Reason for Exclusion Link Climate-Informed Wildlife CorridorsRosa et al.Represents climate-informed wildlife corridors across the contiguous U.S. Too large scale.https://osf.io/jksyx/ Elk migrationIdaho Fish and GameMapped mule deer, elk, and pronghorn migration Not in Study Area.https://www.arcgis.com/home/item. html?id=e2e2518bf3df4ff381caa7cf7bb383fb AntelopeU.S. Geological SurveyAuthoritative map of migration corridors Not in Study Area.https://pubs.usgs.gov/sir/2022/5088/sir20225088. pdf Habitat fragmentation and degradationSilvis Lab - University of Wisconsin - Madison Block Level Housing Change Already addressed in threats overlay.http://silvis.forest.wisc.edu/data/housing-block- change-2020/ Examining Local and Regional Ecological Connectivity throughout North America (Species Agnostic) Belote et al.Models connectivity at different spatial scales, is species agnostic, does not depend on locations of core areas, and is not constrained to national borders. The south west area of Montana where Gallatin County is located, stands out as important at the continental scale. Too large scale.https://link.springer.com/article/10.1007/s10980-022-01530-9 Identifying Corridors among Large Protected Areas in the United StatesBelote et al.Models continental scale connectivity between protected areas, such as National Parks.Too large scale.https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0154223 Analyzing Wildlife Movement Corridors in Montana Using GISAmerican Wildlands (Lance Craighead)Landscape routes offering the best chance of success for wildlife moving among the three large core protected areas in the Northern Rockies. Shapefiles not available.https://proceedings.esri.com/library/userconf/proc97/proc97/to150/pap116/p116.htm National Register of Historic Places (Site, Building, District) National Park Service (2020) Properties that are listed by NPS. If a structure is listed, and not the property, apply it to the entire parcel. There are only a few places located in the Study Area. A few are located in urban areas within the Bozeman city limits. There was one very small site located in the northwestern area of the Study Area, but was located on already conserved lands. https://www.nps.gov/subjects/nationalregister/ database-research.htm Vacant, Undeveloped, and Rural Farmstead PropertiesMontana Department of Revenue (2023)Includes taxable and tax-exempt parcels for Gallatin County. Dataset includes data for most of Montana. This layer indicates areas that are coded for agriculture or are coded as vacant, but according to expert review, did not accurately depict lands important to agriculture. Did not provide an accurate depiction of non-irrigated agricultural land according to the Working Group.http://ftpgeoinfo.msl.mt.gov/Data/Spatial/MSDI/Cadastral/Parcels Noxious Weeds Invasion RiskMontana Natural Heritage Program (2022) Noxious weed areas can encroach on important sensitive lands and might require additional attention to protection This layer is redundant because the human disturbance index considers introduced vegetation as a part of its calculation and the highest values for the two layers are almost in identical areas. Provided by MNHP through email correspondence ROaDS app wildlife and carcass dataCenter for Large Landscape Conservation This layer contains point data for live and dead wildlife observations along roads by citizen scientists recorded on a smartphone app. This data is incomplete for the Gallatin Valley. Primarily includes data along South 191. https://largelandscapes.maps.arcgis.com/apps/ dashboards/3be6bd7ab3f74eb8977e60364ff9ea29 Current Land UseMontana State LibraryDescribes the human activities currently set for a given area. Non-Irrigated and Irrigated Acres (Revenue Final Land Unit (FLU) Classification) is a more accurate source for agricultural land use. https://mslservices.mt.gov/Geographic_Information/ Data/DataList/DataList_SearchResults.aspx?textsrch=vacant&contentype=All Future Land UseCity of BozemanDescribes the human activities predicted to be set for a given area.Provides background data but not applicable to sensitive lands model themes.Received through email correspondence with the City of Bozeman 597 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 166166 Descriptions of Data Sources Considered but Excluded from the Model Analysis Layer Source Definition Reason for Exclusion Link Zoning City of Bozeman Official land use zoning for the City of Bozeman.Provides background data but not applicable to sensitive lands model themes. Received through email correspondence with the City of Bozeman and Gallatin County Parcels with Assessors Data (considered as a source for Irrigated Acres) Montana State Library (2022) Maps the taxable parcels and tax-exempt parcels for most of Montana. Montana tax parcel data includes attributes for Irrigated Acres, Farmsite Acres, Wildhay Acres, Continuous Crop Acres, Fallow Acres, Grazing Acres by Parcel (Montana Cadastral Framework). This study is not focusing on data at the parcel level. Irrigated agricultural lands are better represented by the Revenue Final Land Unit (FLU) Classification data, which is also updated more frequently. https://mslservices.mt.gov/Geographic_Information/ Data/DataList/datalist_Details.aspx?did={b2b3c906-8c40-4a9f-980e-48680a23c165} Building Footprints City of Bozeman Shows the shape of buildings and development within Bozeman, Montana. This layer was used to approximate vacant lots, but the Non-Irrigated and Irrigated Acres (Revenue Final Land Unit (FLU) Classification) layer is a better representation of agricultural land than this approximation. Received through email correspondence with the City of Bozeman Recreational Trails Montana State Library, City of Bozeman This layer indicates current alignments for future recreation pathways and trails. Provides background data but not applicable to sensitive lands model themes. Received through email correspondence with the City of Bozeman Planned Future Pathways/Trails City of Bozeman This layer indicates planned alignments for future recreation pathways and trails.Provides background data but not applicable to sensitive lands model themes.Received through email correspondence with the City of Bozeman Population and employment forecasts and Transportation Analysis Zones (TAZs) Boundaries City of Bozeman Investigated layers to identify population forecasts.Provides background data but not applicable to sensitive lands model themes.Received through email correspondence with the City of Bozeman Centennial Farms Montana State Library Data indicating where historic farms may be located.Data not available. Not available. Previous Burn Areas Monitoring Trends in Burn Severity Historic and recent burn areas boundaries.Provides background data but not applicable to sensitive lands model themes. https://www.mtbs.gov/direct-download Oil and Gas Montana Board of Oil & Gas Conservation Provides location and status of oil and gas wells.Not applicable to sensitive lands model themes. Included in threats layers. https://bogapps.dnrc.mt.gov/dataminer/ MontanaMap.aspx Landslides Montana Technological University Identifies landslide areas across the State of Montana to better understand spatial distribution and causes of ground failure to help mitigate against landslide hazards. New and ongoing deployment of Light Detection and Ranging (LiDAR) techniques provides means to create high-resolution imagery and remove vegetation cover to identify landslide processes. Not applicable to sensitive lands model themes.http://www.mbmg.mtech.edu/MontanaGeology/ geohazards/landslides/main.asp Building Permit Data (past 5 years, new construction and improvements), residential, commercial, and industrial Gallatin County Building permits issue for a range of new construction and improvements intended to track where new developments may be arising in the future. Provides background data but not applicable to sensitive lands model themes. Map of Gallatin County structures developed since 2003 used instead. https://gallatincomt.virtualtownhall.net/geographic- information-systems/pages/data-download Recent Aerial Imagery (If available)N/A Aerial imagery of the study area Provides background data but not applicable to sensitive lands model themes. Not available. City of Bozeman Annexations City of Bozeman Annexations for Bozeman, Montana Provides background data but not applicable to sensitive lands model themes. Received through email correspondence with Gallatin County Planning Projects City of Bozeman Planning projects within Bozeman, Montana.Provides background data but not applicable to sensitive lands model themes. Received through email correspondence with the City of Bozeman 598 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 167167 Descriptions of Data Sources Considered but Excluded from the Model Analysis LayerSourceDefinition Reason for Exclusion Link ZoningCity of BozemanOfficial land use zoning for the City of Bozeman.Provides background data but not applicable to sensitive lands model themes. Received through email correspondence with the City of Bozeman and Gallatin County Parcels with Assessors Data (considered as a source for Irrigated Acres) Montana State Library (2022) Maps the taxable parcels and tax-exempt parcels for most of Montana. Montana tax parcel data includes attributes for Irrigated Acres, Farmsite Acres, Wildhay Acres, Continuous Crop Acres, Fallow Acres, Grazing Acres by Parcel (Montana Cadastral Framework). This study is not focusing on data at the parcel level. Irrigated agricultural lands are better represented by the Revenue Final Land Unit (FLU) Classification data, which is also updated more frequently. https://mslservices.mt.gov/Geographic_Information/ Data/DataList/datalist_Details.aspx?did={b2b3c906-8c40-4a9f-980e-48680a23c165} Building FootprintsCity of BozemanShows the shape of buildings and development within Bozeman, Montana. This layer was used to approximate vacant lots, but the Non-Irrigated and Irrigated Acres (Revenue Final Land Unit (FLU) Classification) layer is a better representation of agricultural land than this approximation. Received through email correspondence with the City of Bozeman Recreational TrailsMontana State Library, City of Bozeman This layer indicates current alignments for future recreation pathways and trails. Provides background data but not applicable to sensitive lands model themes. Received through email correspondence with the City of Bozeman Planned Future Pathways/TrailsCity of BozemanThis layer indicates planned alignments for future recreation pathways and trails.Provides background data but not applicable to sensitive lands model themes.Received through email correspondence with the City of Bozeman Population and employment forecasts and Transportation Analysis Zones (TAZs) Boundaries City of BozemanInvestigated layers to identify population forecasts.Provides background data but not applicable to sensitive lands model themes.Received through email correspondence with the City of Bozeman Centennial FarmsMontana State LibraryData indicating where historic farms may be located.Data not available. Not available. Previous Burn AreasMonitoring Trends in Burn Severity Historic and recent burn areas boundaries.Provides background data but not applicable to sensitive lands model themes. https://www.mtbs.gov/direct-download Oil and GasMontana Board of Oil & Gas Conservation Provides location and status of oil and gas wells.Not applicable to sensitive lands model themes. Included in threats layers. https://bogapps.dnrc.mt.gov/dataminer/ MontanaMap.aspx LandslidesMontana Technological University Identifies landslide areas across the State of Montana to better understand spatial distribution and causes of ground failure to help mitigate against landslide hazards. New and ongoing deployment of Light Detection and Ranging (LiDAR) techniques provides means to create high-resolution imagery and remove vegetation cover to identify landslide processes. Not applicable to sensitive lands model themes.http://www.mbmg.mtech.edu/MontanaGeology/ geohazards/landslides/main.asp Building Permit Data (past 5 years, new construction and improvements), residential, commercial, and industrial Gallatin CountyBuilding permits issue for a range of new construction and improvements intended to track where new developments may be arising in the future. Provides background data but not applicable to sensitive lands model themes. Map of Gallatin County structures developed since 2003 used instead. https://gallatincomt.virtualtownhall.net/geographic- information-systems/pages/data-download Recent Aerial Imagery (If available)N/AAerial imagery of the study area Provides background data but not applicable to sensitive lands model themes. Not available. City of Bozeman AnnexationsCity of BozemanAnnexations for Bozeman, Montana Provides background data but not applicable to sensitive lands model themes. Received through email correspondence with Gallatin County Planning ProjectsCity of BozemanPlanning projects within Bozeman, Montana.Provides background data but not applicable to sensitive lands model themes. Received through email correspondence with the City of Bozeman 599 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 168168 Descriptions of Data Sources Considered but Excluded from the Model Analysis Layer Source Definition Reason for Exclusion Link Wilderness & Wild and Scenic Rivers Study Area U.S. Forest Service Study areas designated as either wilderness or wild and scenic rivers. Not in Study Area.https://data.fs.usda.gov/geodata/other_fs/ wilderness/stateMap.php?stateID=MT Rock Outcrops Multi-Resolution Land Characteristics (MRLC) Consortium Presence of rock outcrops (determined via USGS land cover raster data) Not applicable to sensitive lands model themes.https://www.mrlc.gov/ data?f%5B0%5D=year%3A2019 Land Cover Multi-Resolution Land Characteristics (MRLC) Consortium Data indicating vegetative communities, water, wetlands, impermeable surfaces, agriculture, and other land types. Other more specific sources used for vegetation, water, wetlands, etc.https://www.mrlc.gov/ data?f%5B0%5D=year%3A2019 NEPA Files Database U.S. Environmental Protection Agency Database containing NEPA compliance data (Categorical Exclusions, Environmental Assessments, Findings of No Significant Impacts) Not spatial data.https://cdxapps.epa.gov/cdx-enepa-II/public/action/nepa/search Farms Under Threat 2040 American Farmland Trust Spatial mapping analyses of agricultural land conversion Not an authoritative data source https://csp-fut.appspot.com/ Surficial Geologic Layer (Modern Floodplains) Montana Bureau of Mines and Geology There are west and east Gallatin valley maps at a 1:50,000 scale. The Quaternary alluvium landforms are the youngest landforms and are formed by modern fluvial process and represent modern floodplains. Older floodplains are mapped as terraces. Floodplain is included in the models through a different authoritative source. http://www.mbmg.mtech.edu/Information/ StoryMaps/GeologicMaps.asp National Land Cover Database U.S. Geological Survey 30 Meter Resolution Product Other more specific sources used for vegetation, water, wetlands, etc.https://www.usgs.gov/node/279743 Neighborhood at Risk Tool Headwaters Economic Looks at demographic data and climate risk data.Does not cover entire Study Area.https://nar.headwaterseconomics.org/3000008950/ explore/map Ebird The Cornell Lab of Ornithology A crowd sourced dataset for bird observations which may have limitations Crowd sourced data is not reliable enough for inclusion in the model without intensive quality assurance. https://ebird.org/home Collard Wildlife Data Montana Fish, Wildlife, and Parks Big game locations are tracked via radio collars to help estimate population and wildlife corridors This data is only available to FWP biologists and could be used as a way to check the work but is too sensitive to be provided to the public. Not available. Beaver Restoration Assessment Tool (BRAT) Utah State University BRAT is planning tool intended to help researchers, restoration practitioners and resource managers assess the potential for beaver as a stream conservation and restoration agent over large regions and watersheds. Not applicable at this scale.https://brat.riverscapes.net/ Montana Impaired Waters 2020 Montana Department of Environmental Quality Impaired waterways and hotspots for high nitrogen and phosphorus layers. Montana Impaired Waters only covers a selection of waterways in the study area, which raised concern of giving covered waterways a higher sensitive priority rating while others deserve a similar rating but are excluded because of lack of coverage. https://discover-mtdeq.hub.arcgis.com/maps/ montana-impaired-waters-2020/about Resilient and Connected Landscapes The Nature Conservatory Models resilience, permeability, and diversity to develop a connected network of sites that both represents the full suite of geophysical settings and has the connections necessary to support the continued rearrangement of species in response to change. Too large scale https://www.conservationgateway.org/ConservationByGeography/NorthAmerica/ UnitedStates/edc/reportsdata/terrestrial/resilience/Pages/Downloads.aspx Montana Climate Assessment MSU/State of Montana Includes data on Water Quality, Air Quality, Remediation, Energy, Mining, Waste management, and Permitting data Not applicable at this scale.https://discover-mtdeq.hub.arcgis.com/#BrowseLayers 600 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 169169 Descriptions of Data Sources Considered but Excluded from the Model Analysis LayerSourceDefinition Reason for Exclusion Link Wilderness & Wild and Scenic Rivers Study Area U.S. Forest ServiceStudy areas designated as either wilderness or wild and scenic rivers. Not in Study Area.https://data.fs.usda.gov/geodata/other_fs/ wilderness/stateMap.php?stateID=MT Rock OutcropsMulti-Resolution Land Characteristics (MRLC) Consortium Presence of rock outcrops (determined via USGS land cover raster data) Not applicable to sensitive lands model themes.https://www.mrlc.gov/ data?f%5B0%5D=year%3A2019 Land CoverMulti-Resolution Land Characteristics (MRLC) Consortium Data indicating vegetative communities, water, wetlands, impermeable surfaces, agriculture, and other land types. Other more specific sources used for vegetation, water, wetlands, etc.https://www.mrlc.gov/ data?f%5B0%5D=year%3A2019 NEPA Files DatabaseU.S. Environmental Protection AgencyDatabase containing NEPA compliance data (Categorical Exclusions, Environmental Assessments, Findings of No Significant Impacts) Not spatial data.https://cdxapps.epa.gov/cdx-enepa-II/public/action/nepa/search Farms Under Threat 2040American Farmland Trust Spatial mapping analyses of agricultural land conversion Not an authoritative data source https://csp-fut.appspot.com/ Surficial Geologic Layer (Modern Floodplains) Montana Bureau of Mines and Geology There are west and east Gallatin valley maps at a 1:50,000 scale. The Quaternary alluvium landforms are the youngest landforms and are formed by modern fluvial process and represent modern floodplains. Older floodplains are mapped as terraces. Floodplain is included in the models through a different authoritative source. http://www.mbmg.mtech.edu/Information/ StoryMaps/GeologicMaps.asp National Land Cover Database U.S. Geological Survey30 Meter Resolution Product Other more specific sources used for vegetation, water, wetlands, etc.https://www.usgs.gov/node/279743 Neighborhood at Risk ToolHeadwaters EconomicLooks at demographic data and climate risk data.Does not cover entire Study Area.https://nar.headwaterseconomics.org/3000008950/ explore/map EbirdThe Cornell Lab of Ornithology A crowd sourced dataset for bird observations which may have limitations Crowd sourced data is not reliable enough for inclusion in the model without intensive quality assurance. https://ebird.org/home Collard Wildlife DataMontana Fish, Wildlife, and Parks Big game locations are tracked via radio collars to help estimate population and wildlife corridors This data is only available to FWP biologists and could be used as a way to check the work but is too sensitive to be provided to the public. Not available. Beaver Restoration Assessment Tool (BRAT) Utah State UniversityBRAT is planning tool intended to help researchers, restoration practitioners and resource managers assess the potential for beaver as a stream conservation and restoration agent over large regions and watersheds. Not applicable at this scale.https://brat.riverscapes.net/ Montana Impaired Waters 2020Montana Department of Environmental Quality Impaired waterways and hotspots for high nitrogen and phosphorus layers. Montana Impaired Waters only covers a selection of waterways in the study area, which raised concern of giving covered waterways a higher sensitive priority rating while others deserve a similar rating but are excluded because of lack of coverage. https://discover-mtdeq.hub.arcgis.com/maps/ montana-impaired-waters-2020/about Resilient and Connected LandscapesThe Nature ConservatoryModels resilience, permeability, and diversity to develop a connected network of sites that both represents the full suite of geophysical settings and has the connections necessary to support the continued rearrangement of species in response to change. Too large scale https://www.conservationgateway.org/ConservationByGeography/NorthAmerica/ UnitedStates/edc/reportsdata/terrestrial/resilience/Pages/Downloads.aspx Montana Climate AssessmentMSU/State of MontanaIncludes data on Water Quality, Air Quality, Remediation, Energy, Mining, Waste management, and Permitting data Not applicable at this scale.https://discover-mtdeq.hub.arcgis.com/#BrowseLayers 601 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 170170 Descriptions of Data Sources Considered but Excluded from the Model Analysis Layer Source Definition Reason for Exclusion Link NRCS Montana Snow Survey Program NRCS Provides mountain snowpack and precipitation data via manual snowpack measurements (Snow Courses) and the SNOwpack TELemetry (SNOTEL) network to forecast snowmelt-driven runoff during spring and summer. Spatial data for snow retention areas seems limited.nrcs.usda.gov/wps/portal/wcc/home/quicklinks/ states/montana/ Night Sky Finder Night Sky Finder Data indicated levels of light pollution globally.Scale is too large to be appropriate.https://darksitefinder.com/maps/world.html#10/45.7445/-111.0814 Big game priority habitat Montana Fish, Wildlife, and Parks Montana FWP has identified four priority areas for big-game winter range and migration corridors.No identified areas in the Study Area.https://gis-mtfwp.hub.arcgis.com/datasets/5d707d39e3114cdc9b5d2202fc9fc13f_0/ explore?location=45.376200%2C-111.301131%2C9.34 Impaired Waters Montana Department of Environmental Quality A layer indicating waterways that have been designated as impaired. Attributes identify what they are impaired for. Incomplete evaluation within the dataset. Review of the DEQ web application presents additional data. Coverage is somewhat limited in the Study Area – only when monitored/evaluated. Majority of the streams in the area have not been assessed. https://discover-mtdeq.hub.arcgis.com/maps/ montana-impaired-waters-2020/about Cropscape U.S. Department of Agriculture A raster, geo-referenced, crop-specific land cover map for the continental United States.Other authoritative source used instead. https://data.nal.usda.gov/dataset/cropscape-cropland-data-layer Wildland Urban Interface U.S. Forest Service, Gallatin County Maps the transitional zone between the built and natural environment.Data not accessible.https://www.readygallatin.com/wp-content/uploads/2019/06/Gallatin-County-WUI_with- labels.pdf; https://www.nicepng.com/ourpic/u2q8y3a9q8a9q8t4_gallatin-county-wildland-urban- interface-map/; https://dnrc.mt.gov/_docs/forestry/ cwpp/Gallatin_8x11.pdf Randomized Shortest Paths for Grizzly Bear Dispersal U.S. Geological Survey (2017) Randomized shortest path raster estimating potential dispersal paths for male-mediated gene flow for one of two populations of grizzly bears, the the Greater Yellowstone Ecosystem (GYE) and North Continental Divide Ecosystem (NCDE) populations. Raster cell size for this input is 300 x 300 meters. More recent data became available in 2023 for grizzly bear movement pathways and this layer was replaced in the connectivity model. https://www.sciencebase.gov/catalog/ item/59149ee6e4b0e541a03e9a58 Protected Areas Database U.S. Geological Survey (2022)Unifies regions of wildlife corridors, watersheds, and trail systems and are already protected to varying degrees.All areas in this database are already covered by the conservation easements and managed areas layers. The small polygons that are not covered by these two layers represent a conservation easement and is likely less accurate than the conservation easement data provided by Gallatin County and the Montana State Library. https://www.usgs.gov/programs/gap-analysis-project/science/pad-us-data-overview Elk, mountain goat, mule deer, moose, pronghorn antelope, white-tail deer distributions in Montana Montana Fish, Wildlife, and Parks Department General (and winter when available) distribution of elk, mountain goat, mule deer, pronghorn antelope, and white-tailed deer. Distribution is not mapped in National Parks and Indian Reservations. Large game represent important species in Gallatin Valley. These species may also correlate with other important species. Very large scale datasets that are not frequently updated.Elk: https://arcg.is/0bufmr Mountain goat: https://arcg.is/0Tjujq Mule deer: https://arcg.is/1bG5Du0 Moose: https://arcg.is/SyGXy Pronghorn antelope: https://arcg.is/1Cyi95 White-tail deer: https://arcg.is/L1fPr0 602 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 171171 Descriptions of Data Sources Considered but Excluded from the Model Analysis LayerSourceDefinition Reason for Exclusion Link NRCS Montana Snow Survey ProgramNRCSProvides mountain snowpack and precipitation data via manual snowpack measurements (Snow Courses) and the SNOwpack TELemetry (SNOTEL) network to forecast snowmelt-driven runoff during spring and summer. Spatial data for snow retention areas seems limited.nrcs.usda.gov/wps/portal/wcc/home/quicklinks/ states/montana/ Night Sky FinderNight Sky FinderData indicated levels of light pollution globally.Scale is too large to be appropriate.https://darksitefinder.com/maps/world.html#10/45.7445/-111.0814 Big game priority habitatMontana Fish, Wildlife, and ParksMontana FWP has identified four priority areas for big-game winter range and migration corridors.No identified areas in the Study Area.https://gis-mtfwp.hub.arcgis.com/datasets/5d707d39e3114cdc9b5d2202fc9fc13f_0/ explore?location=45.376200%2C-111.301131%2C9.34 Impaired WatersMontana Department of Environmental Quality A layer indicating waterways that have been designated as impaired. Attributes identify what they are impaired for. Incomplete evaluation within the dataset. Review of the DEQ web application presents additional data. Coverage is somewhat limited in the Study Area – only when monitored/evaluated. Majority of the streams in the area have not been assessed. https://discover-mtdeq.hub.arcgis.com/maps/ montana-impaired-waters-2020/about CropscapeU.S. Department of AgricultureA raster, geo-referenced, crop-specific land cover map for the continental United States.Other authoritative source used instead. https://data.nal.usda.gov/dataset/cropscape-cropland-data-layer Wildland Urban InterfaceU.S. Forest Service, Gallatin County Maps the transitional zone between the built and natural environment.Data not accessible.https://www.readygallatin.com/wp-content/uploads/2019/06/Gallatin-County-WUI_with- labels.pdf; https://www.nicepng.com/ourpic/u2q8y3a9q8a9q8t4_gallatin-county-wildland-urban- interface-map/; https://dnrc.mt.gov/_docs/forestry/ cwpp/Gallatin_8x11.pdf Randomized Shortest Paths for Grizzly Bear Dispersal U.S. Geological Survey (2017) Randomized shortest path raster estimating potential dispersal paths for male-mediated gene flow for one of two populations of grizzly bears, the the Greater Yellowstone Ecosystem (GYE) and North Continental Divide Ecosystem (NCDE) populations. Raster cell size for this input is 300 x 300 meters. More recent data became available in 2023 for grizzly bear movement pathways and this layer was replaced in the connectivity model. https://www.sciencebase.gov/catalog/ item/59149ee6e4b0e541a03e9a58 Protected Areas DatabaseU.S. Geological Survey (2022)Unifies regions of wildlife corridors, watersheds, and trail systems and are already protected to varying degrees.All areas in this database are already covered by the conservation easements and managed areas layers. The small polygons that are not covered by these two layers represent a conservation easement and is likely less accurate than the conservation easement data provided by Gallatin County and the Montana State Library. https://www.usgs.gov/programs/gap-analysis-project/science/pad-us-data-overview Elk, mountain goat, mule deer, moose, pronghorn antelope, white-tail deer distributions in Montana Montana Fish, Wildlife, and Parks DepartmentGeneral (and winter when available) distribution of elk, mountain goat, mule deer, pronghorn antelope, and white-tailed deer. Distribution is not mapped in National Parks and Indian Reservations. Large game represent important species in Gallatin Valley. These species may also correlate with other important species. Very large scale datasets that are not frequently updated.Elk: https://arcg.is/0bufmr Mountain goat: https://arcg.is/0Tjujq Mule deer: https://arcg.is/1bG5Du0 Moose: https://arcg.is/SyGXy Pronghorn antelope: https://arcg.is/1Cyi95 White-tail deer: https://arcg.is/L1fPr0 603 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 172172 Descriptions of Model Inputs and Processing The table below summarizes details for model inputs and spatial layers included on Plan maps. Links to the original source and data download are also included when possible. Descriptions of Model Inputs and Processing Layer File Type Source Year Definition Attribute Scoring Model Methods Source Link Coverage Wildlife & Biodiversity These lands contain important wildlife habitat and plant communities that contribute to an intact and diverse Greater Yellowstone ecosystem. Wildlife relies on the Gallatin Valley for food, reproduction, and critical winter range. All plants and wildlife, and especially keystone species require healthy and cohesive habitats. Predicted Bird Biodiversity Raster Montana Natural Heritage Program 2022 Locations of low to high bird biodiversity (more biodiversity the more sensitive the land as a critical ecosystem). Inputs to this biodiversity model raster were normalized to a 90 x 90 meter grid, which is the finest scale that this data can be considered for. Weighting inside dataset: Data type for this layer is continuous, so scoring categories split the data into a top, middle, and bottom third of data values. Optimal suitability: 75 - 100% of value (3) Moderate suitability: 25 - 75% of value (2) Low Suitability: 0 - 25% of value (1) 1. Extracts layer areas only within the study area. 2. Assigns a score from 1 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 3. Converts layer from raster to polygon. 4. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. Habitat Suitability for Biodiversity task on map viewer web application. Individual Species Predicted Habitat Suitability Models at https://mtnhp.org/models/ Gallatin, Madison, and Broadwater Counties Predicted Reptile Biodiversity Raster Montana Natural Heritage Program 2022 Locations of low to high reptile biodiversity (more biodiversity the more sensitive the land as a critical ecosystem). Inputs to this biodiversity model raster were normalized to a 90 x 90 meter grid, which is the finest scale that this data can be considered for. Weighting inside dataset: Data type for this layer is continuous, so scoring categories split the data into a top, middle, and bottom third of data values. Optimal suitability: 75 - 100% of value (3) Moderate suitability: 25 - 75% of value (2) Low Suitability: 0 - 25% of value (1) 1. Extracts layer areas only within the study area. 2. Assigns a score from 1 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 3. Converts layer from raster to polygon. 4. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. Habitat Suitability for Biodiversity task on map viewer web application. Individual Species Predicted Habitat Suitability Models at https://mtnhp.org/models/ Gallatin, Madison, and Broadwater Counties Predicted Amphibian Biodiversity Raster Montana Natural Heritage Program 2022 Locations of low to high amphibian biodiversity (more biodiversity the more sensitive the land as a critical ecosystem). Inputs to this biodiversity model raster were normalized to a 90 x 90 meter grid, which is the finest scale that this data can be considered for. Weighting inside dataset: Data type for this layer is continuous, so scoring categories split the data into a top, middle, and bottom third of data values. Optimal suitability: 75 - 100% of value (3) Moderate suitability: 25 - 75% of value (2) Low Suitability: 0 - 25% of value (1) 1. Extracts layer areas only within the study area. 2. Assigns a score from 1 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 3. Converts layer from raster to polygon. 4. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. Habitat Suitability for Biodiversity task on map viewer web application. Individual Species Predicted Habitat Suitability Models at https://mtnhp.org/models/ Gallatin, Madison, and Broadwater Counties 604 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 173173 Descriptions of Model Inputs and Processing LayerFile TypeSourceYearDefinition Attribute Scoring Model Methods Source Link Coverage Wildlife & BiodiversityThese lands contain important wildlife habitat and plant communities that contribute to an intact and diverse Greater Yellowstone ecosystem. Wildlife relies on the Gallatin Valley for food, reproduction, and critical winter range. All plants and wildlife, and especially keystone species require healthy and cohesive habitats. Predicted Bird BiodiversityRasterMontana Natural Heritage Program 2022Locations of low to high bird biodiversity (more biodiversity the more sensitive the land as a critical ecosystem). Inputs to this biodiversity model raster were normalized to a 90 x 90 meter grid, which is the finest scale that this data can be considered for. Weighting inside dataset: Data type for this layer is continuous, so scoring categories split the data into a top, middle, and bottom third of data values. Optimal suitability: 75 - 100% of value (3) Moderate suitability: 25 - 75% of value (2) Low Suitability: 0 - 25% of value (1) 1. Extracts layer areas only within the study area. 2. Assigns a score from 1 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 3. Converts layer from raster to polygon. 4. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. Habitat Suitability for Biodiversity task on map viewer web application. Individual Species Predicted Habitat Suitability Models at https://mtnhp.org/models/ Gallatin, Madison, and Broadwater Counties Predicted Reptile Biodiversity RasterMontana Natural Heritage Program 2022Locations of low to high reptile biodiversity (more biodiversity the more sensitive the land as a critical ecosystem). Inputs to this biodiversity model raster were normalized to a 90 x 90 meter grid, which is the finest scale that this data can be considered for. Weighting inside dataset: Data type for this layer is continuous, so scoring categories split the data into a top, middle, and bottom third of data values. Optimal suitability: 75 - 100% of value (3) Moderate suitability: 25 - 75% of value (2) Low Suitability: 0 - 25% of value (1) 1. Extracts layer areas only within the study area. 2. Assigns a score from 1 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 3. Converts layer from raster to polygon. 4. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. Habitat Suitability for Biodiversity task on map viewer web application. Individual Species Predicted Habitat Suitability Models at https://mtnhp.org/models/ Gallatin, Madison, and Broadwater Counties Predicted Amphibian Biodiversity RasterMontana Natural Heritage Program 2022Locations of low to high amphibian biodiversity (more biodiversity the more sensitive the land as a critical ecosystem). Inputs to this biodiversity model raster were normalized to a 90 x 90 meter grid, which is the finest scale that this data can be considered for. Weighting inside dataset: Data type for this layer is continuous, so scoring categories split the data into a top, middle, and bottom third of data values. Optimal suitability: 75 - 100% of value (3) Moderate suitability: 25 - 75% of value (2) Low Suitability: 0 - 25% of value (1) 1. Extracts layer areas only within the study area. 2. Assigns a score from 1 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 3. Converts layer from raster to polygon. 4. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. Habitat Suitability for Biodiversity task on map viewer web application. Individual Species Predicted Habitat Suitability Models at https://mtnhp.org/models/ Gallatin, Madison, and Broadwater Counties 605 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 174174 Descriptions of Model Inputs and Processing Layer File Type Source Year Definition Attribute Scoring Model Methods Source Link Coverage Predicted Biodiversity of Plant Species of Concern Raster Montana Natural Heritage Program 2022 Locations of low to high plant biodiversity (more biodiversity the more sensitive the land as a critical ecosystem). Inputs to this biodiversity model raster were normalized to a 90 x 90 meter grid, which is the finest scale that this data can be considered for. Weighting inside dataset: Data type for this layer is continuous, so scoring categories split the data into a top, middle, and bottom third of data values. Optimal suitability: 75 - 100% of value (3) Moderate suitability: 25 - 75% of value (2) Low Suitability: 0 - 25% of value (1) 1. Extracts layer areas only within the study area. 2. Assigns a score from 1 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 3. Converts layer from raster to polygon. 4. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. Habitat Suitability for Biodiversity task on map viewer web application. Individual Species Predicted Habitat Suitability Models at https://mtnhp.org/models/ Gallatin, Madison, and Broadwater Counties Predicted Native Fish Biodiversity Raster Montana Natural Heritage Program 2022 Locations of low to high native fish biodiversity (more biodiversity the more sensitive the land as a critical ecosystem). Inputs to this biodiversity model raster were normalized to a 90 x 90 meter grid, which is the finest scale that this data can be considered for. Weighting inside dataset: Data type for this layer is continuous, so scoring categories split the data into a top, middle, and bottom third of data values. Optimal suitability: 75 - 100% of value (3) Moderate suitability: 25 - 75% of value (2) Low Suitability: 0 - 25% of value (1) 1. Extracts layer areas only within the study area. 2. Assigns a score from 1 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 3. Converts layer from raster to polygon. 4. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. Habitat Suitability for Biodiversity task on map viewer web application. Individual Species Predicted Habitat Suitability Models at https://mtnhp.org/models/ Gallatin, Madison, and Broadwater Counties Predicted Mammal Biodiversity Raster Montana Natural Heritage Program 2022 Locations of low to high mammal biodiversity (more biodiversity the more sensitive the land as a critical ecosystem). Inputs to this biodiversity model raster were normalized to a 90 x 90 meter grid, which is the finest scale that this data can be considered for. Weighting inside dataset: Data type for this layer is continuous, so scoring categories split the data into a top, middle, and bottom third of data values. Optimal suitability: 75 - 100% of value (3) Moderate suitability: 25 - 75% of value (2) Low Suitability: 0 - 25% of value (1) 1. Extracts layer areas only within the study area. 2. Assigns a score from 1 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 3. Converts layer from raster to polygon. 4. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. Habitat Suitability for Biodiversity task on map viewer web application. Individual Species Predicted Habitat Suitability Models at https://mtnhp.org/models/ Gallatin, Madison, and Broadwater Counties Wildlife and Biodiversity Results layer Geodatabase feature class 2023 This layer displays the results of the wildlife and biodiversity sensitivity model, which consists of an overall sensitivity score calculated by summing all scores assigned to each input layer, where higher scores indicate areas with either a larger diversity of layers or higher individual scoring for data present in the area. Weighting inside theme: All wildlife and biodiversity datasets given the same relative weight. No type of wildlife is weighted for more sensitivity than the others. N/A 1. Creates a union of all processed input layers. 2. Adds a field for overall sensitivity score. 3. Calculates the sensitivity score by adding all the scores calculated for each input layer. 4. Deletes excess fields not related to the assigned input and sensitivity scores. https://gallatin-valley-plan-bozeman.hub.arcgis.com/Gallatin, Madison, and Broadwater Counties 606 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 175175 Descriptions of Model Inputs and Processing LayerFile TypeSourceYearDefinition Attribute Scoring Model Methods Source Link Coverage Predicted Biodiversity of Plant Species of Concern RasterMontana Natural Heritage Program 2022Locations of low to high plant biodiversity (more biodiversity the more sensitive the land as a critical ecosystem). Inputs to this biodiversity model raster were normalized to a 90 x 90 meter grid, which is the finest scale that this data can be considered for. Weighting inside dataset: Data type for this layer is continuous, so scoring categories split the data into a top, middle, and bottom third of data values. Optimal suitability: 75 - 100% of value (3) Moderate suitability: 25 - 75% of value (2) Low Suitability: 0 - 25% of value (1) 1. Extracts layer areas only within the study area. 2. Assigns a score from 1 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 3. Converts layer from raster to polygon. 4. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. Habitat Suitability for Biodiversity task on map viewer web application. Individual Species Predicted Habitat Suitability Models at https://mtnhp.org/models/ Gallatin, Madison, and Broadwater Counties Predicted Native Fish Biodiversity RasterMontana Natural Heritage Program 2022Locations of low to high native fish biodiversity (more biodiversity the more sensitive the land as a critical ecosystem). Inputs to this biodiversity model raster were normalized to a 90 x 90 meter grid, which is the finest scale that this data can be considered for. Weighting inside dataset: Data type for this layer is continuous, so scoring categories split the data into a top, middle, and bottom third of data values. Optimal suitability: 75 - 100% of value (3) Moderate suitability: 25 - 75% of value (2) Low Suitability: 0 - 25% of value (1) 1. Extracts layer areas only within the study area. 2. Assigns a score from 1 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 3. Converts layer from raster to polygon. 4. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. Habitat Suitability for Biodiversity task on map viewer web application. Individual Species Predicted Habitat Suitability Models at https://mtnhp.org/models/ Gallatin, Madison, and Broadwater Counties Predicted Mammal Biodiversity RasterMontana Natural Heritage Program 2022Locations of low to high mammal biodiversity (more biodiversity the more sensitive the land as a critical ecosystem). Inputs to this biodiversity model raster were normalized to a 90 x 90 meter grid, which is the finest scale that this data can be considered for. Weighting inside dataset: Data type for this layer is continuous, so scoring categories split the data into a top, middle, and bottom third of data values. Optimal suitability: 75 - 100% of value (3) Moderate suitability: 25 - 75% of value (2) Low Suitability: 0 - 25% of value (1) 1. Extracts layer areas only within the study area. 2. Assigns a score from 1 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 3. Converts layer from raster to polygon. 4. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. Habitat Suitability for Biodiversity task on map viewer web application. Individual Species Predicted Habitat Suitability Models at https://mtnhp.org/models/ Gallatin, Madison, and Broadwater Counties Wildlife and Biodiversity Results layer Geodatabase feature class2023This layer displays the results of the wildlife and biodiversity sensitivity model, which consists of an overall sensitivity score calculated by summing all scores assigned to each input layer, where higher scores indicate areas with either a larger diversity of layers or higher individual scoring for data present in the area. Weighting inside theme: All wildlife and biodiversity datasets given the same relative weight. No type of wildlife is weighted for more sensitivity than the others. N/A 1. Creates a union of all processed input layers. 2. Adds a field for overall sensitivity score. 3. Calculates the sensitivity score by adding all the scores calculated for each input layer. 4. Deletes excess fields not related to the assigned input and sensitivity scores. https://gallatin-valley-plan-bozeman.hub.arcgis.com/Gallatin, Madison, and Broadwater Counties 607 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 176176 Descriptions of Model Inputs and Processing Layer File Type Source Year Definition Attribute Scoring Model Methods Source Link Coverage Connectivity These lands facilitate ecological interactions and wildlife movement to food, shelter, reproduction, clean water, and critical winter ranges. This land also provides for the emotional and physical well-being of residents, such as through scenic landscapes and recreation. Nodes are often large publicly managed lands with multiple use mandates. While data representing wildlife corridors is not publicly available at the scale needed for this analysis, this layer represents areas with more intact habitat, riparian and wetland areas, and big game winter distributions, which may indicate nodes that could benefit actual wildlife corridors if protected from degradation and connected through future protections. Montana Wetland Framework Shapefile Montana Natural Heritage Program 2021 Wetlands are a vital ecosystem for habitat corridors and connectivity for wildlife and water quality/quantity. Weighting inside dataset: All wetlands weighted equally for sensitivity. Weighting inside theme: Wetlands and their buffers are assigned the highest scoring available because wetlands are known critical wildlife movement corridors. Select all - buffer by 150 feet (300 foot corridor) (3) 1. Extracts layer areas only within the study area. 2. Buffers riparian areas by 150 feet on each side, creating a 300-foot corridor. 3. Adds an empty field for the wetland score. 4. Calculates a score in the wetland score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://mslservices.mt.gov/Geographic_Information/ Data/DataList/datalist_Details.aspx?did=%7Bf57e92f5-a3fa-45b2- 9de8-0ba46bbb2d46%7D Gallatin, Madison, and Broadwater Counties Montana Riparian Framework Shapefile Montana Natural Heritage Program 2021 Riparian Areas are a vital ecosystem for habitat corridors and connectivity for wildlife and water quality/quantity. Weighting inside dataset: All riparian areas weighted equally for sensitivity. Weighting inside theme: Riparian areas and their buffers are assigned the highest scoring available because they are known critical wildlife movement corridors. Select all - buffer by 150 feet (300 foot corridor) (3) 1. Extracts layer areas only within the study area. 2. Buffers riparian areas by 150 feet on each side, creating a 300-foot corridor. 3. Adds an empty field for the riparian score. 4. Calculates a score in the riparian score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://mslservices.mt.gov/ Geographic_Information/Data/DataList/datalist_Details. aspx?did=%7Bf57e92f5-a3fa-45b2-9de8-0ba46bbb2d46%7D Gallatin, Madison, and Broadwater Counties Conservation Easements Shapefile Montana State Library, Gallatin County 2023 Areas that are already protected by conservation easements so won't need a priority ranking, but could influence protection of surrounding sensitive lands. Within the connectivity model, these areas act as desirable nodes to connect. Weighting inside dataset: All conservation easements weighted equally for sensitivity Weighting inside theme: Conservation easements are given a reduced score because they represent potential nodes for wildlife movement rather than pathways. Select all (1)Model Methods for conservation easements, managed areas, and dedicated parks and open space layers: 1. Extracts each layer except the Park Maintenance layer only within the study area (3 intersections). 2. Combines conservation easement data from Gallatin County, conservation easement data from the Montana State Library, managed areas, and park maintenance layers into one layer without overlap through three unions. 3. Adds an empty field for the protected lands score. 4. Calculates a score in the protected lands score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. Montana State Library: https:// mslservices.mt.gov/Geographic_ Information/Data/DataList/datalist_Details.aspx?did={9d69b262-b766- 11e2-bc7e-f23c91aec05e} Gallatin County data received through correspondence. Gallatin, Madison, and Broadwater Counties 608 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 177177 Descriptions of Model Inputs and Processing LayerFile TypeSourceYearDefinition Attribute Scoring Model Methods Source Link Coverage ConnectivityThese lands facilitate ecological interactions and wildlife movement to food, shelter, reproduction, clean water, and critical winter ranges. This land also provides for the emotional and physical well-being of residents, such as through scenic landscapes and recreation. Nodes are often large publicly managed lands with multiple use mandates. While data representing wildlife corridors is not publicly available at the scale needed for this analysis, this layer represents areas with more intact habitat, riparian and wetland areas, and big game winter distributions, which may indicate nodes that could benefit actual wildlife corridors if protected from degradation and connected through future protections. Montana Wetland Framework ShapefileMontana Natural Heritage Program 2021Wetlands are a vital ecosystem for habitat corridors and connectivity for wildlife and water quality/quantity. Weighting inside dataset: All wetlands weighted equally for sensitivity. Weighting inside theme: Wetlands and their buffers are assigned the highest scoring available because wetlands are known critical wildlife movement corridors. Select all - buffer by 150 feet (300 foot corridor) (3) 1. Extracts layer areas only within the study area. 2. Buffers riparian areas by 150 feet on each side, creating a 300-foot corridor. 3. Adds an empty field for the wetland score. 4. Calculates a score in the wetland score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://mslservices.mt.gov/Geographic_Information/ Data/DataList/datalist_Details.aspx?did=%7Bf57e92f5-a3fa-45b2- 9de8-0ba46bbb2d46%7D Gallatin, Madison, and Broadwater Counties Montana Riparian Framework ShapefileMontana Natural Heritage Program 2021Riparian Areas are a vital ecosystem for habitat corridors and connectivity for wildlife and water quality/quantity. Weighting inside dataset: All riparian areas weighted equally for sensitivity. Weighting inside theme: Riparian areas and their buffers are assigned the highest scoring available because they are known critical wildlife movement corridors. Select all - buffer by 150 feet (300 foot corridor) (3) 1. Extracts layer areas only within the study area. 2. Buffers riparian areas by 150 feet on each side, creating a 300-foot corridor. 3. Adds an empty field for the riparian score. 4. Calculates a score in the riparian score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://mslservices.mt.gov/ Geographic_Information/Data/DataList/datalist_Details. aspx?did=%7Bf57e92f5-a3fa-45b2-9de8-0ba46bbb2d46%7D Gallatin, Madison, and Broadwater Counties Conservation Easements ShapefileMontana State Library, Gallatin County 2023Areas that are already protected by conservation easements so won't need a priority ranking, but could influence protection of surrounding sensitive lands. Within the connectivity model, these areas act as desirable nodes to connect. Weighting inside dataset: All conservation easements weighted equally for sensitivity Weighting inside theme: Conservation easements are given a reduced score because they represent potential nodes for wildlife movement rather than pathways. Select all (1)Model Methods for conservation easements, managed areas, and dedicated parks and open space layers: 1. Extracts each layer except the Park Maintenance layer only within the study area (3 intersections). 2. Combines conservation easement data from Gallatin County, conservation easement data from the Montana State Library, managed areas, and park maintenance layers into one layer without overlap through three unions. 3. Adds an empty field for the protected lands score. 4. Calculates a score in the protected lands score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. Montana State Library: https:// mslservices.mt.gov/Geographic_ Information/Data/DataList/datalist_Details.aspx?did={9d69b262-b766- 11e2-bc7e-f23c91aec05e} Gallatin County data received through correspondence. Gallatin, Madison, and Broadwater Counties 609 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 178178 Descriptions of Model Inputs and Processing Layer File Type Source Year Definition Attribute Scoring Model Methods Source Link Coverage Managed Areas Shapefile Montana State Library 2021 Contains information on special land designations that impact management decisions. Examples include Indian Reservations, National Wildlife Refuges, State Parks, and Wilderness Areas. Within the connectivity model, these areas act as desirable nodes to connect. Weighting inside dataset: All managed areas weighted equally for sensitivity. Weighting inside theme: Management areas are given a reduced score because they represent potential nodes for wildlife movement rather than pathways. Select all (1)Continued: Conservation Easement Acres Indicator: This model also calculates acreage of conservation easements by using the results of the union of the two easements layer as an input. These tools 1. Calculate acreage of all polygons. 2. Exports attribute table of input to excel. Managed Lands Acres Indicator: This model also calculates acreage of managed lands by using the results of the union of the managed lands and the dedicated parks and open spaces, using the same process as the conservation easements indicator calculation. https://mslservices.mt.gov/Geographic_Information/ Data/DataList/datalist_Details. aspx?did={80C2319F-17BC-4A67-B0DF-BB12B53D1D5E} Gallatin, Madison, and Broadwater Counties Dedicated Parks and Open Space Shapefile City of Bozeman 2023 Contains polygons of dedicated park land and open space managed by the City of Bozeman. Weighting inside dataset: All dedicated parks and open space are weighted equally for sensitivity. Weighting inside theme: Dedicated parks and open space are given a reduced score because they represent potential nodes for wildlife movement rather than pathways. Select all (1)Received through correspondence from Gallatin County City of Bozeman Predicted Directed Female Grizzly Bear Connectivity Pathways Raster U.S. Geological Survey 2023 Predicted female grizzly bear connectivity pathways summarized from five sets of randomized shortest path movement simulations, with lower values corresponding to lower connectivity and higher values corresponding to higher connectivity. Female grizzly bear pathways were selected according to Working Group guidance because they are more indicative of populations setting up home ranges. Weighting inside of this dataset: Data type for this layer is continuous, so scoring categories split the data into a fourths of data values for scores 0 - 3. Weighting inside of this theme: High density grizzly dispersal data was given the highest available scoring as the only species corridor data present in this theme. No paths: 0 - 4 (0) Low Density: 4 - 6 (1) Moderate Density: 6 - 8 (2) High Density: 8 - 10 (3) 1. Extracts layer areas only within the study area. 2. Assigns a score from 0 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 4. Converts layer from raster to polygon. 5. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. https://www.sciencebase.gov/catalog/ item/6491b06bd34ef77fcb004422 Gallatin, Madison, and Broadwater Counties 610 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 179179 Descriptions of Model Inputs and Processing LayerFile TypeSourceYearDefinition Attribute Scoring Model Methods Source Link Coverage Managed AreasShapefileMontana State Library2021Contains information on special land designations that impact management decisions. Examples include Indian Reservations, National Wildlife Refuges, State Parks, and Wilderness Areas. Within the connectivity model, these areas act as desirable nodes to connect. Weighting inside dataset: All managed areas weighted equally for sensitivity. Weighting inside theme: Management areas are given a reduced score because they represent potential nodes for wildlife movement rather than pathways. Select all (1)Continued: Conservation Easement Acres Indicator: This model also calculates acreage of conservation easements by using the results of the union of the two easements layer as an input. These tools 1. Calculate acreage of all polygons. 2. Exports attribute table of input to excel. Managed Lands Acres Indicator: This model also calculates acreage of managed lands by using the results of the union of the managed lands and the dedicated parks and open spaces, using the same process as the conservation easements indicator calculation. https://mslservices.mt.gov/Geographic_Information/ Data/DataList/datalist_Details. aspx?did={80C2319F-17BC-4A67-B0DF-BB12B53D1D5E} Gallatin, Madison, and Broadwater Counties Dedicated Parks and Open Space ShapefileCity of Bozeman2023Contains polygons of dedicated park land and open space managed by the City of Bozeman. Weighting inside dataset: All dedicated parks and open space are weighted equally for sensitivity. Weighting inside theme: Dedicated parks and open space are given a reduced score because they represent potential nodes for wildlife movement rather than pathways. Select all (1)Received through correspondence from Gallatin County City of Bozeman Predicted Directed Female Grizzly Bear Connectivity Pathways RasterU.S. Geological Survey 2023Predicted female grizzly bear connectivity pathways summarized from five sets of randomized shortest path movement simulations, with lower values corresponding to lower connectivity and higher values corresponding to higher connectivity. Female grizzly bear pathways were selected according to Working Group guidance because they are more indicative of populations setting up home ranges. Weighting inside of this dataset: Data type for this layer is continuous, so scoring categories split the data into a fourths of data values for scores 0 - 3. Weighting inside of this theme: High density grizzly dispersal data was given the highest available scoring as the only species corridor data present in this theme. No paths: 0 - 4 (0) Low Density: 4 - 6 (1) Moderate Density: 6 - 8 (2) High Density: 8 - 10 (3) 1. Extracts layer areas only within the study area. 2. Assigns a score from 0 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 4. Converts layer from raster to polygon. 5. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. https://www.sciencebase.gov/catalog/ item/6491b06bd34ef77fcb004422 Gallatin, Madison, and Broadwater Counties 611 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 180180 Descriptions of Model Inputs and Processing Layer File Type Source Year Definition Attribute Scoring Model Methods Source Link Coverage Predicted Undirected Female Grizzly Bear Connectivity Pathways Raster U.S. Geological Survey 2023 Predicted female grizzly bear connectivity pathways summarized from undirected movement simulations, with lower values corresponding to lower connectivity and higher values corresponding to higher connectivity. Female grizzly bear pathways were selected according to Working Group guidance because they are more indicative of populations setting up home ranges. Weighting inside dataset: Data type for this layer is continuous, so scoring categories split the data into a fourths of data values for scores 0 - 3. Weighting inside theme: High density grizzly dispersal data was given the highest available scoring as the only species corridor data present in this theme. No paths: 0 - 5 (0) Low Density: 5 - 7 (1) Moderate Density: 7 - 9 (2) High Density: 9 - 10 (3)) 1. Extracts layer areas only within the study area. 2. Assigns a score from 0 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 4. Converts layer from raster to polygon. 5. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. https://www.sciencebase.gov/catalog/ item/6491b06bd34ef77fcb004422 Gallatin, Madison, and Broadwater Counties Wildlife Resource Value on Private Lands Shapefile Montana Fish, Wildlife, and Parks Department 2021 This layer ranks wildlife habitat based on importance to wildlife. Core habitat include surface water features and other important areas (note that the report identifies raptor nests as important but these are not mapped). Higher value land includes areas with some native habitat and areas with higher wildlife areas, while lower value includes agricultural land, subdivisions, and areas with lower wildlife use. Weighting inside of this dataset: Areas designated as core wildlife habitat (included channel migration corridors) were given the highest available score, with scoring decreasing in value for higher value areas and again for lower value areas. Urban and urbanizing areas were not allocated with any points since this areas have the lowest value for wildlife and are highly impacted by human use. Weighting inside of this theme: Scoring for this layer starts with the highest available score since it acts as an indicator for wildlife nodes within movement corridors. Core Wildlife Habitat (3) Channel Migration Zone (3) Higher Value For Wildlife (2) Lower Value For Wildlife (1) Urban/Urbanizing Area (0) 1. Extracts layer areas only within the study area. 2. Adds an empty field for the wildlife score. 3. Calculates a score in the wildlife score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://gallatincomt.virtualtownhall.net/sites/g/files/vyhlif606/f/ pages/growth_policy_-_final_full_ document_9.1.21.pdf Gallatin County on Private Lands 612 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 181181 Descriptions of Model Inputs and Processing LayerFile TypeSourceYearDefinition Attribute Scoring Model Methods Source Link Coverage Predicted Undirected Female Grizzly Bear Connectivity Pathways RasterU.S. Geological Survey 2023Predicted female grizzly bear connectivity pathways summarized from undirected movement simulations, with lower values corresponding to lower connectivity and higher values corresponding to higher connectivity. Female grizzly bear pathways were selected according to Working Group guidance because they are more indicative of populations setting up home ranges. Weighting inside dataset: Data type for this layer is continuous, so scoring categories split the data into a fourths of data values for scores 0 - 3. Weighting inside theme: High density grizzly dispersal data was given the highest available scoring as the only species corridor data present in this theme. No paths: 0 - 5 (0) Low Density: 5 - 7 (1) Moderate Density: 7 - 9 (2) High Density: 9 - 10 (3)) 1. Extracts layer areas only within the study area. 2. Assigns a score from 0 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 4. Converts layer from raster to polygon. 5. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. https://www.sciencebase.gov/catalog/ item/6491b06bd34ef77fcb004422 Gallatin, Madison, and Broadwater Counties Wildlife Resource Value on Private Lands ShapefileMontana Fish, Wildlife, and Parks Department 2021This layer ranks wildlife habitat based on importance to wildlife. Core habitat include surface water features and other important areas (note that the report identifies raptor nests as important but these are not mapped). Higher value land includes areas with some native habitat and areas with higher wildlife areas, while lower value includes agricultural land, subdivisions, and areas with lower wildlife use. Weighting inside of this dataset: Areas designated as core wildlife habitat (included channel migration corridors) were given the highest available score, with scoring decreasing in value for higher value areas and again for lower value areas. Urban and urbanizing areas were not allocated with any points since this areas have the lowest value for wildlife and are highly impacted by human use. Weighting inside of this theme: Scoring for this layer starts with the highest available score since it acts as an indicator for wildlife nodes within movement corridors. Core Wildlife Habitat (3) Channel Migration Zone (3) Higher Value For Wildlife (2) Lower Value For Wildlife (1) Urban/Urbanizing Area (0) 1. Extracts layer areas only within the study area. 2. Adds an empty field for the wildlife score. 3. Calculates a score in the wildlife score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://gallatincomt.virtualtownhall.net/sites/g/files/vyhlif606/f/ pages/growth_policy_-_final_full_ document_9.1.21.pdf Gallatin County on Private Lands 613 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 182182 Descriptions of Model Inputs and Processing Layer File Type Source Year Definition Attribute Scoring Model Methods Source Link Coverage Connectivity Results layer Geodatabase feature class 2023 This layer displays the results of the connectivity sensitivity model, which consists of an overall sensitivity score calculated by summing all scores assigned to each input layer, where higher scores indicate areas with either a larger diversity of layers or higher individual scoring for data present in the area.. N/A 1. Creates a union of all processed input layers. 2. Adds a field for overall sensitivity score. 3. Calculates the sensitivity score by adding all the scores calculated for each input layer. 4. Deletes excess fields not related to the assigned input and sensitivity scores. https://gallatin-valley-plan-bozeman.hub.arcgis.com/Gallatin, Madison, and Broadwater Counties Generalized Connectivity Pathways Geodatabase feature class Consultation with Montana Fish, Wildlife, and Parks Department 2023 This layer displays generalized pathways that could provide connections between potential wildlife hotspots. They do not represent actual corridors since telemetry and GPS tracking is confidential and not available for this study from Montana Fish, Wildlife, and Parks (FWP). This layer has no weighting. N/A Generalized pathways were identified by highlighting potential pathways between biodiversity hotspots from the Wildlife and Biodiversity Results layer and through email correspondence and discussions with FWP. https://gallatin-valley-plan- bozeman.hub.arcgis.com/ Gallatin, Madison, and Broadwater Counties Agricultural Heritage These working lands provide food and livestock production to maintain the community’s historic economic base. Working farmlands also provide scenic views, community separation, and openness that help maintain the unique sense of place. Agriculture secondarily provides wildlife habitat and movement, especially to wintering big game. This land is typically privately owned and public access is limited. Prime Soils/AG Lands Shapefile U.S. Geological Survey 2022 This layer identifies soils that are important for farmland productivity. Weighting inside dataset: Farmland with higher quality ratings are given higher scores, with lands that are not prime farmland excluded with a score of 0. Weighting inside theme: Areas with all prime farmland provide high quality soil conditions for farming and if developed would lose these conditions. Select by FRMLNDCL: All areas are prime farmland (3) Farmland of local importance (2) Farmland of statewide importance (2) Prime farmland if irrigated (1) Not prime farmland (0) 1. For each county, extracts layer areas only within the study area. 2. Adds an empty field for the prime soils score. 3. Calculates a score in the prime soils score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. 4. Creates a union of the prime soils layers for Gallatin, Madison, and Broadwater Counties into one layer. https://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx Gallatin, Madison, and Broadwater Counties 614 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 183183 Descriptions of Model Inputs and Processing LayerFile TypeSourceYearDefinition Attribute Scoring Model Methods Source Link Coverage Connectivity Results layerGeodatabase feature class2023This layer displays the results of the connectivity sensitivity model, which consists of an overall sensitivity score calculated by summing all scores assigned to each input layer, where higher scores indicate areas with either a larger diversity of layers or higher individual scoring for data present in the area.. N/A 1. Creates a union of all processed input layers. 2. Adds a field for overall sensitivity score. 3. Calculates the sensitivity score by adding all the scores calculated for each input layer. 4. Deletes excess fields not related to the assigned input and sensitivity scores. https://gallatin-valley-plan-bozeman.hub.arcgis.com/Gallatin, Madison, and Broadwater Counties Generalized Connectivity Pathways Geodatabase feature class Consultation with Montana Fish, Wildlife, and Parks Department 2023This layer displays generalized pathways that could provide connections between potential wildlife hotspots. They do not represent actual corridors since telemetry and GPS tracking is confidential and not available for this study from Montana Fish, Wildlife, and Parks (FWP). This layer has no weighting. N/A Generalized pathways were identified by highlighting potential pathways between biodiversity hotspots from the Wildlife and Biodiversity Results layer and through email correspondence and discussions with FWP. https://gallatin-valley-plan- bozeman.hub.arcgis.com/ Gallatin, Madison, and Broadwater Counties Agricultural HeritageThese working lands provide food and livestock production to maintain the community’s historic economic base. Working farmlands also provide scenic views, community separation, and openness that help maintain the unique sense of place. Agriculture secondarily provides wildlife habitat and movement, especially to wintering big game. This land is typically privately owned and public access is limited. Prime Soils/AG LandsShapefileU.S. Geological Survey 2022This layer identifies soils that are important for farmland productivity. Weighting inside dataset: Farmland with higher quality ratings are given higher scores, with lands that are not prime farmland excluded with a score of 0. Weighting inside theme: Areas with all prime farmland provide high quality soil conditions for farming and if developed would lose these conditions. Select by FRMLNDCL: All areas are prime farmland (3) Farmland of local importance (2) Farmland of statewide importance (2) Prime farmland if irrigated (1) Not prime farmland (0) 1. For each county, extracts layer areas only within the study area. 2. Adds an empty field for the prime soils score. 3. Calculates a score in the prime soils score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. 4. Creates a union of the prime soils layers for Gallatin, Madison, and Broadwater Counties into one layer. https://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx Gallatin, Madison, and Broadwater Counties 615 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 184184 Descriptions of Model Inputs and Processing Layer File Type Source Year Definition Attribute Scoring Model Methods Source Link Coverage Non-Irrigated and Irrigated Acres (Revenue Final Land Unit (FLU) Classification) File Geodatabase Feature Class Work 2022 The Department of Revenue Final Land Unit Classification (FLU) is a classification of private agricultural land into one of six uses, fallow, hay, grazing, irrigated, and commercial and non-commercial forest. This layer contains forested land and agricultural land that was not classified as grazing. For the purposes of agriculture assessment, unclassified lands are considered grazing. In the sensitive lands model, this layer indicates lands that are important to agriculture, excluding grazing. Weighting inside dataset: Land that is already equipped with irrigation is more sensitive to developmental impacts than non-irrigated farmland. Weighting inside theme: This layer represents lands actively in use for non-grazing agriculture, which is the most direct estimate of agricultural lands available in the model. Select fallow, hay, specialty crop (2) Irrigated (3) 1. Extracts layer areas only within the study area. 2. Calculates acres for each polygon. 3. Selects polygons classed as fallow, hay, specialty crop, or continuously cropped. 3. Adds an empty field for the agriculture lands score. 4. Calculates a score in the agriculture lands field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://mslservices.mt.gov/Geographic_Information/ Data/DataList/datalist_Details. aspx?did={3f9bb571-c148-4891-b929-c70b6b1a2fd5} Gallatin, Madison, and Broadwater Counties Waterways (Ditches)Shapefile Gallatin County for Gallatin County; NHD for remaining study area 2022 Gallatin County data indicating the location of ditches, which are important connectors for farmland water. Weighting inside dataset: All ditches are weighted equally for sensitivity. Weighting inside theme: Ditches are essential for supplying water to irrigated farmland and if disrupted would also disrupt farming activities dependent on this water source. Select by Type: Ditch or Piped Ditch (3) Buffered 100 feet on each side, creating a 200-foot corridor 1. Selects ditches and piped ditches. 2. Extracts layer areas only within the study area. 3. Buffers ditches by 100 feet on each side, creating a 200-foot corridor. 3. Adds an empty field for the waterways ditches score. 4. Calculates a score in the waterways ditches field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://gallatincomt.virtualtownhall.net/geographic-information- systems/pages/data-download Gallatin County National Hydrography Dataset (NHD) (Ditches) File Geodatabase Feature Class U.S. Geological Survey 2019 NHD data indicating the location of ditches and piped ditches, which are important connectors for farmland water. Weighting inside dataset: All ditches are weighted equally for sensitivity. Weighting inside theme: Ditches are essential for supplying water to irrigated farmland and if disrupted would also disrupt farming activities dependent on this water source. Select by FCODE: 33600 - Canal/Ditch (3) and 33601 - Canal/Ditch: Aquifer (3) 1. Selects canals/ditches (FCodes 33600 and 33601). 2. Extracts layer areas only within the study area. 3. Buffers ditches by 100 feet on each side, creating a 200-foot corridor. 3. Adds an empty field for the NHD ditches score. 4. Calculates a score in the NHD ditches score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://apps.nationalmap.gov/downloader/#/Madison and Broadwater Counties 616 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 185185 Descriptions of Model Inputs and Processing LayerFile TypeSourceYearDefinition Attribute Scoring Model Methods Source Link Coverage Non-Irrigated and Irrigated Acres (Revenue Final Land Unit (FLU) Classification) File Geodatabase Feature Class Work2022The Department of Revenue Final Land Unit Classification (FLU) is a classification of private agricultural land into one of six uses, fallow, hay, grazing, irrigated, and commercial and non-commercial forest. This layer contains forested land and agricultural land that was not classified as grazing. For the purposes of agriculture assessment, unclassified lands are considered grazing. In the sensitive lands model, this layer indicates lands that are important to agriculture, excluding grazing. Weighting inside dataset: Land that is already equipped with irrigation is more sensitive to developmental impacts than non-irrigated farmland. Weighting inside theme: This layer represents lands actively in use for non-grazing agriculture, which is the most direct estimate of agricultural lands available in the model. Select fallow, hay, specialty crop (2) Irrigated (3) 1. Extracts layer areas only within the study area. 2. Calculates acres for each polygon. 3. Selects polygons classed as fallow, hay, specialty crop, or continuously cropped. 3. Adds an empty field for the agriculture lands score. 4. Calculates a score in the agriculture lands field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://mslservices.mt.gov/Geographic_Information/ Data/DataList/datalist_Details. aspx?did={3f9bb571-c148-4891-b929-c70b6b1a2fd5} Gallatin, Madison, and Broadwater Counties Waterways (Ditches)ShapefileGallatin County for Gallatin County; NHD for remaining study area 2022Gallatin County data indicating the location of ditches, which are important connectors for farmland water. Weighting inside dataset: All ditches are weighted equally for sensitivity. Weighting inside theme: Ditches are essential for supplying water to irrigated farmland and if disrupted would also disrupt farming activities dependent on this water source. Select by Type: Ditch or Piped Ditch (3) Buffered 100 feet on each side, creating a 200-foot corridor 1. Selects ditches and piped ditches. 2. Extracts layer areas only within the study area. 3. Buffers ditches by 100 feet on each side, creating a 200-foot corridor. 3. Adds an empty field for the waterways ditches score. 4. Calculates a score in the waterways ditches field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://gallatincomt.virtualtownhall.net/geographic-information- systems/pages/data-download Gallatin County National Hydrography Dataset (NHD) (Ditches) File Geodatabase Feature Class U.S. Geological Survey 2019NHD data indicating the location of ditches and piped ditches, which are important connectors for farmland water. Weighting inside dataset: All ditches are weighted equally for sensitivity. Weighting inside theme: Ditches are essential for supplying water to irrigated farmland and if disrupted would also disrupt farming activities dependent on this water source. Select by FCODE: 33600 - Canal/Ditch (3) and 33601 - Canal/Ditch: Aquifer (3) 1. Selects canals/ditches (FCodes 33600 and 33601). 2. Extracts layer areas only within the study area. 3. Buffers ditches by 100 feet on each side, creating a 200-foot corridor. 3. Adds an empty field for the NHD ditches score. 4. Calculates a score in the NHD ditches score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://apps.nationalmap.gov/downloader/#/Madison and Broadwater Counties 617 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 186186 Descriptions of Model Inputs and Processing Layer File Type Source Year Definition Attribute Scoring Model Methods Source Link Coverage Visual Analysis of Rural Landscape Raster Created from 10 meter digital elevation model (DEM) from the U.S. Department of Agriculture Natural Resources Conservation Services Accessed March, 2023 Input prioritizing the visual identity of the rural community as analysis from major roadways.  Weighting inside dataset: All visible areas weighted equally for sensitivity. Weighting inside theme: While the visibility of agricultural land from major roads is important to retaining the Gallatin Valley's unique sense of place, maintaining agricultural lands and their farm-able conditions are more critical and sensitive to development. Visible areas (1) Non-visible areas (0)Prior to running the model, the geodesic viewshed tool was run using as inputs 1) a mosaic of 10 meter DEMs and 2) viewpoints generated every 0.24 miles along the interstate, Norris Road, and Springhill Road, South 19th Avenue, and U.S. 191 (labeled in the data as Gallatin Road, Huffine Lane, and West and East Main Street). The analysis was run with a 6ft observer elevation for a bare earth, 2-mile viewshed. The output raster of this process was then used as an input to the model. 1. Extracts layer areas only within the study area. 2. Converts each cell value of a raster to an integer, which is necessary for the raster to be compatible with the raster to polygon tool. 3. Converts the raster to a polygon. 4. Adds an empty field for the viewshed score. 5. Calculates a score in the viewshed score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. DEM source: https://mslservices.mt.gov/Geographic_Information/ Data/DataList/datalist_Details. aspx?did={CCC91687-A133-4270-A89F-CDCC9A091260} Gallatin, Madison, and Broadwater Counties Agricultural Heritage Results layer Geodatabase feature class 2023 This layer displays the results of the agricultural heritage sensitivity model, which consists of an overall sensitivity score calculated by summing all scores assigned to each input layer, where higher scores indicate areas with either a larger diversity of layers or higher individual scoring for data present in the area. N/A 1. Creates a union of all processed input layers. 2. Adds a field for overall sensitivity score. 3. Calculates the sensitivity score by adding all the scores calculated for each input layer. 4. Deletes excess fields not related to the assigned input and sensitivity scores. https://gallatin-valley-plan- bozeman.hub.arcgis.com/ Gallatin, Madison, and Broadwater Counties 618 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 187187 Descriptions of Model Inputs and Processing LayerFile TypeSourceYearDefinition Attribute Scoring Model Methods Source Link Coverage Visual Analysis of Rural Landscape RasterCreated from 10 meter digital elevation model (DEM) from the U.S. Department of Agriculture Natural Resources Conservation Services Accessed March, 2023 Input prioritizing the visual identity of the rural community as analysis from major roadways.  Weighting inside dataset: All visible areas weighted equally for sensitivity. Weighting inside theme: While the visibility of agricultural land from major roads is important to retaining the Gallatin Valley's unique sense of place, maintaining agricultural lands and their farm-able conditions are more critical and sensitive to development. Visible areas (1) Non-visible areas (0)Prior to running the model, the geodesic viewshed tool was run using as inputs 1) a mosaic of 10 meter DEMs and 2) viewpoints generated every 0.24 miles along the interstate, Norris Road, and Springhill Road, South 19th Avenue, and U.S. 191 (labeled in the data as Gallatin Road, Huffine Lane, and West and East Main Street). The analysis was run with a 6ft observer elevation for a bare earth, 2-mile viewshed. The output raster of this process was then used as an input to the model. 1. Extracts layer areas only within the study area. 2. Converts each cell value of a raster to an integer, which is necessary for the raster to be compatible with the raster to polygon tool. 3. Converts the raster to a polygon. 4. Adds an empty field for the viewshed score. 5. Calculates a score in the viewshed score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. DEM source: https://mslservices.mt.gov/Geographic_Information/ Data/DataList/datalist_Details. aspx?did={CCC91687-A133-4270-A89F-CDCC9A091260} Gallatin, Madison, and Broadwater Counties Agricultural Heritage Results layer Geodatabase feature class 2023This layer displays the results of the agricultural heritage sensitivity model, which consists of an overall sensitivity score calculated by summing all scores assigned to each input layer, where higher scores indicate areas with either a larger diversity of layers or higher individual scoring for data present in the area. N/A 1. Creates a union of all processed input layers. 2. Adds a field for overall sensitivity score. 3. Calculates the sensitivity score by adding all the scores calculated for each input layer. 4. Deletes excess fields not related to the assigned input and sensitivity scores. https://gallatin-valley-plan- bozeman.hub.arcgis.com/ Gallatin, Madison, and Broadwater Counties 619 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 188188 Descriptions of Model Inputs and Processing Layer File Type Source Year Definition Attribute Scoring Model Methods Source Link Coverage Water Quality Water systems underlies all other themes because natural water features (wetlands, riparian areas, lakes, streams, and rivers) provide critical habitat and connectivity for aquatic species and wildlife populations, clean drinking water, and resiliency to natural disasters and climate change. Human made irrigation infrastructure also provides value to the land in the form of water delivery for working farms and ranches, and groundwater recharge that supports the health of the entire ecosystem. National Flood Hazard Layer Shapefile Federal Emergency Management Agency 2023 Floodplains act as key wildlife corridors and as crucial ecosystems that buffer/protect waterways. Weighting inside dataset: A and AE in the FLD_ZONE field are within the base floodplain while the other designations are either undefined or outside of the base flood zone. Weighting inside theme: Floodplains are given the highest available score because development within the floodplain can degrade its natural functions and destroy critical habitat movement corridors. A, AE - high risk (3) D - undefined (0) X - moderate to low risk (0) Select A and AE 1. Selects flood zones A and AE. 2. Extracts layer areas only within the study area. 3. Adds an empty field for the floodplain score. 4. Calculates a score in the floodplain score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://www.fema.gov/flood-maps/national-flood-hazard-layer Gallatin, Madison, and Broadwater Counties Waterways (Streams and Rivers) Shapefile Gallatin County 2022 Waterways act as key wildlife corridors, biodiversity hotspots, and are essential for biological system function. The Gallatin County waterways data is the most accurate surface water dataset available for the county and is updated annually. Weighting inside dataset: In Gallatin Valley, different development buffers and setbacks are applied to waterways depending on the width of the waterway. This layer includes three different distances for buffers to account for this variation, with areas closer to the waterway having higher scores to areas farther away. Weighting inside theme: Waterways provide critical habitat, resources, and movement corridors for wildlife, so land with waterways and closest to the waterways are given the highest score available. Select by stream, excluding ditches. (3) Buffer of Waterways layer: 150 feet total (3) 300 feet total (2) 500 feet total (1) 1. Selects streams. 2. Extracts layer areas only within the study area. 3. Buffers waterways by three distances: 1) 75 feet on each side, creating a 150-foot corridor, 2). 150 feet on each side, creating a 300-foot corridor, and 3) 250 feet on each side, creating a 500-foot corridor. 3. Adds an empty field for the waterways stream score. 4. Calculates a score in the waterways stream score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://gallatincomt.virtualtownhall.net/geographic-information- systems/pages/data-download Gallatin County 620 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 189189 Descriptions of Model Inputs and Processing LayerFile TypeSourceYearDefinition Attribute Scoring Model Methods Source Link Coverage Water QualityWater systems underlies all other themes because natural water features (wetlands, riparian areas, lakes, streams, and rivers) provide critical habitat and connectivity for aquatic species and wildlife populations, clean drinking water, and resiliency to natural disasters and climate change. Human made irrigation infrastructure also provides value to the land in the form of water delivery for working farms and ranches, and groundwater recharge that supports the health of the entire ecosystem. National Flood Hazard LayerShapefileFederal Emergency Management Agency 2023Floodplains act as key wildlife corridors and as crucial ecosystems that buffer/protect waterways. Weighting inside dataset: A and AE in the FLD_ZONE field are within the base floodplain while the other designations are either undefined or outside of the base flood zone. Weighting inside theme: Floodplains are given the highest available score because development within the floodplain can degrade its natural functions and destroy critical habitat movement corridors. A, AE - high risk (3) D - undefined (0) X - moderate to low risk (0) Select A and AE 1. Selects flood zones A and AE. 2. Extracts layer areas only within the study area. 3. Adds an empty field for the floodplain score. 4. Calculates a score in the floodplain score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://www.fema.gov/flood-maps/national-flood-hazard-layer Gallatin, Madison, and Broadwater Counties Waterways (Streams and Rivers) ShapefileGallatin County2022Waterways act as key wildlife corridors, biodiversity hotspots, and are essential for biological system function. The Gallatin County waterways data is the most accurate surface water dataset available for the county and is updated annually. Weighting inside dataset: In Gallatin Valley, different development buffers and setbacks are applied to waterways depending on the width of the waterway. This layer includes three different distances for buffers to account for this variation, with areas closer to the waterway having higher scores to areas farther away. Weighting inside theme: Waterways provide critical habitat, resources, and movement corridors for wildlife, so land with waterways and closest to the waterways are given the highest score available. Select by stream, excluding ditches. (3) Buffer of Waterways layer: 150 feet total (3) 300 feet total (2) 500 feet total (1) 1. Selects streams. 2. Extracts layer areas only within the study area. 3. Buffers waterways by three distances: 1) 75 feet on each side, creating a 150-foot corridor, 2). 150 feet on each side, creating a 300-foot corridor, and 3) 250 feet on each side, creating a 500-foot corridor. 3. Adds an empty field for the waterways stream score. 4. Calculates a score in the waterways stream score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://gallatincomt.virtualtownhall.net/geographic-information- systems/pages/data-download Gallatin County 621 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 190190 Descriptions of Model Inputs and Processing Layer File Type Source Year Definition Attribute Scoring Model Methods Source Link Coverage National Hydrography Dataset (NHD) (Streams and Rivers) File Geodatabase Feature Class U.S. Geological Survey 2019 Waterways act as key wildlife corridors, biodiversity hotspots, and are essential for biological system function. Weighting inside dataset: In Gallatin Valley, different development buffers and setbacks are applied to waterways depending on the width of the waterway. This layer includes three different distances for buffers to account for this variation, with areas closer to the waterway having higher scores to areas farther away. Weighting inside theme: Waterways provide critical habitat, resources, and movement corridors for wildlife, so land with waterways and closest to the waterways are given the highest score available. Select by stream, excluding ditches. (3) Buffer of Waterways layer: 150 feet total (3) 300 feet total (2) 500 feet total (1) 1. Selects streams and rivers (FCodes 46000, 46003, 46006, and 46007). 2. Extracts layer areas only within the study area. 3. Buffers waterways by three distances: 1) 75 feet on each side, creating a 150-foot corridor, 2). 150 feet on each side, creating a 300-foot corridor, and 3) 250 feet on each side, creating a 500-foot corridor. 3. Adds an empty field for the NHD stream score. 4. Calculates a score in the NHD stream score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://apps.nationalmap.gov/downloader/#/Madison and Broadwater Counties Montana Riparian Framework Shapefile Montana Natural Heritage Program 2021 Riparian Areas are a vital ecosystem for habitat corridors and connectivity for wildlife and water quality/quantity. Weighting inside dataset: All riparian areas weighted equally for sensitivity. Weighting inside theme: Riparian areas and their buffers are assigned the highest scoring available because they provide critical habitat, resources, and movement corridors for wildlife. Select all (3)1. Extracts layer areas only within the study area. 2. Adds an empty field for the riparian score. 3. Calculates a score in the riparian score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://mslservices.mt.gov/ Geographic_Information/ Data/DataList/datalist_Details.aspx?did=%7Bf57e92f5-a3fa-45b2- 9de8-0ba46bbb2d46%7D Gallatin, Madison, and Broadwater Counties Montana Wetland Framework Shapefile Montana Natural Heritage Program 2021 Wetlands are a vital ecosystem for habitat corridors and connectivity for wildlife and water quality/quantity. Weighting inside dataset: All wetlands are weighted equally for sensitivity. Weighting inside of theme: Wetlands and their buffers are assigned the highest scoring available because they provide critical habitat, resources, and movement corridors for wildlife. Select all (3)1. Extracts layer areas only within the study area. 2. Adds an empty field for the wetland score. 3. Calculates a score in the wetland score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://mslservices.mt.gov/ Geographic_Information/Data/DataList/datalist_Details. aspx?did=%7Bf57e92f5-a3fa-45b2- 9de8-0ba46bbb2d46%7D Gallatin, Madison, and Broadwater Counties 622 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 191191 Descriptions of Model Inputs and Processing LayerFile TypeSourceYearDefinition Attribute Scoring Model Methods Source Link Coverage National Hydrography Dataset (NHD) (Streams and Rivers) File Geodatabase Feature Class U.S. Geological Survey 2019Waterways act as key wildlife corridors, biodiversity hotspots, and are essential for biological system function. Weighting inside dataset: In Gallatin Valley, different development buffers and setbacks are applied to waterways depending on the width of the waterway. This layer includes three different distances for buffers to account for this variation, with areas closer to the waterway having higher scores to areas farther away. Weighting inside theme: Waterways provide critical habitat, resources, and movement corridors for wildlife, so land with waterways and closest to the waterways are given the highest score available. Select by stream, excluding ditches. (3) Buffer of Waterways layer: 150 feet total (3) 300 feet total (2) 500 feet total (1) 1. Selects streams and rivers (FCodes 46000, 46003, 46006, and 46007). 2. Extracts layer areas only within the study area. 3. Buffers waterways by three distances: 1) 75 feet on each side, creating a 150-foot corridor, 2). 150 feet on each side, creating a 300-foot corridor, and 3) 250 feet on each side, creating a 500-foot corridor. 3. Adds an empty field for the NHD stream score. 4. Calculates a score in the NHD stream score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://apps.nationalmap.gov/downloader/#/Madison and Broadwater Counties Montana Riparian Framework ShapefileMontana Natural Heritage Program 2021Riparian Areas are a vital ecosystem for habitat corridors and connectivity for wildlife and water quality/quantity. Weighting inside dataset: All riparian areas weighted equally for sensitivity. Weighting inside theme: Riparian areas and their buffers are assigned the highest scoring available because they provide critical habitat, resources, and movement corridors for wildlife. Select all (3)1. Extracts layer areas only within the study area. 2. Adds an empty field for the riparian score. 3. Calculates a score in the riparian score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://mslservices.mt.gov/ Geographic_Information/ Data/DataList/datalist_Details.aspx?did=%7Bf57e92f5-a3fa-45b2- 9de8-0ba46bbb2d46%7D Gallatin, Madison, and Broadwater Counties Montana Wetland Framework ShapefileMontana Natural Heritage Program 2021Wetlands are a vital ecosystem for habitat corridors and connectivity for wildlife and water quality/quantity. Weighting inside dataset: All wetlands are weighted equally for sensitivity. Weighting inside of theme: Wetlands and their buffers are assigned the highest scoring available because they provide critical habitat, resources, and movement corridors for wildlife. Select all (3)1. Extracts layer areas only within the study area. 2. Adds an empty field for the wetland score. 3. Calculates a score in the wetland score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://mslservices.mt.gov/ Geographic_Information/Data/DataList/datalist_Details. aspx?did=%7Bf57e92f5-a3fa-45b2- 9de8-0ba46bbb2d46%7D Gallatin, Madison, and Broadwater Counties 623 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 192192 Descriptions of Model Inputs and Processing Layer File Type Source Year Definition Attribute Scoring Model Methods Source Link Coverage Channel Migration Zones (CMZ) Shapefile Montana State Library 2017 Interference with natural channel migration processes can result in rapid erosion and adverse impacts to aquatic and riparian biological systems. Weighting inside dataset: Erosion hazards zones (EHZs) are areas that channels may occupy over the period of the channel migration zone. Avulsion hazard zones (AHZs) are zones not captured by EHZs but may also be occupied by the river. Other areas in the dataset include the channel itself and historic migration zones and are not included for scoring. Weighting inside theme: Channel migration zones are given the highest available score because development within channel migration zones can degrade the water system's natural functions and destroy critical habitat movement corridors. Select by avulsion hazard zone (AHZ) and erosion hazard area (EHA) (3) 1. Selects CMZ by AHZ and EHA. 2. Extracts layer areas only within the study area. 3. Adds an empty field for the CMZ score. 4. Calculates a score in the CMZ score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://msl.mt.gov/geoinfo/data/montana_channel_migration_ zones/data_maps_and_reports Gallatin, Madison, and Broadwater Counties Recommended areas for water recharge suitability investigation File Geodatabase Feature Class Bren School of Environmental Science & Management at the University of California, Santa Barbara. 2016 Shows areas that satisfy the recharge criterion of: surficial geology, slope, soil type, land use, land ownership, depth of the groundwater. This recharge suitability analysis is intended to guide the Water Exchange’s initial selection of land parcels. However, further on-site hydrogeological investigation will be required to confirm that the hydrogeological conditions will allow sufficient volumes of water to be infiltrated into the aquifer. Weighting inside dataset: All recommended areas are weighted equally for sensitivity. Weighting inside theme: Groundwater recharge is critical for managing groundwater supply and pollutant removal for the ecosystems and human use. Development often includes significant increases in impermeable surfaces, preventing groundwater recharge from occurring, increasing the importance of protecting areas with the proper conditions for recharge. Select all (3)1. Adds an empty field for the recharge score. 2. Calculates a score in the recharge score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://montanagroundwater. weebly.com/uploads/5/2/1/6/52163899/gvwe_ management_plan.pdf https://montanagroundwater. weebly.com/final-report.html Gallatin County 624 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 193193 Descriptions of Model Inputs and Processing LayerFile TypeSourceYearDefinition Attribute Scoring Model Methods Source Link Coverage Channel Migration Zones (CMZ) ShapefileMontana State Library 2017Interference with natural channel migration processes can result in rapid erosion and adverse impacts to aquatic and riparian biological systems. Weighting inside dataset: Erosion hazards zones (EHZs) are areas that channels may occupy over the period of the channel migration zone. Avulsion hazard zones (AHZs) are zones not captured by EHZs but may also be occupied by the river. Other areas in the dataset include the channel itself and historic migration zones and are not included for scoring. Weighting inside theme: Channel migration zones are given the highest available score because development within channel migration zones can degrade the water system's natural functions and destroy critical habitat movement corridors. Select by avulsion hazard zone (AHZ) and erosion hazard area (EHA) (3) 1. Selects CMZ by AHZ and EHA. 2. Extracts layer areas only within the study area. 3. Adds an empty field for the CMZ score. 4. Calculates a score in the CMZ score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://msl.mt.gov/geoinfo/data/montana_channel_migration_ zones/data_maps_and_reports Gallatin, Madison, and Broadwater Counties Recommended areas for water recharge suitability investigation File Geodatabase Feature Class Bren School of Environmental Science & Management at the University of California, Santa Barbara. 2016Shows areas that satisfy the recharge criterion of: surficial geology, slope, soil type, land use, land ownership, depth of the groundwater. This recharge suitability analysis is intended to guide the Water Exchange’s initial selection of land parcels. However, further on-site hydrogeological investigation will be required to confirm that the hydrogeological conditions will allow sufficient volumes of water to be infiltrated into the aquifer. Weighting inside dataset: All recommended areas are weighted equally for sensitivity. Weighting inside theme: Groundwater recharge is critical for managing groundwater supply and pollutant removal for the ecosystems and human use. Development often includes significant increases in impermeable surfaces, preventing groundwater recharge from occurring, increasing the importance of protecting areas with the proper conditions for recharge. Select all (3)1. Adds an empty field for the recharge score. 2. Calculates a score in the recharge score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://montanagroundwater. weebly.com/uploads/5/2/1/6/52163899/gvwe_ management_plan.pdf https://montanagroundwater. weebly.com/final-report.html Gallatin County 625 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 194194 Descriptions of Model Inputs and Processing Layer File Type Source Year Definition Attribute Scoring Model Methods Source Link Coverage Climate Resilient Watersheds The Nature Conservancy/ DTM Consulting 2015 As climate change progresses, the watersheds that provide the Gallatin Valley with water will be increasingly critical to protect. This layer highlights which watersheds contain areas with high elevation and low insolation and are more likely to contain resilient snow pack. Weighting inside dataset: Scoring reflects the categories of shade categories provided by the authors in their map symbology. Weighting inside theme: The areas in the highest category for this dataset are given the highest score available because that are critical for ensuring future water supply for the Valley as climate change progresses. Select all; Symbolized by LowAcres (Acres of Low Insolation) 1 - 1000 (Low Shade): 1 1000 - 3000 (Medium Shade): 2 3000 and above (High Shade): 3 1. Extracts layer areas only within the study area. 2. Creates a union between the Gallatin County stream layer and the Madison and Broadwater stream layer into one stream layer that covers the entire study area. 3. Finds the streams that intersect each watershed. 1. Adds an empty field for the watershed score. 2. Calculates a score in the watershed score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. This score is assigned to streams based on the level of insolation of the watershed that they intersect with. Provided by The Nature Conservancy through email correspondence https://drive.google.com/file/d/1EV0SuP83VFMAq- bBI8AFAxAjXMUCUgNP/view https://ui.adsabs.harvard.edu/ abs/2018AGUFM.H31M2126L/abstract Gallatin, Madison, and Broadwater Counties Buffer of Water Layers File Geodatabase Feature Class Intermediate Output 2023 This layer contains a three-ringed buffer around all layers in the water theme except for waterways and NHD to create the widest corridor of all water features, excluding those that are buffered individually. Weighting inside dataset: In Gallatin Valley, different development buffers and setbacks are applied to surface water depending on the characteristics of the surface water body. This layer includes three different distances for buffers to account for this variation, with areas closer to the water body having higher scores to areas farther away. Weighting inside theme: Surface water and groundwater provide critical habitat, resources, and movement corridors for ecosystems, so land with these features and closest to these features are given the highest score available. Buffer of water layers: 150 feet total (3) 300 feet total (2) 500 feet total (1) 1. Creates a union with all input layers in this theme except for waterways and NHD into one layer. 2. Dissolves excess boundaries within unioned layer. 3. Buffers unioned layer by three distances: 1) 75 feet on each side, creating a 150-foot corridor, 2). 150 feet on each side, creating a 300-foot corridor, and 3) 250 feet on each side, creating a 500-foot corridor. 4. Adds an empty field for the buffer score. 5. Calculates a score in the buffer score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://gallatin-valley-plan-bozeman.hub.arcgis.com/Gallatin, Madison, and Broadwater Counties Water Results layer Geodatabase feature class 2023 This layer displays the results of the water quality and quantity sensitivity model, which consists of an overall sensitivity score calculated by summing all scores assigned to each input layer, where higher scores indicate areas with either a larger diversity of layers or higher individual scoring for data present in the area. N/A 1. Creates a union of all processed input layers. 2. Adds a field for overall sensitivity score. 3. Calculates the sensitivity score by adding all the scores calculated for each input layer. 4. Deletes excess fields not related to the assigned input and sensitivity scores. https://gallatin-valley-plan- bozeman.hub.arcgis.com/ Gallatin, Madison, and Broadwater Counties 626 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 195195 Descriptions of Model Inputs and Processing LayerFile TypeSourceYearDefinition Attribute Scoring Model Methods Source Link Coverage Climate Resilient Watersheds The Nature Conservancy/ DTM Consulting 2015As climate change progresses, the watersheds that provide the Gallatin Valley with water will be increasingly critical to protect. This layer highlights which watersheds contain areas with high elevation and low insolation and are more likely to contain resilient snow pack. Weighting inside dataset: Scoring reflects the categories of shade categories provided by the authors in their map symbology. Weighting inside theme: The areas in the highest category for this dataset are given the highest score available because that are critical for ensuring future water supply for the Valley as climate change progresses. Select all; Symbolized by LowAcres (Acres of Low Insolation) 1 - 1000 (Low Shade): 1 1000 - 3000 (Medium Shade): 2 3000 and above (High Shade): 3 1. Extracts layer areas only within the study area. 2. Creates a union between the Gallatin County stream layer and the Madison and Broadwater stream layer into one stream layer that covers the entire study area. 3. Finds the streams that intersect each watershed. 1. Adds an empty field for the watershed score. 2. Calculates a score in the watershed score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. This score is assigned to streams based on the level of insolation of the watershed that they intersect with. Provided by The Nature Conservancy through email correspondence https://drive.google.com/file/d/1EV0SuP83VFMAq- bBI8AFAxAjXMUCUgNP/view https://ui.adsabs.harvard.edu/ abs/2018AGUFM.H31M2126L/abstract Gallatin, Madison, and Broadwater Counties Buffer of Water LayersFile Geodatabase Feature Class Intermediate Output2023This layer contains a three-ringed buffer around all layers in the water theme except for waterways and NHD to create the widest corridor of all water features, excluding those that are buffered individually. Weighting inside dataset: In Gallatin Valley, different development buffers and setbacks are applied to surface water depending on the characteristics of the surface water body. This layer includes three different distances for buffers to account for this variation, with areas closer to the water body having higher scores to areas farther away. Weighting inside theme: Surface water and groundwater provide critical habitat, resources, and movement corridors for ecosystems, so land with these features and closest to these features are given the highest score available. Buffer of water layers: 150 feet total (3) 300 feet total (2) 500 feet total (1) 1. Creates a union with all input layers in this theme except for waterways and NHD into one layer. 2. Dissolves excess boundaries within unioned layer. 3. Buffers unioned layer by three distances: 1) 75 feet on each side, creating a 150-foot corridor, 2). 150 feet on each side, creating a 300-foot corridor, and 3) 250 feet on each side, creating a 500-foot corridor. 4. Adds an empty field for the buffer score. 5. Calculates a score in the buffer score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://gallatin-valley-plan-bozeman.hub.arcgis.com/Gallatin, Madison, and Broadwater Counties Water Results layer Geodatabase feature class 2023This layer displays the results of the water quality and quantity sensitivity model, which consists of an overall sensitivity score calculated by summing all scores assigned to each input layer, where higher scores indicate areas with either a larger diversity of layers or higher individual scoring for data present in the area. N/A 1. Creates a union of all processed input layers. 2. Adds a field for overall sensitivity score. 3. Calculates the sensitivity score by adding all the scores calculated for each input layer. 4. Deletes excess fields not related to the assigned input and sensitivity scores. https://gallatin-valley-plan- bozeman.hub.arcgis.com/ Gallatin, Madison, and Broadwater Counties 627 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 196196 Descriptions of Model Inputs and Processing Layer File Type Source Year Definition Attribute Scoring Model Methods Source Link Coverage Development Constraints Areas, regardless of sensitive land status, that are likely to be undevelopable and could de facto protected and/or are already protected from future development. An overlay layer shows where future conservation and protection efforts may be less of a priority. Slope Over 25%Shapefile Montana Natural Heritage Program 2020 Steep slopes would present increased development challenges and are less likely to be developed so immediate actions to conserve these areas could be a lesser priority. Select 25% slope and greater 1. Extracts layer areas only within the study area.DEM source: https://datagateway.nrcs.usda.gov/GDGOrder.aspx Gallatin, Madison, and Broadwater Counties Floodplain Shapefile Federal Emergency Management Agency 2023 Development is often difficult in floodplains. Floodways and 100-year floodplain are subject to floodplain regulations which do not prohibit all development but offer some ways to minimize impact. A, AE - high risk D - undefined X - moderate to low risk Select A and AE 1. Extracts layer areas only within the study area.https://www.fema.gov/flood-maps/ national-flood-hazard-layer Gallatin, Madison, and Broadwater Counties Conservation Easements Shapefile Montana State Library, Gallatin County 2023 These areas that are already protected by conservation easements so they won't need a priority ranking, but could influence protection of surrounding sensitive lands. Select all 1. Extracts layer areas only within the study area.https://mslservices.mt.gov/ Geographic_Information/Data/DataList/datalist_Details. aspx?did={9d69b262-b766-11e2-bc7e-f23c91aec05e} Gallatin, Madison, and Broadwater Counties Managed Areas Shapefile Montana State Library 2021 Contains information on special land designations that impact management decisions. Examples include Indian Reservations, National Wildlife Refuges, State Parks, and Wilderness Areas. Select all 1. Extracts layer areas only within the study area.https://mslservices.mt.gov/ Geographic_Information/Data/DataList/datalist_Details. aspx?did={80C2319F-17BC-4A67-B0DF-BB12B53D1D5E} Gallatin, Madison, and Broadwater Counties Dedicated Parks and Open Space Shapefile City of Bozeman 2023 Contains polygons of dedicated park land and open space managed by the City of Bozeman. On maps for this plan, dedicated parks and open space are included as managed areas. Select all 1. Extracts layer areas only within the study area.Received through correspondence from Gallatin County City of Bozeman Development Constraints Overlay layer Geodatabase feature class 2023 This layer displays the development constraints overlay, which consists of all development constraints layers combined into one layer without overlap. N/A 1. Creates a union of all processed input layers. 2. Dissolves excess boundaries within unioned layer. https://gallatin-valley-plan- bozeman.hub.arcgis.com/ Gallatin, Madison, and Broadwater Counties 628 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 197197 Descriptions of Model Inputs and Processing LayerFile TypeSourceYearDefinition Attribute Scoring Model Methods Source Link Coverage Development ConstraintsAreas, regardless of sensitive land status, that are likely to be undevelopable and could de facto protected and/or are already protected from future development. An overlay layer shows where future conservation and protection efforts may be less of a priority. Slope Over 25%ShapefileMontana Natural Heritage Program 2020Steep slopes would present increased development challenges and are less likely to be developed so immediate actions to conserve these areas could be a lesser priority. Select 25% slope and greater 1. Extracts layer areas only within the study area.DEM source: https://datagateway.nrcs.usda.gov/GDGOrder.aspx Gallatin, Madison, and Broadwater Counties FloodplainShapefileFederal Emergency Management Agency 2023Development is often difficult in floodplains. Floodways and 100-year floodplain are subject to floodplain regulations which do not prohibit all development but offer some ways to minimize impact. A, AE - high risk D - undefined X - moderate to low risk Select A and AE 1. Extracts layer areas only within the study area.https://www.fema.gov/flood-maps/ national-flood-hazard-layer Gallatin, Madison, and Broadwater Counties Conservation Easements ShapefileMontana State Library, Gallatin County 2023These areas that are already protected by conservation easements so they won't need a priority ranking, but could influence protection of surrounding sensitive lands. Select all 1. Extracts layer areas only within the study area.https://mslservices.mt.gov/ Geographic_Information/Data/DataList/datalist_Details. aspx?did={9d69b262-b766-11e2-bc7e-f23c91aec05e} Gallatin, Madison, and Broadwater Counties Managed Areas ShapefileMontana State Library 2021Contains information on special land designations that impact management decisions. Examples include Indian Reservations, National Wildlife Refuges, State Parks, and Wilderness Areas. Select all 1. Extracts layer areas only within the study area.https://mslservices.mt.gov/ Geographic_Information/Data/DataList/datalist_Details. aspx?did={80C2319F-17BC-4A67-B0DF-BB12B53D1D5E} Gallatin, Madison, and Broadwater Counties Dedicated Parks and Open Space ShapefileCity of Bozeman2023Contains polygons of dedicated park land and open space managed by the City of Bozeman. On maps for this plan, dedicated parks and open space are included as managed areas. Select all 1. Extracts layer areas only within the study area.Received through correspondence from Gallatin County City of Bozeman Development Constraints Overlay layer Geodatabase feature class 2023This layer displays the development constraints overlay, which consists of all development constraints layers combined into one layer without overlap. N/A 1. Creates a union of all processed input layers. 2. Dissolves excess boundaries within unioned layer. https://gallatin-valley-plan- bozeman.hub.arcgis.com/ Gallatin, Madison, and Broadwater Counties 629 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 198198 Descriptions of Model Inputs and Processing Layer File Type Source Year Definition Attribute Scoring Model Methods Source Link Coverage Development Pressures Areas that are most impacted by current development and likely to attract to future development. Overlay layers show where sensitive land protection priorities should be focused. Minor and Major Subdivisions Feature dataclass (polygon) Gallatin County 2022 Considering major and minor subdivisions can help with locating where development is planned and if its occurring on or near sensitive lands including subdivisions and roads. Select all No processing was performed on this overlay input.https://gallatincomt.virtualtownhall.net/geographic-information- systems/pages/data-download Gallatin County Wildfire Prone Areas Feature dataclass (polygon) Montana Department of Natural Resources and Conservation 2020 Montana Wildlife Risk Assessment HUC 12 Watershed Summary contains data on wildfire prone areas, included in this project as an overlay to highlight sensitive lands that may be prone to wildfires. "5 Categories; Low 0-40th Moderate 40-70th High 70-90th Very High 90-95th Extreme - >95th Water and Non-Burnable Symbolized by Total_mean_eNVC_ Percentile" 1. Extracts layer areas only within the study area. 3. Calculates acres for each polygon in the layer. https://mwra-mtdnrc.hub.arcgis. com/datasets/MTDNRC::mwra-hydrologic-unit-code-12-digit- huc-6-watershed-summary/explore?location=46.655206%2C- 109.893177%2C7.48 Gallatin, Madison, and Broadwater Counties Human Disturbance Index Raster Montana Natural Heritage Program 2016 The Montana Human Disturbance Index (HDI) represents six disturbance categories: Development, Transportation, Agriculture, Resource Extraction/Energy Development, Introduced Vegetation, and Forestry Practices Select all 1. Extracts layer areas only within the study area. 2. Converts each cell value of a raster to an integer, which is necessary for the raster to be compatible with the raster to polygon tool. 3. Converts the raster to a polygon. https://mslservices.mt.gov/ Geographic_Information/ Data/DataList/datalist_Details.aspx?did={639e7c86-8224-11e4- b116-123b93f75cba} Gallatin, Madison, and Broadwater Counties Climate Resilient Watersheds Feature dataclass (polygon) The Nature Conservancy/ DTM Consulting 2015 As climate change progresses, the watersheds that provide the Gallatin Valley with water will be increasingly critical to protect. This layer highlights which watersheds contain areas with high elevations and low insolation and are more likely to contain resilient snow pack. Select all; Symbolized by LowAcres (Acres of Low Insolation) 1 - 1000 (Low Shade) 1000 - 3000 (Medium Shade) 3000 and above (High Shade) 1. Extracts layer areas only within the study area.Provided by The Nature Conservancy through email correspondence https://drive.google.com/ file/d/1EV0SuP83VFMAq-bBI8AFAxAjXMUCUgNP/view https://ui.adsabs.harvard.edu/abs/2018AGUFM.H31M2126L/ abstract Gallatin, Madison, and Broadwater Counties Base Layers All of these layers were used in maps found in the report for this plan, except for the roads and contours layers which were used to create model inputs. Municipal Boundaries Shapefile Gallatin County 2023 Boundaries for municipalities within Gallatin County, Montana N/A N/A https://gallatincomt.virtualtownhall. net/geographic-information-systems/pages/data-download Gallatin, Madison, and Broadwater Counties Watershed Boundary Feature dataclass (polygon) Montana State Library, City of Bozeman 2022 A complete digital hydrologic unit boundary layer of the regions (2-digit HUCs), subregions (4-digit), basins (6-digit), subbasins (8-digit), watersheds (10-digit), and subwatersheds (12-digit) for Montana. N/A N/A https://mslservices.mt.gov/ Geographic_Information/ Data/DataList/datalist_Details.aspx?did={0077A7D3-F6C3-4D08- 9837-410E79A12FCC} Gallatin, Madison, and Broadwater Counties 630 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 199199 Descriptions of Model Inputs and Processing LayerFile TypeSourceYearDefinition Attribute Scoring Model Methods Source Link Coverage Development PressuresAreas that are most impacted by current development and likely to attract to future development. Overlay layers show where sensitive land protection priorities should be focused. Minor and Major Subdivisions Feature dataclass (polygon) Gallatin County2022Considering major and minor subdivisions can help with locating where development is planned and if its occurring on or near sensitive lands including subdivisions and roads. Select all No processing was performed on this overlay input.https://gallatincomt.virtualtownhall.net/geographic-information- systems/pages/data-download Gallatin County Wildfire Prone Areas Feature dataclass (polygon) Montana Department of Natural Resources and Conservation 2020Montana Wildlife Risk Assessment HUC 12 Watershed Summary contains data on wildfire prone areas, included in this project as an overlay to highlight sensitive lands that may be prone to wildfires. "5 Categories; Low 0-40th Moderate 40-70th High 70-90th Very High 90-95th Extreme - >95th Water and Non-Burnable Symbolized by Total_mean_eNVC_ Percentile" 1. Extracts layer areas only within the study area. 3. Calculates acres for each polygon in the layer. https://mwra-mtdnrc.hub.arcgis. com/datasets/MTDNRC::mwra-hydrologic-unit-code-12-digit- huc-6-watershed-summary/explore?location=46.655206%2C- 109.893177%2C7.48 Gallatin, Madison, and Broadwater Counties Human Disturbance Index RasterMontana Natural Heritage Program 2016The Montana Human Disturbance Index (HDI) represents six disturbance categories: Development, Transportation, Agriculture, Resource Extraction/Energy Development, Introduced Vegetation, and Forestry Practices Select all 1. Extracts layer areas only within the study area. 2. Converts each cell value of a raster to an integer, which is necessary for the raster to be compatible with the raster to polygon tool. 3. Converts the raster to a polygon. https://mslservices.mt.gov/ Geographic_Information/ Data/DataList/datalist_Details.aspx?did={639e7c86-8224-11e4- b116-123b93f75cba} Gallatin, Madison, and Broadwater Counties Climate Resilient Watersheds Feature dataclass (polygon) The Nature Conservancy/ DTM Consulting 2015As climate change progresses, the watersheds that provide the Gallatin Valley with water will be increasingly critical to protect. This layer highlights which watersheds contain areas with high elevations and low insolation and are more likely to contain resilient snow pack. Select all; Symbolized by LowAcres (Acres of Low Insolation) 1 - 1000 (Low Shade) 1000 - 3000 (Medium Shade) 3000 and above (High Shade) 1. Extracts layer areas only within the study area.Provided by The Nature Conservancy through email correspondence https://drive.google.com/ file/d/1EV0SuP83VFMAq-bBI8AFAxAjXMUCUgNP/view https://ui.adsabs.harvard.edu/abs/2018AGUFM.H31M2126L/ abstract Gallatin, Madison, and Broadwater Counties Base LayersAll of these layers were used in maps found in the report for this plan, except for the roads and contours layers which were used to create model inputs. Municipal Boundaries ShapefileGallatin County 2023Boundaries for municipalities within Gallatin County, Montana N/A N/A https://gallatincomt.virtualtownhall. net/geographic-information-systems/pages/data-download Gallatin, Madison, and Broadwater Counties Watershed Boundary Feature dataclass (polygon) Montana State Library, City of Bozeman 2022A complete digital hydrologic unit boundary layer of the regions (2-digit HUCs), subregions (4-digit), basins (6-digit), subbasins (8-digit), watersheds (10-digit), and subwatersheds (12-digit) for Montana. N/A N/A https://mslservices.mt.gov/ Geographic_Information/ Data/DataList/datalist_Details.aspx?did={0077A7D3-F6C3-4D08- 9837-410E79A12FCC} Gallatin, Madison, and Broadwater Counties 631 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 200200 Descriptions of Model Inputs and Processing Layer File Type Source Year Definition Attribute Scoring Model Methods Source Link Coverage Montana Railroads Feature dataclass (polygon) Montana State Library 2017 The Montana Transportation Framework includes railroads data integrated from multiple sources for a statewide dataset. N/A N/A https://mslservices.mt.gov/Geographic_Information/ Data/DataList/datalist_Details. aspx?did={26E71BA8-914E-458B-B2EC-62F22AD06C30} Gallatin, Madison, and Broadwater Counties Roads Shapefile Gallatin County 2023 Contains major and local roads within Gallatin County.N/A This layer was used as an input in the Agricultural Heritage model's visual analysis.https://gallatincomt.virtualtownhall.net/geographic-information- systems/pages/data-download Gallatin, Madison, and Broadwater Counties Triangle Plan Boundary Shapefile Gallatin County 2020 The planning area for the 2020 Triangle Community Plan created in response to increase population growth in Gallatin County. N/A N/A Received through correspondence from Gallatin County Gallatin County City of Bozeman Growth Boundary Shapefile City of Bozeman 2019 The long term expected growth area for Bozeman, Montana.N/A N/A https://public-bozeman.opendata.arcgis.com/datasets/ bozeman::growth-policy-proposed- boundary/about City of Bozeman Planning Jurisdictions for Three Forks, Manhattan, and Belgrade Shapefile Gallatin County Varied The planning jurisdiction boundaries for Three Forks, Manhattan, and Belgrade, Montana. N/A N/A Received through correspondence from Gallatin County Cities of Three Forks, Manhattan, and Belgrade Contours Shapefile Montana State Library 2008 Contour lines tagged with their represented elevations and lines representing streams and quadrangle boundaries. N/A This layer was used to calculate slope layer as an input for the Development Constraints overlay. https://mslservices.mt.gov/Geographic_Information/ Data/DataList/datalist_Details.aspx?did={CCC91687-A133-4270- A89F-CDCC9A091260} Gallatin, Madison, and Broadwater Counties Gallatin Valley Structures Mapped Since 2003 Shapefile Gallatin County 2023 Point data for structures within Gallatin County since the passage of the County’s first Growth Policy in 2003. N/A This layer was used to create the relative structure density heat map. Point data for structures in Gallatin Valley were input to the point density tool with a 30 square meter output cell size and a 1,000 square meter radius on a circle neighborhood. Received through correspondence from Gallatin County Gallatin County Gallatin Valley Sensitive Lands Plan Study Area Feature dataclass (polygon) City of Bozeman 2023 This layer denotes the study area for the Gallatin Valley Sensitive Lands Plan model. Within the models for this plan, the study area acts as the extent of all other layers for analysis and is used to clip input layers. N/A N/A https://gallatin-valley-plan- bozeman.hub.arcgis.com/ Gallatin, Madison, and Broadwater Counties Note: All data for model projected into NAD 1983 StatePlane Montana FIPS 2500 (Meters). 632 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 201201 Descriptions of Model Inputs and Processing LayerFile TypeSourceYearDefinition Attribute Scoring Model Methods Source Link Coverage Montana RailroadsFeature dataclass (polygon) Montana State Library2017The Montana Transportation Framework includes railroads data integrated from multiple sources for a statewide dataset. N/A N/A https://mslservices.mt.gov/Geographic_Information/ Data/DataList/datalist_Details. aspx?did={26E71BA8-914E-458B-B2EC-62F22AD06C30} Gallatin, Madison, and Broadwater Counties RoadsShapefileGallatin County2023Contains major and local roads within Gallatin County.N/A This layer was used as an input in the Agricultural Heritage model's visual analysis.https://gallatincomt.virtualtownhall.net/geographic-information- systems/pages/data-download Gallatin, Madison, and Broadwater Counties Triangle Plan Boundary ShapefileGallatin County 2020The planning area for the 2020 Triangle Community Plan created in response to increase population growth in Gallatin County. N/A N/A Received through correspondence from Gallatin County Gallatin County City of Bozeman Growth Boundary ShapefileCity of Bozeman2019The long term expected growth area for Bozeman, Montana.N/A N/A https://public-bozeman.opendata.arcgis.com/datasets/ bozeman::growth-policy-proposed- boundary/about City of Bozeman Planning Jurisdictions for Three Forks, Manhattan, and Belgrade ShapefileGallatin County VariedThe planning jurisdiction boundaries for Three Forks, Manhattan, and Belgrade, Montana. N/A N/A Received through correspondence from Gallatin County Cities of Three Forks, Manhattan, and Belgrade ContoursShapefileMontana State Library2008Contour lines tagged with their represented elevations and lines representing streams and quadrangle boundaries. N/A This layer was used to calculate slope layer as an input for the Development Constraints overlay. https://mslservices.mt.gov/Geographic_Information/ Data/DataList/datalist_Details.aspx?did={CCC91687-A133-4270- A89F-CDCC9A091260} Gallatin, Madison, and Broadwater Counties Gallatin Valley Structures Mapped Since 2003 ShapefileGallatin County2023Point data for structures within Gallatin County since the passage of the County’s first Growth Policy in 2003. N/A This layer was used to create the relative structure density heat map. Point data for structures in Gallatin Valley were input to the point density tool with a 30 square meter output cell size and a 1,000 square meter radius on a circle neighborhood. Received through correspondence from Gallatin County Gallatin County Gallatin Valley Sensitive Lands Plan Study Area Feature dataclass (polygon) City of Bozeman 2023This layer denotes the study area for the Gallatin Valley Sensitive Lands Plan model. Within the models for this plan, the study area acts as the extent of all other layers for analysis and is used to clip input layers. N/A N/A https://gallatin-valley-plan- bozeman.hub.arcgis.com/ Gallatin, Madison, and Broadwater Counties 633 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 202202 Model Design by Theme Processing for the Four Sensitivity Themes For each of the four themes, input layers were first limited to the Study Area and relevant attributes were selected as listed in “Descriptions of Model Inputs and Processing” of Appendix C. After additional processing as needed for individual input layers, all input polygons were combined into one results layer and their individual sensitivity scores were summed to obtain an overall sensitivity score for the theme. Additional processing included acreage calculations when needed for scoring selections, the addition of buffers, and a viewshed analysis for the Agricultural Heritage theme. For raster data, additional processing consisted of reclassifying the values of the rasters to match the assigned sensitivity scoring levels (Appendix C), converting the raster cell values to integers if necessary, converting the rasters to polygons, and renaming the sensitivity score fields for clarity. The following graphics provide an overview of the modeling process for each theme and overlay. Blue ovals represent inputs, green ovals are intermediate outputs and final outputs, while yellow rectangles indicate a model tool or process which applies an action to the data. INPUT TOOL/ PROCESS OUTPUT 634 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 203203635 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 204204 Wildlife and Biodiversity Reptile Biodiversity Project Area Extract by Mask Reptile Biodiversity Extract Reclassify Reptile Biodiversity Score Bird Biodiversity Extract by Mask (3) Bird Biodiversity Extract Reclassify (3) Bird Biodiversity Score Amphibian Biodiversity Extract by Mask (2) Amphibian Biodiversity Extract Reclassify (2) Amphibian Biodiversity Score Mammal Biodiversity Extract by Mask (4) Mammal Biodiversity Extract Reclassify (4) Mammal Biodiversity Score Plant Biodiversity Extract by Mask (5) Plant Biodiversity Extract Reclassify (7) Plant Biodiversity Score Extract by Mask (6) Fish Biodiversity Extract Reclassify (5) Fish Biodiversity Score Alter Field Reptile Biodiversity Polygon (2) Alter Field (2) Amphibian Biodiversity Polygon (2) Alter Field (3) Bird Biodiversity Polygon (2) Alter Field (4) Mammal Biodiversity Polygon (2) Alter Field (5) Plant Biodiversity Polygon (2) Alter Field (6) Fish Biodiversity Polygon (2) Union Wildlife Union 1 Union (2)Wildlife Union 2 Union (3)Wildlife Union 3 Union (4)Wildlife Union 4 Union (5)Wildlife Union 5 Raster to Polygon Reptile Biodiversity Polygon Raster to Polygon (2) Amphibian Biodiversity Polygon Raster to Polygon (3) Bird Biodiversity Polygon Raster to Polygon (4) Mammal Biodiversity Polygon Raster to Polygon (5) Plant Biodiversity Polygon Raster to Polygon (6) Fish Biodiversity Polygon Add Field Wildlife Union 5 (2) Calculate Field Wildlife Union 5 (3) Native Fish Biodiversity Delete Field Wildlife Union 5 (4) 636 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 205205 Reptile Biodiversity Project Area Extract by Mask Reptile Biodiversity Extract Reclassify Reptile Biodiversity Score Bird BiodiversityExtract by Mask (3) Bird Biodiversity Extract Reclassify (3) Bird Biodiversity Score Amphibian Biodiversity Extract by Mask (2) Amphibian Biodiversity Extract Reclassify (2) Amphibian Biodiversity Score Mammal BiodiversityExtract by Mask (4) Mammal Biodiversity Extract Reclassify (4) Mammal Biodiversity Score Plant Biodiversity Extract by Mask (5) Plant Biodiversity Extract Reclassify (7) Plant Biodiversity Score Extract by Mask (6) Fish Biodiversity Extract Reclassify (5) Fish Biodiversity Score Alter Field Reptile Biodiversity Polygon (2) Alter Field (2) Amphibian Biodiversity Polygon (2) Alter Field (3) Bird Biodiversity Polygon (2) Alter Field (4) Mammal Biodiversity Polygon (2) Alter Field (5) Plant Biodiversity Polygon (2) Alter Field (6) Fish Biodiversity Polygon (2) Union Wildlife Union 1 Union (2)Wildlife Union 2 Union (3)Wildlife Union 3 Union (4)Wildlife Union 4 Union (5)Wildlife Union 5 Raster to Polygon Reptile Biodiversity Polygon Raster to Polygon (2) Amphibian Biodiversity Polygon Raster to Polygon (3) Bird Biodiversity Polygon Raster to Polygon (4) Mammal Biodiversity Polygon Raster to Polygon (5) Plant Biodiversity Polygon Raster to Polygon (6) Fish Biodiversity Polygon Add Field Wildlife Union 5 (2) Calculate Field Wildlife Union 5 (3) Native Fish Biodiversity Delete Field Wildlife Union 5 (4) 637 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 206206 Montana Riparian Framework Intersect (3)Riparian Intersect Study Area Buffer Riparian 300 ft Buffer Managed Areas Extract by Mask Female Grizzly Directed Extract Extract by Mask (2) Female Grizzly Undirected Extract Reclassify (8) Grizlly FGD Score Reclassify (9) Grizzly FGU Score Union Conserved Lands Union 1 Union (2)Conserved Lands Union 2 Intersect (8)Managed Areas Intersect Intersect (9) Conservation Easements Intersect (2) Intersect (10) Conservation Easements Intersect Add Field Riparian 300 ft Buffer (2) Calculate Field Riparian 300 ft Buffer (3) Add Field (2)Conserved Lands All (2) Calculate Field (2) Conserved Lands All (4) Union (3)Connect Union 1 Raster to Polygon Grizzly FGD Score Polygon Raster to Polygon (2) Grizzly FGU Score Polygon Alter Field Grizzly FGD Intersect (2) Alter Field (2) Grizzly FGU Intersect (2) Union (10)Connect Union 3 Union (11)Connect Results Calculate Field (9) Connect Results (3) Delete Field (2) Connect Union 3 (2) Add Field (9)Connect Results(2) Montana Wetland Framework Intersect (11) Wetland Intersect Buffer (2)Wetland 300 ft Buffer Add Field (10) Wetland 300 ft Buffer (2) Calculate Field (10) Wetland 300 ft Buffer (3) Union (12)Connect Union 0 Delete Field (3) Connectivity Results (4) Intersect (12) Grizzly FGD Intersect Intersect (13) Grizzly FGU Intersect Female Grizzly Directed Pathways Female Grizzly Undirected Pathways Dedicated Parks and Open Space Union (13) Protected and Managed Lands All Conservation Easements Gallatin County Conservation Easements Montana State Library Calculate Geometry Attributes Conservation Easements Acres Calculate Geometry Attributes (2) Managed Lands Acres Table To Excel Conservation Easements Table (1) Table To Excel (2) Managed Lands Table Wildlife Resource Value on Private Land Intersect Wildlife Resource Value Intersect Add Field (3) Wildlife Resources Value Intersect (2) Calculate Field (3) Wildlife Resources Value Intersect (3) Union (4)Connect Union 2 Connectivity Conservation Easement and Managed Land Indicator Calculations 638 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 207207 Montana Riparian FrameworkIntersect (3)Riparian Intersect Study Area BufferRiparian 300 ft Buffer Managed Areas Extract by Mask Female Grizzly Directed Extract Extract by Mask (2) Female Grizzly Undirected Extract Reclassify (8) Grizlly FGD Score Reclassify (9) Grizzly FGU Score Union Conserved Lands Union 1 Union (2)Conserved Lands Union 2 Intersect (8)Managed Areas Intersect Intersect (9) Conservation Easements Intersect (2) Intersect (10) Conservation Easements Intersect Add Field Riparian 300 ft Buffer (2) Calculate Field Riparian 300 ft Buffer (3) Add Field (2)Conserved Lands All (2) Calculate Field (2) Conserved Lands All (4) Union (3)Connect Union 1 Raster to Polygon Grizzly FGD Score Polygon Raster to Polygon (2) Grizzly FGU Score Polygon Alter Field Grizzly FGD Intersect (2) Alter Field (2) Grizzly FGU Intersect (2) Union (10)Connect Union 3 Union (11)Connect Results Calculate Field (9) Connect Results (3) Delete Field (2) Connect Union 3 (2) Add Field (9)Connect Results(2) Montana Wetland Framework Intersect (11) Wetland IntersectBuffer (2)Wetland 300 ft Buffer Add Field (10) Wetland 300 ft Buffer (2) Calculate Field (10) Wetland 300 ft Buffer (3) Union (12)Connect Union 0 Delete Field (3) Connectivity Results (4) Intersect (12) Grizzly FGD Intersect Intersect (13) Grizzly FGU Intersect Female Grizzly Directed Pathways Female Grizzly Undirected Pathways Dedicated Parks and Open Space Union (13) Protected and Managed Lands All Conservation Easements Gallatin County Conservation Easements Montana State Library Calculate Geometry Attributes Conservation Easements Acres Calculate Geometry Attributes (2) Managed Lands Acres Table To Excel Conservation Easements Table (1) Table To Excel (2) Managed Lands Table Wildlife Resource Value on Private LandIntersect Wildlife Resource Value Intersect Add Field (3) Wildlife Resources Value Intersect (2) Calculate Field (3) Wildlife Resources Value Intersect (3) Union (4)Connect Union 2 Generalized Connectivity Regions Generalized regions were created to supplement the connectivity model results. Regions were selected by overlaying the Development Constraints with the Wildlife and Biodiversity model results and highlighting large biodiversity hotspots. Regions with high biodiversity between those nodes were then highlighted as generalized connectivity regions. These regions are symbolized in the model as wide arrows with ambiguous borders to suggest regions that could be good candidates for preservation to increase connectivity between hotspot areas. 639 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 208208 Agricultural Heritage Intersect Prime Soils (Madison) Intersect Project Area Gallatin County Waterways Madison and Broadwater County NHD Flowline Intersect (3) Gallatin Ditches Intersect Intersect (4)Madison and Broadwater Ditches Intersect Select Layer By Attribute Waterways Select Ditches Count Select Layer By Attribute (2) NHD Select Ditches Count (2) Buffer Gallatin Ditches 200 ft Buffer Buffer (2) Madison and Broadwater Ditches 200 ft Buffer Prime Soils (Madison) Prime Soils (Gallatin County 1) Prime Soils (Broadwater County) PrimeSoils (Gallatin County 2) Extract by Mask Viewshed Extract Calculate Geometry Attributes (2) FLU Intersect (2) Select Layer By Attribute (3) FLU Agriculture Select Count (3) Intersect (5) FLU Intersect Union Agricultural Heritage Union 1 Calculate Field Prime Soils (Madison) Intersect (3) Calculate Field (2) FLU Agriculture Select (3) Calculate Field (4) Gallatin Ditches 200 ft Buffer (3) Calculate Field (5) Madison and Broadwater Ditches 200 ft Buffer (3) Calculate Field (6) Viewshed Polygon (3) Union (2) Agricultural Heritage Union 2 Union (3) Agricultural Heritage Union 3 Union (4) Agricultural Heritage Union 4 Calculate Field (7) Agricultural Heritage Union 4 (3) Raster to Polygon Viewshed Polygon Delete Field Agricultural Heritage Union 3 (2) Add Field Prime Soils (Madison) Intersect (2) Add Field (2) FLU Agriculture Select (2) Add Field (4) Gallatin Ditches 200 ft Buffer (2) Add Field (5) Madison and Broadwater Ditches 200 ft Buffer (2) Add Field (6)Viewshed Polygon (2) Viewshed (2 Miles)Int (2)Viewshed Integer Raster Add Field (7) Agricultural Heritage Union 4 (2) Revenue Final Land Unit (FLU) Classification Union (6)Prime Soils Union 1 Union (7)Prime Soils Union 2 Union (8)Prime Soils All Delete Field (2) Agricultural Heritage Results Intersect (2) Prime Soils (Gallatin 1) Intersect Add Field (3) Prime Soils (Gallatin 1) Intersect (2) Calculate Field (3) Prime Soils (Gallatin 1) Intersect (3) Intersect (6) Prime Soils (Broadwater) Intersect Add Field (8) Prime Soils (Broadwater) Intersect (2) Calculate Field (8) Prime Soils (Broadwater) Intersect (3) Intersect (7)Prime Soils (Gallatin 2) Intersect Add Field (9) Prime Soils (Gallatin 2) Intersect (2) Calculate Field (9) Prime Soils (Gallatin 2) Intersect (3) Table To Excel Ag Lands Acres Table Export Features DORFLU Select 640 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 209209 Intersect Prime Soils (Madison) Intersect Project Area Gallatin County Waterways Madison and Broadwater County NHD Flowline Intersect (3) Gallatin Ditches Intersect Intersect (4)Madison and Broadwater Ditches Intersect Select Layer By Attribute Waterways Select Ditches Count Select Layer By Attribute (2) NHD Select Ditches Count (2) Buffer Gallatin Ditches 200 ft Buffer Buffer (2) Madison and Broadwater Ditches 200 ft Buffer Prime Soils (Madison) Prime Soils (Gallatin County 1) Prime Soils (Broadwater County) PrimeSoils (Gallatin County 2) Extract by MaskViewshed Extract Calculate Geometry Attributes (2) FLU Intersect (2) Select Layer By Attribute (3) FLU Agriculture Select Count (3) Intersect (5) FLU Intersect Union Agricultural Heritage Union 1 Calculate Field Prime Soils (Madison) Intersect (3) Calculate Field (2) FLU Agriculture Select (3) Calculate Field (4) Gallatin Ditches 200 ft Buffer (3) Calculate Field (5) Madison and Broadwater Ditches 200 ft Buffer (3) Calculate Field (6) Viewshed Polygon (3) Union (2) Agricultural Heritage Union 2 Union (3) Agricultural Heritage Union 3 Union (4) Agricultural Heritage Union 4 Calculate Field (7) Agricultural Heritage Union 4 (3) Raster to Polygon Viewshed Polygon Delete Field Agricultural Heritage Union 3 (2) Add Field Prime Soils (Madison) Intersect (2) Add Field (2) FLU Agriculture Select (2) Add Field (4) Gallatin Ditches 200 ft Buffer (2) Add Field (5) Madison and Broadwater Ditches 200 ft Buffer (2) Add Field (6)Viewshed Polygon (2) Viewshed (2 Miles)Int (2)Viewshed Integer Raster Add Field (7) Agricultural Heritage Union 4 (2) Revenue Final Land Unit (FLU) Classification Union (6)Prime Soils Union 1 Union (7)Prime Soils Union 2 Union (8)Prime Soils All Delete Field (2) Agricultural Heritage Results Intersect (2) Prime Soils (Gallatin 1) Intersect Add Field (3) Prime Soils (Gallatin 1) Intersect (2) Calculate Field (3) Prime Soils (Gallatin 1) Intersect (3) Intersect (6) Prime Soils (Broadwater) Intersect Add Field (8) Prime Soils (Broadwater) Intersect (2) Calculate Field (8) Prime Soils (Broadwater) Intersect (3) Intersect (7)Prime Soils (Gallatin 2) Intersect Add Field (9) Prime Soils (Gallatin 2) Intersect (2) Calculate Field (9) Prime Soils (Gallatin 2) Intersect (3) Table To Excel Ag Lands Acres Table Export Features DORFLU Select Agricultural Land Indicator Calculations 641 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 210210 Water Quantity and Quality Flood Hazard Area Intersect Floodplain Intersect StudyArea ... Gallatin County Waterways Montana Riparian Framework Montana Wetland Framework Channel Migration Zone Intersect (2) Wetland Intersect Intersect (3)Riparian Intersect Intersect (4)CMZ Intersect Intersect (5)Gallatin County Streams Intersect Madison and Broadwater County NHD Flowline Intersect (6) Madison and Broadwater County Streams Intersect Stream Select Waterways Select Streams and Rivers Count (2) Select Layer By Attribute (3) NHD Select Streams and Rivers Count (4) Multiple Ring Buffer (2) Gallatin County Streams Multiple Buffer Multiple Ring Buffer (3) Madison and Broadwater County Streams Multiple Buffer Dissolve Water Buffer Union Dissolve Calculate Field Water Buffer Union All (2) Multiple Ring Buffer Water Multiple Buffer All Recharge Suitability Parcels Add Field Flood Intersect (2) Calculate Field (2) Flood Intersect (3) Union Water Union 1 Add Field (2)Wetland Intersect (2) Calculate Field (3) Wetland Intersect (3) Calculate Field (4) Riparian Intersect (3)Add Field (3)Riparian Intersect (2) Union (2)Water Union 2 Union (3)Water Union 3 Add Field (4)CMZ Intersect (2) Calculate Field (5) CMZ Intersect (3) Select Layer By Attribute Count Floodplain Select Select Layer By Attribute (2) Count (3) CMZ Select Add Field (5) Gallatin County Streams Multiple Buffer (2) Calculate Field (6) Gallatin County Streams Multiple Buffer (3) Calculate Field (7) Madison and Broadwater County Streams Multiple Buffer (3) Union (4) Water Union 4 Add Field (6) Madison and Broadwater County Streams Multiple Buffer (2) Add Field (7)Water Multiple Buffer All (2) Calculate Field (8)Water Multiple Buffer All (3) Union (5) Water Union 5 Union (6) Water Union 6 Add Field (8) Recharge Suitability Parcels (2) Calculate Field (9) Recharge Suitability Parcels (3)Union (7)Water Union 7 Delete Field Water Union 6 (2) Calculate Field (10) Water Union 8 (3) Union (8)Water Buffer Union 3 Union (9)Water Buffer Union 2Union (10)Water Buffer Union 1 Union (11)Water Buffer Union All Add Field (9)Water Union 8 (2) Climate Resilient Watersheds Intersect (7) Climate Resilient Watersheds Intersect Intersect (8) Streams in Climate Resilient Watersheds Union (12) Streams Buffer -All Counties Add Field (10) Streams in Climate Resilient Watersheds (2) Calculate Field (11) Streams in Climate Resilient Watersheds (3)Union (13) Water Union 8 Delete Field (2) Water Union 8 (4) 642 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 211211 Flood Hazard Area Intersect Floodplain Intersect StudyArea... Gallatin County Waterways Montana Riparian Framework Montana Wetland Framework Channel Migration Zone Intersect (2) Wetland Intersect Intersect (3)Riparian Intersect Intersect (4)CMZ Intersect Intersect (5)Gallatin County Streams Intersect Madison and Broadwater County NHD Flowline Intersect (6) Madison and Broadwater County Streams Intersect Stream Select Waterways Select Streams and Rivers Count (2) Select Layer By Attribute (3) NHD Select Streams and Rivers Count (4) Multiple Ring Buffer (2) Gallatin County Streams Multiple Buffer Multiple Ring Buffer (3) Madison and Broadwater County Streams Multiple Buffer Dissolve Water Buffer Union Dissolve Calculate Field Water Buffer Union All (2) Multiple Ring Buffer Water Multiple Buffer All Recharge Suitability Parcels Add Field Flood Intersect (2) Calculate Field (2) Flood Intersect (3) Union Water Union 1 Add Field (2)Wetland Intersect (2) Calculate Field (3) Wetland Intersect (3) Calculate Field (4) Riparian Intersect (3)Add Field (3)Riparian Intersect (2) Union (2)Water Union 2 Union (3)Water Union 3 Add Field (4)CMZ Intersect (2) Calculate Field (5) CMZ Intersect (3) Select Layer By Attribute Count Floodplain Select Select Layer By Attribute (2) Count (3) CMZ Select Add Field (5) Gallatin County Streams Multiple Buffer (2) Calculate Field (6) Gallatin County Streams Multiple Buffer (3) Calculate Field (7) Madison and Broadwater County Streams Multiple Buffer (3) Union (4) Water Union 4 Add Field (6) Madison and Broadwater County Streams Multiple Buffer (2) Add Field (7)Water Multiple Buffer All (2) Calculate Field (8)Water Multiple Buffer All (3) Union (5) Water Union 5 Union (6) Water Union 6 Add Field (8) Recharge Suitability Parcels (2) Calculate Field (9) Recharge Suitability Parcels (3)Union (7)Water Union 7 Delete Field Water Union 6 (2) Calculate Field (10) Water Union 8 (3) Union (8)Water Buffer Union 3 Union (9)Water Buffer Union 2Union (10)Water Buffer Union 1 Union (11)Water Buffer Union All Add Field (9)Water Union 8 (2) Climate Resilient Watersheds Intersect (7) Climate Resilient Watersheds Intersect Intersect (8) Streams in Climate Resilient Watersheds Union (12) Streams Buffer-All Counties Add Field (10) Streams in Climate Resilient Watersheds (2) Calculate Field (11) Streams in Climate Resilient Watersheds (3)Union (13) Water Union 8 Delete Field (2) Water Union 8 (4) 643 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 212212 Development Constraints Overlay GIS results for Development Constraints were combined into one single layer and were not given sensitivity scorings. Instead, this layer acts as an overlay indicating areas that are already protected from development to some degree. Flood Hazard Area Select Layer By Attribute Count Floodplain Select Project Area Intersect Floodplain Intersect Slopes Above 25%Intersect (2) Slopes Above 25% Intersect Intersect (3) Conservation Easements Intersect Intersect (4) Conservation Easements Intersect 2 Managed Areas Intersect (5) Managed Areas Intersect Union Constraints Union 1 Union (2)Constraints Union 2 Union (3)Constraints Union 3 Union (4)Constraints Union 4 Union (5)Constraints Union 5 Calculate Field Constraints Union All (2) Dissolve Development Constraints Results Conservation Easements Gallatin County Conservation Easements Montana State Library Dedicated Parks and Open Space Union (6)Constraints Union All 644 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 213213 Development Pressures Data The Development Pressures GIS exercise did not include any analysis aside from projecting data into the correct spatial reference, constraining the data to the study area, or converting raster data to a polygon when necessary. Major Subdivisions Minor Subdivisions Wildfire Prone Areas Study Area Human Disturbance Index Extract by Mask (2) Human Disturbance Index Extract Raster to Polygon (2) Human Disturbance Index Polygon Int Human Disturbance Index Integer Raster Intersect Wildfire Prone Areas Intersect Climate Resilient Watersheds Intersect (2) Climate Resilient Watersheds Intersect Union Major and Minor Subdivisions Intersect (3) Minor and Major Subdivisions in Study Area Pairwise Erase Subdivisions Outside City Limits Cities Calculate Geometry Attributes Subdivisions Outside City Limits (2) Table To Excel Subdivisions Outside City Limits (.xls or .xlsx) Count of Subdivisions Out- side City Limits Calculations 645 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 214214 Conservation Gap Analysis For the gap analysis, the results of each model were first dissolved along sensitivity score ratings. To calculate acreage of land with some protections under each individual theme, the results layer was then intersected with the Development Constraints overlay to represent existing protections. Then, acreage was calculated for lands with protections and for the overall acreage of each sensitivity score and a table exported to Excel. The top third of sensitivity scores were categorized as “more sensitive” and included in the analysis. Connectivity was excluded from the analysis since the model results do not represent actual connectivity corridors and the generalized connectivity regions do not indicate specific locations. Calculate Geometry Attributes Ag Protected (Gap Analysis) (2) Intersect Ag Protected (Gap Analysis) Table To Excel Ag Protected (Gap Analysis) Table Calculate Geometry Attributes (2) Connectivity Protected (Gap Analysis) (2) Intersect (2) Connectivity Protected (Gap Analysis) Table To Excel (2) Connectivity Protected (Gap Analysis) Table Calculate Geometry Attributes (3) Water Protected (Gap Analysis) (2) Table To Excel (3) Water Protected (Gap Analysis) Table Calculate Geometry Attributes (4) Wildlife Protected (Gap Analysis) (2) Intersect (4) Wildlife Protected (Gap Analysis) Table To Excel (4) Wildlife Protected (Gap Analysis) Table Development Constraints Dissolved Agricultural Heritage Results Calculate Geometry Attributes (5) Ag All Acres Table To Excel (5) Ag All Acres Table Connectivity Results Calculate Geometry Attributes (6) Connect All Acres Table To Excel (6) Connectivity All Acres Table Water Quality and Quantity Calculate Geometry Attributes (7) Water All Acres Table To Excel (7) Water All Acres Table Wildlife and Biodiversity Results Calculate Geometry Attributes (8) Wildlife All Acres Table To Excel (8) Wildlife All Acres Table Dissolve Ag Scores Dissolved Dissolve (2)Connectivity Scores Dissolved Dissolve (4) Wildlife Scores Dissolved Protected and Managed Lands All Intersect (3) Ag Protected (Indicator) Calculate Geometry Attributes (9) Ag Protected (Indicator) (4) Table To Excel (9) Ag Protected Table (Indicator) (2) Intersect (5) Connectivity Protected (Indicator) (3) Calculate Geometry Attributes ... Connectivity Protected (Indicator) (4) Table To Excel (10) Connectivity Protected Table (Indicator) (2) Calculate Geometry Attributes ... Water Protected (Indicator) (3)Table To Excel (11) Water Protected Table (Indicator) (2) Intersect (6) Wildlife Protected (Indicator) (3) Calculate Geometry Attributes ... Wildlife Protected (Indicator) (4) Table To Excel (12) Wildlife Protected Table (Indicator) (2) Pairwise Intersect Water Protected (Gap Analysis) Pairwise Intersect (2) Water Protected (Indicator) Dissolve (3) Water Scores Dissolved High Priority Areas Conserved by Theme - Indicator Calculations High Priority Areas Conserved by Theme - Indicator Calculations High Priority Areas Conserved by Theme - Indicator Calculations High Priority Areas Conserved by Theme - Indicator Calculations 646 APPENDICES GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN 215215 Calculate Geometry Attributes Ag Protected (Gap Analysis) (2) Intersect Ag Protected (Gap Analysis) Table To Excel Ag Protected (Gap Analysis) Table Calculate Geometry Attributes (2) Connectivity Protected (Gap Analysis) (2) Intersect (2) Connectivity Protected (Gap Analysis) Table To Excel (2) Connectivity Protected (Gap Analysis) Table Calculate Geometry Attributes (3) Water Protected (Gap Analysis) (2) Table To Excel (3) Water Protected (Gap Analysis) Table Calculate Geometry Attributes (4) Wildlife Protected (Gap Analysis) (2) Intersect (4) Wildlife Protected (Gap Analysis) Table To Excel (4) Wildlife Protected (Gap Analysis) Table Development Constraints Dissolved Agricultural Heritage Results Calculate Geometry Attributes (5) Ag All Acres Table To Excel (5) Ag All Acres Table Connectivity Results Calculate Geometry Attributes (6) Connect All Acres Table To Excel (6) Connectivity All Acres Table Water Quality and Quantity Calculate Geometry Attributes (7) Water All Acres Table To Excel (7) Water All Acres Table Wildlife and Biodiversity Results Calculate Geometry Attributes (8) Wildlife All Acres Table To Excel (8) Wildlife All Acres Table DissolveAg Scores Dissolved Dissolve (2)Connectivity Scores Dissolved Dissolve (4) Wildlife Scores Dissolved Protected and Managed Lands All Intersect (3) Ag Protected (Indicator) Calculate Geometry Attributes (9) Ag Protected (Indicator) (4) Table To Excel (9) Ag Protected Table (Indicator) (2) Intersect (5) Connectivity Protected (Indicator) (3) Calculate Geometry Attributes ... Connectivity Protected (Indicator) (4) Table To Excel (10) Connectivity Protected Table (Indicator) (2) Calculate Geometry Attributes ... Water Protected (Indicator) (3)Table To Excel (11) Water Protected Table (Indicator) (2) Intersect (6) Wildlife Protected (Indicator) (3) Calculate Geometry Attributes ... Wildlife Protected (Indicator) (4) Table To Excel (12) Wildlife Protected Table (Indicator) (2) Pairwise Intersect Water Protected (Gap Analysis) Pairwise Intersect (2) Water Protected (Indicator) Dissolve (3) Water Scores Dissolved 647 Chapter 1 648 User name Comment Bubble  location  number Page Comment Response Bridgar When I look at something like the Bozeman valley and I see the absolute ferocity of the speed they are building is  unreal. Every year Bozeman gets much larger. It seem in only a few years Bozeman will manage to build buildings  mountain to mountain filling up the valley into a metropolis mega city. Lots of areas throughout Montana will likely  see the expanding of more densely populated areas and commercial buildings.  This will take up what little wilderness  their is left because eventually wilderness areas will be wanted for more space for private homes. People and the  livestock we consume have already dominated this planet. The 4% of wildlife that remains is on the decline as human  population keeps expanding and the demand for resources grows. This is why it’s important to protect true wilderness  and wildlife as the future will put even more pressure on the 4% of remaining wildlife. Every one talks about managing  the the little bit of wilderness we have left for the benefit of people or managing wildlife for the benefit of people but  managed forests aren’t true wilderness. The wilderness, plants, and animals were at peak heathy conditions before  European settlement. Which means every problem with the declining wildlife and wilderness is 100% caused by  people since their were no problems before Europeans settled in America which means if we want to help wildlife and  wilderness we have to mange people and not manage wilderness and wildlife. People have officially dominated the  world so let’s protect the little bit of wilderness we have left. #001 1 Agree. Comment noted. No change Bruce Smith Conservation means saving something for the future, from a purely anthropogenic perspective, that means for future  generations of us to enjoy. Few of our residents moved to Gallatin County to view open space converted to blacktop  and buildings or to fight traffic on arteries designed for far fewer vehicles than use them today, to witness the carnage  of wildlife on roadways. Open space offers spiritually enriching viewsheds of nature including the opportunity to  experience wildlife in its full diversity and abundance. The surveys taken to produce this Sensitive Lands planning  document verify that wildlife, habitat connectivity, free‐flowing, healthy streams, and other natural features outrank  more congestion, human density, and the diminishment of private lands' contribution to functioning ecosystems. I  support the goals of setting remaining private lands aside that are not already so developed and fragmented that  they've lost value to contribute to conservation of nature. #002 1 Agree. Comment noted. No change Noreen Breeding I disagree that state trust lands near Mt. Ellis are most likely protected for the foreseeable future.  DNRC is under  pressure to produce income for the Trust and have recently proposed  Ɵmber sales for the area (Bear Canyon Unit). These 10 sections should be included in the sensitive lands project as they are especially good habitat and refuge for  wildlife. #003 3 Review with GIS and Jon. State lands aren't included in the managed  areas. Text added to partners in the implementation section Regarding  Trust Land Management, DNRC manages its properties for the highest  and best use while protecting the long‐term income generating capacity  of these lands.   DNRC works with the City of Bozeman and Gallatin County to restore  forest health, reduce wildfire risk, and provide wildfire protection  services.  The Study Area contains 41,698 acres of State Trust Lands  surface acreage (35,127 acres of classified agriculture/grazing and 5,776  acres of classified forest), and 73,954 acres of subsurface mineral rights.   In addition to the Trust Lands, 51,216 acres of Montana Forest Action Plan  priority areas have been identified of which 22,823 acres considered in  poor forest health and / or elevated fire risk.   Jerry DiMarco Why is there a difference between the themes on the previous page which did not mention "cultural heritage", and  this page which lists a "cultural heritage" goal?  #006 3 Change made to make goals consistency Jerry DiMarco It should be made clear that ecological health is a part of the Wildlife & Biodiversity theme.#005 3 No Change Jerry DiMarco The Executive Summary summarized only the process.  An overview of the Solutions should have been included here  too. #004 3 Identifies the type of solutions Noreen Breeding It is obvious that a ton of excellent work and experƟse has gone into producing this study document.  THANK YOU for the effort and for involving the public. 7 5 Thank you no change Jerry DiMarco   The phrase "greater balance" is a confusing term.  What exactly does it mean?  It gives the impression that this  process will only be an improvement on the status quo, and that we won't quite be there when we're done.   The word "balance" is also troubling because how do you achieve a balance between a finite resource and a growing  population?  We need something more permanent than a balance.  We must have permanent protections for all the  identified resources.  Hard lines must be drawn in order to ensure their survival into the future.  There is a limit to how  much development can occur in the study area, because there is a limit to how many people this area can sustainably  support. #008 8 Changed to This Sensitive Lands Protection Plan provides a road map to  how we can manage growth while conserving finite natural resources in  the Gallatin Valley.  Gallatin Valley Sensitive Lands Protection Plan - Public Draft Plan Online Comments 649 Crystal Turner Belgrade is a Class I "city" not town.9 11 Change made in main document. Survey appendix not updated Crystal Turner Three Forks is a Class III "city" not town.  (revision suggested throughout the entire document) 10 11 Change made in main document. Survey appendix not updated Jerry DiMarco The Themes should include all of the critical lands identified in the 1997 Critical Lands Study.  In addition, mountains  and foothills should be included for their inherent value.  It should be clear that ranches, range land and soils are  included in the agricultural theme. #011 13 Added mountains and foothills to connectivity. Added ranches in ag.  Additional details is in included in chapter 3 Jerry DiMarco It should be noted that groundwater recharge occurs at the expense of groundwater elsewhere.  It may not ever fully  recharge an aquifer.  It should not be considered as a solution for the aquifer dewatering problem. #012 13 Not the appropriate place to dive into the details SiteAdmin Clarify data is only from County permits 16 15 Footnote added: Source: Gallatin County. Note this map only includes  data tracked by Gallatin County and does not depict new structures within  city limits. Crystal Turner WOW 15 15 No Change Jerry DiMarco The sentence about balancing recreation, conservation, development, etc. as the community grows, is troubling  because it suggests the balance will change as the community grows.  A definitive statement must be made about the  seriousness of the goals of this plan.  Is this just another 10 year plan, or are we setting the course for a sustainable  future?  I repeat, we cannot balance a finite resource with a growing population. #013 15 Comment noted. No change Jerry DiMarco It looks like you meant to write, "prevent the extinction of species". #014 15 change made 650 SiteAdmin Clarify in study area?17 17 Gallatin County is 142,431 and the study area is 164,407 with 104,521 of  those acres coming from Gallatin County and the rest of the acres are  from the very large conservation easements in Madison County. Jerry DiMarco It seems more than a little unfair that only homeowners were surveyed.  This area has a higher percentage of renters,  and therefore a significant portion of residents were excluded from the survey.  I don't know how that might have  affected the results, but this casts a cloud over this non‐inclusive survey. #020 19 Comment noted. No change. Focused on County residents which is mainly  owner occupied. Jerry DiMarco There was partial overlap in some of the 12 choices in this survey question.  There were probably other choices that  could have been included.  A Comment field should have been included. #018 19 Comment noted. No change Jerry DiMarco It seems inappropriate to list agricultural lands and historic, et al sites with natural resources. #019 19 Comment noted. No change. Additional questions dove into the specifics  of each Steve White Pretty disappointing to see that though the focus of this study seemed to be related to ag heritage, only 16% of  Bozeman residents declared that as a priority. Ag producers in the county are very protective of their water rights, and  take pride in their care of their land. It seems that many who have moved here are not as supportive of ag, as those  who have lived here for many years. A cautious note, the outcome of this study should be no different than the county  growth policy: Guiding document, and not a regulatory document.  23 20 Comment noted. No change Crystal Turner Funny this is flip‐flopped from the previous paragraph. 21 20 No Change Crystal Turner No public engagement meetings have been held in Manhattan or Three Forks ‐ so I don't think you would have much  input.  Our residents do follow our FB page, but unless there are newspaper articles, printed surveys for the elderly  community, etc., we have a hard time getting feedback from Three Forks residents on these types of plans. 22 20 Survey was distributed via hardcopy. Results represent a unincorporated  three forks and Manhattan. No change Jerry DiMarco There are several typos, such as "caving" in this paragraph, and a few long sentences that must be deciphered to  understand.  Time does not permit noting them all. #024 20 Changes made 651 Jerry DiMarco Why doesn't this list have "Native Plant Biodiversity"? #025 27 Native plants are included in plant biodiversity layer. Jerry DiMarco The mountain ranges are at a high risk of development too, which is probably a greater concern.  Exhibit A is Big Sky. #026 27 Comment noted. No change Jerry DiMarco The importance of public lands for wildlife connectivity should be emphasized more. #027 28 Change made Steve White One important thing to address is regarding 'sensitive lands' and the protection of them, it is really related to the new  annexations by Bozeman (and a bit by Belgrade). Cities are able to annex lands at the request of the land  owners/developers WITHOUT county approval. Thus, as the city has grown, it is their decisions (per MCA) that have  shrunk the county's rural open land area (ie ag), and added more developed area (ie population) to our county.  Realizing that Gallatin County is already about 50% state/fed land, and the cities are annexing rural land, the land area  under county zoning and growth policy is shrinking annually. The bottomline is that Bozeman is eating up the sensitive  land quickly with the growth. 29 29 Sentiment is addressed in the why this plan is needed? No change Jerry DiMarco We should try harder to get private range land and public grazing allotments into the models before the plan is  implemented. #028 29 Private range land is included. Public grazing allotments, while not  specifically identified, would be included in the public lands. Crystal Turner What about the Jefferson River being included in this?  There are several county lands west and south of Three Forks  which produce grains and seed, as well as raise cattle that are all mapped in the Jefferson River floodplain. 31 30 Added Jefferson Lilly McLane Expand to pertain to water quality and quantity: "This theme does not include data that directly represents water  quality and quantity. Water quality and quantity are accounted for...natural water treatment and water storage..." #030 30 Change made Jerry DiMarco What exactly would be protected in fire prone areas?  This is a controversial topic, mostly because not everyone is  looking at the whole picture. #035 31 Comment noted. No change 652 Jerry DiMarco Is it just outside of Bozeman, or does it include other incorporated areas in the county?  This sentence should be more  specific. #033 31 True. Changed to incorporated areas Jerry DiMarco It may help to get peoples' attention if you add that increases in the costs of services means higher taxes.  Urban  sprawl costs us all.  Air pollution is also increased. #032 31 Changes made Jerry DiMarco Is the disturbance index near waterways caused by development,  recreation, other? #036 31 yes Jerry DiMarco This box belongs in Solutions.#034 31 no change at this time Jerry DiMarco The maps on the following pages need expanded legends to explain all the colored objects on the map. Some of the colors on the map do not match their respecƟve colors in the Legend. Some colors are too faint. #037 32 no change at this time Jerry DiMarco Are these the only constraints?  What about wetlands? #038 34 no change at this time SWMBIA The Southwest Montana Building Industry Association (SWMBIA) has conducted a comprehensive review of the  Gallatin Valley Sensitive Lands Plan. While we acknowledge the noble intention behind safeguarding the valley's  invaluable resources, we harbor significant concerns regarding the plan's execution and its potential ramifications on  our local community. We firmly assert that any implementation of this plan should only proceed after a thorough  examination of its potential impacts. One pressing concern pertains to the plan's influence on housing affordability within the valley. We seek clarification  on whether any studies have been conducted to assess the amplified costs associated with heightened regulatory  measures. Regrettably, in our review of the plan, we encountered a conspicuous absence of documented impacts,  studies, or quantitative analyses regarding housing affordability. We earnestly urge both the responsible group and  any governing body contemplating its enactment to conduct a comprehensive evaluation of housing affordability in  light of the proposed regulations. We must pose the question: Is the present moment conducive to imposing further  obstacles in the construction process, especially in the face of the ongoing housing and affordability crisis? Another aspect that warrants scrutiny is the modality of implementation across various agencies and the timeline for  regulatory adjustments. We staunchly advocate for collaboration between governing bodies and organizations such as  ours, as well as stakeholders within the building community, to facilitate the adoption of the plan and any subsequent  regulations. Our investigation revealed a marked absence of outreach to developers, builders, building associations,  and other pertinent stakeholders who will undoubtedly be significantly impacted by this plan and its future regulatory  framework. We earnestly implore governing agencies to consider engaging with groups like ours to thoroughly  examine the implications of development and housing. While we firmly acknowledge the paramount importance of preserving the valley's natural resources and lands, we  must not lose sight of the pressing housing crisis we currently face. Addressing this crisis necessitates a considerable  surge in future construction to support the valley's burgeoning growth. We respectfully request that our comments be  given due consideration in the context of housing affordability. SWMBIA remains steadfast in its commitment to both environmental stewardship and the welfare of our community,  striving to strike a balance that ensures the sustainable growth of the valley while maintaining the affordability of  housing.  Responses/Talking Points: No change to the document. The plan addresses that housing affordability is  another community goal and balance is needed. Additional public outreach and analysis should and will be done prior  to implementation of any recommendation. Areas that are sensitive lands are often not as suitable for housing either  #039 35 Comment noted. No change 653 Jerry DiMarco Are there no mitigation measures for wildfire?  Note, I am not necessarily advocating for them. #041 36 Added Jerry DiMarco Shouldn't these objectives align with the Project Goals on pg v? #040 36 Project goals vs implementation goals are different. No change Paulette Epple In the absence of zoning, Gallatin County (and all participating jurisdictions) should use their subdivision review  authority to the maximum extent possible to implement the recommendations and policies contained in this Critical  Lands Study.  Where "model" subdivision regulations are currently inadequate to do so, they should be amended  immediately.  There is enough language in existing growth policies to make a regulatory, effective case for protecting  sensitive lands through the subdivision review process.    #042 38 Comment noted. No change Paulette Epple Certainly, the best way to protect sensitive lands throughout the study area would be through county‐wide zoning.   However, that is unlikely to happen in the near future (barring a miracle...).  More realistically, implementation of  many of the recommendations identified in this Sensitive Lands Study could be accomplished through relatively minor  amendments to existing subdivision regulations.   These should be pursued immediately.   #043 38 Comment noted. No change Paulette Epple Spatial aspects of this Sensitive Land Study should be incorporated directly into the Growth Policy / Land Use elements  of all participating local jurisdictions, including Gallatin County.  Recommendations and priorities of this Study could  then be used as the basis for subdivision and (if feasible) zoning reforms to protect sensitive lands. #045 39 Comment noted. No change Susan Bilo There is a common misconception that all growth is good.  While we do have some renewable resources available to  us, most of the natural resources required for growth are finite.   Example: water.  We know that if Bozeman continues  to grow at its current rate and its citizens continue to use water at the same rate, we will not have enough water for  contined growth in the very near future.   Plan future growth with this in mind.  Plan where the growth that can take  place will take place away from recognized sensitive areas.        #044 39 Comment noted. No change Ashley Martens Increase incentives for CEs, especially along waterways and migration corridors.  Consider a county fund for CE  compensation, restoration, and enhancement. 46 40 Noted. No change. County does fund Ces Ashley Martens Support conservation and restoration of waterways for protection of clean water resources for humans and wildlife.   Coordinate with local watershed groups to monitor, restore, and enhance. 49 40 change made  654 Jerry DiMarco   So land owners are compensated for giving up the right to spend more money to fortify their land.  Sounds like a  really good deal for them.  How do you tell if they're faking like they're going to install riprap, to get some free money  from the government?  How small of a waterway qualifies?   Let's wait until rivers and streams get the right to meander.  In the meantime we should charge them to clean up the  waterway and repair the damage caused by their riprap after a flood. #047 40 Comment noted. No change Jerry DiMarco Also, what happens if a land owner gains land? #048 40 Comment noted. No change Paulette Epple This program is proving to be very effective in protecting agricultural lands, open space and wildlife habitat.  It should  be continued into the future as one more good tool protecting our sensitive lands. #050 41 Comment noted. No change Paulette Epple PUDs and PDZs should never be allowed to negatively impact sensitive lands.  Regulations should be modified to  ensure that this never occurs. #051 43 Comment noted. No change Lilly McLane We recommend maintaining water ‐ quality and quantity ‐  as a unifying theme throughout the plan, rather than a  unique category of tools, and to bound the scope of the plan to protect lands which provide natural water treatment  and storage ‐ such as floodplains, wetlands, riparian areas, irrigation ditches, and areas with high aquifer recharge  potential. Therefore, we recommend removing the category in the list of recommendations titled 1.5 Water Quality,  and distributing the sub‐tools to other categories: move 1.5.1. under 1.4; move 1.5.2. and 1.5.3. under 1.3. Trying to  holistically address water quality and quantity with this plan, while admirable, is overwhelming. The Gallatin  Watershed Council is currently updating The Lower Gallatin Watershed Restoration Plan (LGWRP), a nationally  recognized model to guide collaborative and strategic investment in watershed health. If there is still a desire to  holistically consider water quality and quantity with the Sensitive Lands Plan, we recommend renaming 1.5 Water  Quality to include quantity and adding several additional tools from the LGWRP.  #052 46 Moved Lilly McLane We recommend expanding the scope of "1.6. Transportation Planning", and renaming it "1.6. Regional Infrastructure  Planning" to be inclusive of transportation, water supply, and wastewater planning. This aligns with a recent  recommendation from the Urban Land Institute Advisory Panel (ULI), who identified regional infrastructure planning  as a priority tool to coral sprawl, essentially saying that “if you build it they will come”: where there are public utilities,  there will be development. Bozeman has essentially reached its limit for water supply and water treatment, and a  cooperative approach with our neighbors in Belgrade, Manhattan, and Four Corners will likely be necessary in order to  annex additional land, extend services, and ensure intentional growth patterns. #053 47 Change made Noreen Breeding Noise impacts and air pollution are important factors that have been omitted. The frequency and level of noise around  Bozeman has increased significantly in the past 20 years. Noise impacts humans and wildlife. It is coming from aircraft,  construction, MSU stadium, building ventilation systems, traffic, etc. Machines that are loud generally are also  polluƟng, especially causing air polluƟon that is not healthy for anything living. I cannot hear birds singing and they cannot hear each other. The air pollution in winter in Gallatin Valley can been  seen, tasted, and smelled. The impacts of both of these factors can be mitigated by careful planning and regulation. 54 48 Added to page 17 Chere LeClair Light pollution has significant impact on many species including birds and insects.  Living in a rural part of the county,  the impacts of a few, very bright night lights are highly apparent/visible.  I would like to see dark sky regulations also  applied to current residences/properties.  #055 48 comment noted. No change 655 Lou Ann Harris Noreen, I would add Interstate 90 specifically for traffic noise. I live a mile away from I‐90, and the noise level has  really increased in the past few years. I also live near the commercial flight path for the Bozeman airport. The number  of daily flights (both arrivals and departures) averages over 40 per day. Then add in the additional noise of LifeFlight  helicoptors, private jets, etc. It certainly detracts from what most of us live here for. #054 48 comment noted. No change Paulette Epple The preservation of native plants and especially mature trees is critical in supporting wildlife, birds, and pollinators.   Mature native cottonwoods and quaking aspen provide ecosystem services that cannot be duplicated by planting new  boulevard trees and young landscapes. Regulations should indeed require the preservation of native plants and  mature trees to the greatest extent possible. #056 50 added mature trees Paulette Epple We have a responsibility to support biodiversity through the planting of a high percentage of native plants in our  cities, parks, and home landscapes.  Drought tolerant European and Asian exotic plants are commonly used in  landscaping but they are often sterile additions to landscapes since many are not palatable to local insects and thus do  not support bird or pollinator populations.  Much can be done to educate homeowners, developers, and landscape  designers about the need to plant natives.  A certain percentage of native plants can encouraged or even required or  incentivized. #057 50 added habitat for birds and pollinator species, Chere LeClair Having strong noxious weed mitigation programs are essential for the maintenance of wild lands/wildlife habitat, not  just for new development. Gallatin County seems behind in these efforts and as becomes apparent on public hiking  trails and simply driving around the county.  This seems like low hanging fruit and could  be great way to educate 'new  to the state landowners' about this important tool for helping wildlife habitat and the important role they can play in  these efforts.  Madison Valley Ranchlands Group has a fantastic model.  #058 50 Noxious weed mitigation programs should encourage weed reduction  measures for new developments, as well as mitigation in existing areas  where noxious weeds may be transplanted.  Lou Ann Harris Absolutely, the city/county needs to preserve mature native trees such as cottonwoods and aspen.  #056 50 Comment noted. No change NOREEN A BREEDING So far in 2023, at least 10 black bears were killed for eating garbage in Bozeman. Residents must be educated on how  to keep their garbage inside until collection day. This is a simple, effective habit. I do it and so do my neighbors in our  rural subdivision and we have had no problems with bears in garbage for the past 20 years. One way to educate  citizens is by inserts in their utility bills. 59 51 Comment noted. No change Susan Bilo Bozeman/Gallatin County needs to automatically and systematically (starting with rural and current problem areas)   replace all trash containers (residential and commercial) to bear‐resistant trash containers.   Most citizens will not  proactively replace them even with educational efforts.   Neighbors in my my HOA leave trash cans out all the time.   And those that normally keep them in their garage, set them out the night before pick‐up. #061 51 Comment noted. No change Lou Ann Harris I agree with Susan's comments regarding bear‐resistant trash containers. It will never work to make the transition to  these containers voluntary. In my subdivision, my neighbors continue to put their cans out the night before, even after  our HOA has repeatedly notified homeowners about bears being around. As a result, FWP trapped at least two bears  this summer and euthanized them. That is not fair to our wildlife. #061 51 Comment noted. No change Lou Ann Harris Education is needed on how to manage bird feeders where there are bears. FWP suggests not feeding birds from April  1st ‐ Nov. 1st. There are other helpful suggestions available, including hanging feeders out of reach (12+ feet) on a  metal pole (example: Story Mill Park bird feeding station), and bringing feeders in each evening. This is a new project  of the Sacajawea Audubon Society Conservation Committee. We will be putting informational materials together to  help inform the public. This information could be shared with the City. #060 51 Added 656 Lou Ann Harris It's well documented that the presence of dogs (leashed or off‐leash) make a huge negative impact on our local  wildlife. hƩps://mountainjournal.org/we‐love‐dogs‐but‐they‐are‐wreaking‐havoc‐on‐wildlife. In future planning and creation of natural areas within the county, there needs to be more consideration of "dog‐free  zones". Currently, there are only 3 dog‐free areas in Bozeman (Story Mill Nature Preserve, Glen Lake and Bozeman  Cemetery), and of those three, of which I frequent on a regular basis, there is an almost daily presence of dogs.  #062 52 comment noted. No change Lou Ann Harris Here is a link to "A Landowners Guide to Wildlife Friendly Fencing" from Montana Fish Wildlife & Parks:   https://fwp.mt.gov/binaries/content/assets/fwp/conservation/land‐owner‐wildlife‐ resources/a_landowners_guide_to_wildlife_friendly_fences.pdf #064 53 Added Lou Ann Harris All new developments in Bozeman and Gallatin County should be required to use wildlife friendly fencing. #063 53 comment noted. No change Noreen Breeding This is a particularly important mechanism that should be given high priority. 66 54 Moved to Tier 1 Lilly McLane We recommend prioritizing wetland mitigation banking as a Tier 1 tool, due to the significant loss of federal wetland  protection precipitated by the Supreme Court ruling in the EPA vs. Sackett case. Since we started the Sensitive Lands  Plan process, this tool became more critical because the definition of “waters of the US” ‐ those water bodies that fall  under the jurisdiction of the US Army Corps of Engineers ‐ changed to where many of the wetlands within the study  area are no longer protected. Prioritizing this tool aligns with the City of Bozeman’s current push to update the  wetland code and figure out how they are going to step up to the plate and take control of how we impact wetlands  and maintain their ecosystem services here in the Lower Gallatin Watershed ‐ where we need them to be. Significant  resources will be allocated to this effort for the remainder of 2023, and likely the whole of 2024 and beyond, so  shifting the wetland mitigation tool's position in the plan will reflect this reality.  #065 54 Moved to Tier 1 Jerry DiMarco Wetland banking is another service that should be kept local, preferably in the same drainage, so the benefits afforded  by wetlands are not completely lost to the impacted area.  What other sensitive lands are we going to ask to move? #067 54 comment noted. No change SiteAdmin Delete h 69 58 Change made Jerry DiMarco    UlƟmately, there are 2 quesƟons that must be answered before we can determine whether this plan has any value. 1) Will this plan actually stop development in sensiƟve areas? 2) Will this plan maintain the "balance" that is defined by the process, or will the protecƟons erode as we grow? This is how we can determine whether the plan will be successful, or if it is just another baby step.    What we really needed long ago, is a comprehensive land use plan like they have in Oregon.  Since that requires  legislation at the state level which is not likely under the present circumstances, we should try to duplicate it at the  local level as best we can.  If you're not familiar with Oregon's land use plan, go to friends.org and read all about it.   Then dare to dream. #068 58 comment noted. No change 657 Lou Ann Harris Remove "the" before Wildlife #070 66 Change made corwin coughlin what impact is there on hunting opportunites . 71 79 hunting was included in the survey. Actions around improving or limiting  hunting was not the focus. No change 658 From:Jon Henderson To:Agenda Subject:FW: [EXTERNAL]Gallatin Valley Sensitive Lands Hub Site Inquiry Date:Wednesday, October 25, 2023 3:21:04 PM FYI - forwarding the following comment for the public record (see below). Jon Henderson | Strategic Services Director City of Bozeman 406-582-2250 jon.henderson@bozeman.net -----Original Message----- From: Campbell, Bruce D. (Perkins Coie) <BCampbell@perkinscoie.com> Sent: Saturday, October 21, 2023 9:25 AM To: Jon Henderson <Jon.Henderson@BOZEMAN.NET> Subject: [EXTERNAL]Gallatin Valley Sensitive Lands Hub Site Inquiry CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I fully support the imposition of zoning and all types of restrictions on the continued commercial development of Gallatin Valley. The Valley has become an industrial corridor that mostly provides services and housing for the benefit of enterprises in Madison County, Big Sky, and the Yellowstone Club. I-191 has become a traffic mess. The animals have no place to safely cross this highway or congregate. Those of us who reside in Gallatin Valley confront an increasing amount of noise, dust, and traffic risks due to the lack of zoning in our area. Please act decisively and quickly before it’s too late. Bruce Campbell 170 S. Whistleberry Bozeman, MT. 59718 ________________________________ NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. 659 From:Jon Henderson To:Agenda Subject:FW: [EXTERNAL]Comments on Sensitive Land Project Date:Wednesday, October 25, 2023 3:21:20 PM FYI - forwarding the following comment for the public record (see below). Jon Henderson | Strategic Services Director City of Bozeman 406-582-2250 jon.henderson@bozeman.net From: Robert Sisson <robsisson@yahoo.com> Sent: Wednesday, October 25, 2023 12:32 PM To: Jon Henderson <Jon.Henderson@BOZEMAN.NET> Subject: [EXTERNAL]Comments on Sensitive Land Project CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Jon- Attached, please find a screen capture from the September 2023 Center for Large Landscape Conservation study regarding wildlife in the US-191 Corridor. As this picture clearly displays, the Black farm (site of the proposed TMC gravel pit) is the most critical elk habitat in the corridor, and the only place left from Gallatin Gateway to the Gallatin Canyon where a wildlife crossing could be built. Areas further south (on the east side of 191) have either been commercially developed or subdivided for development. The Black farm, connects the Flying D conservation easement with agriculture land and easements on the east side of 191 (southeast corner of 191 and Cottonwood) and provide elk and mule deer a path way into the Gallatin foothills. At this date, there is no more sensitive land than the Black farm. Blacks have been offered more money than they will earn from the gravel lease for a conservation easement, and much more than the market value for an outright purchase. If our county leaders and NGO's fail to protect this last piece of the wildlife puzzle, we might as well pave over the entire county. Those advocating for a sensitive lands plan will certainly lose my support if they don't recognize the importance of the Black land and step up today. Rob Sisson 660 661 From:Jon Henderson To:Agenda Subject:FW: [EXTERNAL]Draft Sensitive Lands Plan Date:Tuesday, November 7, 2023 10:30:02 AM Attachments:Draft Sensitive Lands Plan Comment 11_4_2023.pdf Gallatin Water Collaborative Goals and Actions.pdf FYI – submitting the following/attached comment, for the public record: Jon Henderson | Strategic Services Director City of Bozeman 406-582-2250 jon.henderson@bozeman.net From: Lilly McLane <lilly@gallatinwatershedcouncil.org> Sent: Sunday, November 5, 2023 5:39 PM To: Jon Henderson <Jon.Henderson@BOZEMAN.NET>; Jeff Mihelich <jmihelich@BOZEMAN.NET>; Kristina Kachur <kkachur@logansimpson.com> Cc: April Craighead <april@craigheadinstitute.org>; Bonnie Rice <bonnie.rice@sierraclub.org>; Chet Work <chet@gvlt.org>; Clint Nagel <clint_nagel@yahoo.com>; Corey Lewellen <corey.lewellen@usda.gov>; Hannah Rasker <Hannah@y2y.net>; jennifer.boyer@gallatin.mt.gov; jim.doar@gallatin.mt.gov; John Edwards <jedwards@anchorqea.com>; Lou Ann Harris <montlou311@gmail.com>; Marina Yoshioka <MYoshioka@mt.gov>; Mark Hufstetler <pitamakan@mac.com>; Mary Erickson <mary.erickson@usda.gov>; Neil Cardwell <ncardwell@cityofbelgrade.net>; Wendy Weaver <wweaver@freshwaterpartners.org>; Zack Strong <zack@awionline.org>; Holly Hill <holly@gallatinwatershedcouncil.org> Subject: [EXTERNAL]Draft Sensitive Lands Plan CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Jon, Jeff, and Kristina, Thank you for your effort to collect and incorporate feedback on the draft Sensitive Lands Plan. Holly and I added comment bubbles through the online interface, and have also listed our recommendations in the attached document. Thanks again, Lilly -- Lilly McLane, Watershed Restoration Director Gallatin Watershed Council http://gallatinwatershedcouncil.org Cell: 410.371.8221 662 663 664 665 666 667 From:Jon Henderson To:Agenda Subject:FW: [EXTERNAL]SWMBIA - GVSLPP Comments Date:Tuesday, November 7, 2023 10:29:35 AM Attachments:GVSLP - Google Docs.pdf FYI – submitting the following/attached comment, for the public record: Jon Henderson | Strategic Services Director City of Bozeman 406-582-2250 jon.henderson@bozeman.net From: Riley Rivers <riley@riverslandscapingmt.com> Sent: Sunday, November 5, 2023 3:37 PM To: Jon Henderson <Jon.Henderson@BOZEMAN.NET> Subject: [EXTERNAL]SWMBIA - GVSLPP Comments CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon Jon, please find the attached public comment statement from SWMBIA for the Gallatin Valley Sensitive Lands Plan. Thank you - Riley Rivers SWMBIA Government Affairs Committee Chair -- Riley Rivers President riverslandscapingmt.com Office: 406-570-6627 Cell: 406-560-5334 668 Gallatin Valley Sensitive Lands Plan Comments from the Southwest Montana Building Industry Association Government Affairs Committee The Southwest Montana Building Industry Association (SWMBIA) has conducted a comprehensive review of the Gallatin Valley Sensitive Lands Plan. While we acknowledge the noble intention behind safeguarding the valley's invaluable resources, we harbor significant concerns regarding the plan's execution and its potential ramifications on our local community. We firmly assert that any implementation of this plan should only proceed after a thorough examination of its potential impacts. One pressing concern pertains to the plan's influence on housing affordability within the valley. We seek clarification on whether any studies have been conducted to assess the amplified costs associated with heightened regulatory measures. Regrettably, in our review of the plan, we encountered a conspicuous absence of documented impacts, studies, or quantitative analyses regarding housing affordability. We earnestly urge both the responsible group and any governing body contemplating its enactment to conduct a comprehensive evaluation of housing affordability in light of the proposed regulations. We must pose the question: Is the present moment conducive to imposing further obstacles in the construction process, especially in the face of the ongoing housing and affordability crisis? Another aspect that warrants scrutiny is the modality of implementation across various agencies and the timeline for regulatory adjustments. We staunchly advocate for collaboration between governing bodies and organizations such as ours, as well as stakeholders within the building community, to facilitate the adoption of the plan and any subsequent regulations. Our investigation revealed a marked absence of outreach to developers, builders, building associations, and other pertinent stakeholders who will undoubtedly be significantly impacted by this plan and its future regulatory framework. We earnestly implore governing agencies to consider engaging with groups like ours to thoroughly examine the implications of development and housing. While we firmly acknowledge the paramount importance of preserving the valley's natural resources and lands, we must not lose sight of the pressing housing crisis we currently face. Addressing this crisis necessitates a considerable surge in future construction to support the valley's burgeoning growth. We respectfully request that our comments be given due consideration in the context of housing affordability. SWMBIA remains steadfast in its commitment to both environmental stewardship and the welfare of our community, striving to strike a balance that ensures the sustainable growth of the valley while maintaining the affordability of housing. 669 From:Jon Henderson To:Agenda Subject:FW: [EXTERNAL]Comments on Final Draft Sensitive Lands Plan Date:Tuesday, November 7, 2023 10:29:07 AM FYI – submitting the following comment, for the public record: Jon Henderson | Strategic Services Director City of Bozeman 406-582-2250 jon.henderson@bozeman.net From: susan duncan <SduncanMT@outlook.com> Sent: Saturday, November 4, 2023 3:29 PM To: Jon Henderson <Jon.Henderson@BOZEMAN.NET> Subject: [EXTERNAL]Comments on Final Draft Sensitive Lands Plan CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Jon: Here are my comments on the Sensitive Lands Plan. The Plan has assembled an impressive array of the data on Gallatin Valley natural resources. I’m sure it will be useful. The interactive map is at a level of complexity that would be hard for most people in ag to take in without training in arc/gis including me. Comments on Sensitive Lands Plan Draft November 4, 2023 from Susan Duncan My concerns: How the data will be interpreted and used? Who controls that? Resident landowners whose property rights could be impacted by the implementation of the recommendations want to know. As my neighbor said: “ I just found out about this. What's astounding to me is that landowners did not receive direct written notification about this Land Draft Plan .And, they have been meeting on these issues since Summer 2022. This seems to be Top Down Planning again.” Lack of representation in the survey.. Thirty five hundred surveys were sent out to a random selection of Gallatin Valley residents. Five hundred were returned. Thirty individuals were interviewed. Who were these people? How many of them were resident landowners whose property rights could be impacted by these recommendations? a. Failure to engage these people in the goal setting process and failure to show thesepeople how plan recommendations will benefit them has doomed all previousattempts at zoning for the last 30 years. (I watched it happen.) b. You NEED them to be successful. They are the only ones who can decide to puttheir land in a conservation easement. Irrigators decide whether or not to line the 670 ditch for efficiency, whether to continue to pull water from the river, whether to continue to maintain their ditch system. Ditches are self contained, self governing,self funded entities. You have no control. Water rights, prescriptive ditcheasements, and non-interference easements and maintenance clauses are a matterof State Water Law and not local control. Subdivision regulations and contractorsworking for developers can severely impact ditch operations, though, at platapproval and after construction.c. Consult and Engage with them. They like wildlife, water, connectivity and openspace. They just hate to “give up” control of their property rights to conform torecommendations promoted by urban/suburban residents (Bozeman) who haveno “skin in the game”. Proposed solutions do not show what specific elements (wildlife,connectivity, ag, water) the proposed solution is intended to address and how. How were the pieces/ processes shown on the map integrated to create the proposed solution? What outcome is desiredfrom this solution?Susan Duncan 1050 Thorpe Road Belgrade, MT 597141-406-388-1809sduncanmt@outlook.com 671 From:Jon Henderson To:Agenda Subject:FW: [EXTERNAL]Email comments submitted at Jon.Henderson@Bozeman.net regarding Draft Gallatin Valley Sensitive LandsManagement Plan Date:Friday, November 3, 2023 2:15:04 PM Attachments:image001.png FYI – please see the following comment regarding the Gallatin Valley Sensitive Lands Protection Plan, to be recorded as part of the public record: Jon Henderson | Strategic Services Director City of Bozeman 406-582-2250 jon.henderson@bozeman.net From: Richards, Hoyt <hrichards@mt.gov> Sent: Friday, November 3, 2023 1:59 PM To: Jon Henderson <Jon.Henderson@BOZEMAN.NET> Cc: Boyer, Jennifer <jennifer.boyer@gallatin.mt.gov> Subject: [EXTERNAL]Email comments submitted at Jon.Henderson@Bozeman.net regarding Draft Gallatin Valley Sensitive Lands Management Plan CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thursday, November 2, 2023 Dear Mr. Henderson: The Montana Department of Natural Resources and Conservation (DNRC) appreciates the opportunity to participate and comment on the Gallatin Valley Sensitive Lands Protection Plan. This email provides you information on DNRC’s mandate to manage properties, both surface and subsurface, for their highest and best use while protecting the long-term income generation for the Trusts as described below. Additionally, this email presents to you DNRC’s obligation of providing wildfire protection services and maintaining a healthy forest. DNRC has Trust Lands Management and forest health responsibilities. When Montana was accepted into the Union through the Enabling Act in 1889, the Congress of the United States granted lands to the State of Montana, for Common Schools (K- 12) support. The DNRC is responsible for ensuring sustainable development of the State’s Trust Lands resources (mineral, natural gas, oil, timber, water, commercial land development and other resources). These resources are managed to produce revenues for trust beneficiaries while considering environmental factors and protecting the future income generating capacity of the land. Additionally, DNRC has the responsibility to assist in managing the State’s forests. These duties include fire protection, forestry assistance, implementing the Good Neighbor Authority, executing the Montana Forest Action Plan, and policy-planning & outreach. DNRC has interests within the proposed study areas. The Study Area contains 41,698 acres of State Trust Lands surface acreage (35,127 acres of classified agriculture/grazing and 5,776 acres of classified forest), and 73,954 acres of subsurface mineral rights. In addition to the Trust Lands, 51,216 acres of Montana Forest Action Plan priority areas have been identified of which 22,823 acres considered in poor forest health and / or elevated fire risk. Regarding Trust Land Management, DNRC manages its properties for the highest and best use while protecting the long-term income generating capacity of these lands. DNRC determines this on a case-by-case basis. DNRC seeks alignment between 672 your plan’s objectives and DNRC’s mandate when opportunities are presented. When alignment is not present, DNRC is required by law to move forward with management of Montana’s Trust Lands with the highest and best use in mind. DNRC has a close working relationship with both the City of Bozeman and Gallatin County to restore forest health, reduce wildfire risk, and provide wildfire protection services. We look forward to continuing these relationships while restoring forest health, protecting high risks assets from wildfire, and above all ensuring the safety of the firefighting community to the best of our abilities. Please reach out to me if you have any additional questions or discussions. Thank you for considering our comments. Hoyt Richards | Central Land Office Area Manager Central Land Office, FTLD Montana Department of Natural Resources and Conservation 8001 N. Montana, Helena MT 59602 DESK: 406-458-3501 MOBILE: 406-422-8962 EMAIL: hrichards@mt.gov Website | Facebook | X (Twitter) | Instagram How did we do? Let us know here: Feedback Survey 673 From:Daniel Carty To:Agenda; Jennifer Madgic Subject:[EXTERNAL]Public Comment: CDB Meeting, Dec 4, 2023: Agenda Item F.1: GV Sensitive Lands Plan Date:Monday, December 4, 2023 10:07:07 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. (Please distribute the following public comment to the CDB for their Dec 4, 2023, meeting and place in the Sensitive Lands Plan public comment folder. Thank you,) Mon, Dec 4, 2023, 10:10 AM To: Community Development Board (CDB) and Commissioner Jennifer Madgic, Commission Liaison to the CDBSubject: Please "accept" the Gallatin Valley Sensitive Lands Protection Plan as currently written I am writing to ask the CDB to "accept" the Gallatin Valley Sensitive Lands Protection Plan(GVSLPP) as currently written. In addition, I am writing to ask the CDB and the City to begin thinking about incorporating the GVSLPP—as currently written—into the proposed Unified Development Code (UDC)update. Such an incorporation could be done under Article 6.- Natural Resource Protection and would codify the GVSLPP. Codifying the GVSLPP would, in turn, give the plan "teeth,"which could then be used to help evaluate future residential and commercial development planned within City limits. In addition, codifying the GVSLPP would encourage the City toplace greater emphasis on (1) enforcing existing environmental protection codes in the proposed UDC update, (2) adding new environmental protection codes to the proposedUDC update, (3) enhancing sustainability in the face of climate change, (4) advocating for land stewardship/environmentally responsible development, and—especially—(5)protecting and enhancing the many ecosystem services (Footnote 1) that Bozeman's natural environment provides to its residents. Daniel Carty213 N. Third Ave Bozeman. MT 59715 dgc12@hotmail.com406-548-2810 Footnote 1: As characterized by the National Wildlife Federation, ecosystem services can be thought of as beneficial services that the natural environment provides to humans, e.g.,(1) Provisioning, (2) Regulating, (3) Cultural, and (4) Support services.https://www.nwf.org/Educational-Resources/Wildlife-Guide/Understanding-Conservation/Ecosystem-Services 674 From:Marcia Kaveney To:Agenda; Jennifer Madgic; Terry Cunningham; Jeff Mihelich Subject:[EXTERNAL]Comment for the CBD re: the Gallatin Valley Sensitive Lands Protection Plan Date:Monday, December 4, 2023 11:37:34 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear members of the Community Development Advisory Board, Deputy Mayor Cunningham, Commissioner Madgic, and Mr. Mihelich, Thank you for the opportunity to comment on the Gallatin Valley Sensitive Lands ProtectionPlan (GVSLPP) that is before the CDB Advisory Board tonight. Some of you may know me from my involvement with Canyon Gate, but I also had the pleasure of being a SensitiveLands Study interviewee as both a member of the Gallatin Wildlife Association and a local resident living within the wildlife corridor of Bridger Creek and the Story Hills. Prior to being razed, the Canyon Gate parcel would have met 3 of the 4 Sensitive LandsThemes (Wildlife and Biodiversity, Connectivity, and Water Quality and Quantity) and is shown as sensitive on the many maps that I reviewed in the GVSLPP. Despite this, myneighbors and I lost our battle to save even the smallest portion of existing habitat on Canyon Gate. I am writing in support of this plan because if it had been approved, codified, andenforced by the time Canyon Gate came along, it might have allowed us to preserve some of the existing wildlife habitat and native cottonwoods, ensuring the continuation of theirecological services. I hope it will be helpful in the future with other developments. Since the GVSLPP is an effort to identify and protect the sensitive lands that currently exist and because the UDC Update has also been a large part of the city's recent conversations, Iwould like to draw your attention to the last paragraph at the bottom of page 49 in the green box: "Focusing development within existing city planning jurisdiction areas can reduceimpacts to sensitive lands elsewhere. City planning jurisdictions, Bozeman’s Growth Policy Boundary, and the Triangle Plan Boundary provide the necessaryinfrastructure to support development in an efficient and cost-effective way. Developments within these areas should consider designs and neighborhoodlayouts that work with natural drainages, provide wildlife friendly passage, and support nature in the city. All these elements also provide human benefits such asefficient stormwater management, clean air and water, and access to passive recreational spaces." The underlined sentence is particularly important: "Developments within these areas shouldconsider designs and neighborhood layouts that work with natural drainages, provide wildlife friendly passage, and support nature in the city." Over the last two years I have reviewed codes for Canyon Gate's annexation, zoning,preliminary plat, and site plans, and found that the city already has several existing codes that require developments to work with natural drainages, provide wildlife passage, and support“nature” in the city. Simply put, they are not being applied or enforced in a consistent 675 or effective manner. Had the existing codes been enforced we would be seeing a very different development on theCanyon Gate parcel; one that would have been embraced by its neighbors and fully embodied the vision of the Sensitive Lands Study, as well as the environmental stewardship goals of thegrowth policy. I believe if there are rules on the books, everyone should have to follow them. In the case of Canyon Gate, these codes were not enforced or followed and the results havebeen very destructive to both our community and our natural environment. One wonders why these codes are not being enforced by the city. I have been trying to solve this mystery for months and still don't know. What I do know is that if the codes we have noware not being enforced, then how can we ever expect to effectively codify the goals of the Gallatin Valley Sensitive Lands Protection Plan? In taking these comments into consideration tonight, I hope you will unanimously agree to addan amendment to your recommendation to the City Commission regarding the Gallatin Valley Sensitive Lands Protection Plan asking for the prioritization of all code enforcement. Withoutsubstantial improvement in the enforcement of city codes, we can expect to see business as usual thus negating all the good work done in the Gallatin Valley Sensitive Lands ProtectionPlan. If anyone on the board is interested in learning more about the codes to which I have referred in this letter, please feel free to contact me. Thank you,Marcia Kaveney 676 Resolution 2023-2 Gallatin Valley Sensitive Lands Protection Plan Page 1 of 3 COMMUNITY DEVELOPMENT BOARD RESOLUTION 2023-2 A RESOLUTION OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF BOZEMAN, MONTANA, RECOMMENDING ACCEPTANCE OF THE GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN, AS REQUIRED BY THE MONTANA LAND USE PLATTING ACT WHEREAS, the City of Bozeman Community Development Board has been created by Resolution 5330 of the Bozeman City Commission as provided for in Title 76, M.C.A.; and, WHEREAS, the Community Development Board was designated as the Planning Commission by Commission Resolution 5534 on October 2, 2023; and, WHEREAS, Sections 4 and 16 of the Montana Land Use Planning Act, M.C.A. states that the Planning Commission is responsible to review and make recommendations to the City Commission regarding land use and issue plans; and, WHEREAS, Section 6.6 of the City’s adopted Strategic Plan calls for working with partner organizations to identify at-risk, environmentally sensitive parcels that contribute to water quality, wildlife corridors, and wildlife habitat; and, WHEREAS, Goal EPO-1.5 of the Bozeman Community Plan 2020 calls for working with partner organizations to identify and reduce impacts on at-risk, environmentally sensitive areas that contribute to water quality, wildlife corridors, or wildlife habitat, specifically wildlife habitat as we continue outward growth; and, WHEREAS, Goal RC-2.3 of the Bozeman Community Plan 2020 calls for identifying, mapping, and utilizing geographic information systems (GIS) data to locate and monitor developments on environmentally sensitive and hazard-prone areas along with non-profit and agency partners; and, WHEREAS, constituents from a variety of governmental and not-for-profit entities collaborated to develop the Gallatin Valley Sensitive Lands Protection Plan (Plan) which is organized around the themes of Wildlife and Biodiversity, Connectivity, Agricultural Heritage, and Water Quality and Quantity; and, WHEREAS, the Montana State Legislature passed the Montana Land Use Planning Act in the 2023 session which Act replaces all prior land use planning authority exercised by the City; and, WHEREAS, the Montana Land Use Planning Act requires the Planning Commission to review all issue plans for consistency with the growth policy and make a recommendation to the City Commission; and, DocuSign Envelope ID: 269F1177-7864-4D1E-9510-084A4BDA2E4B 677769 Resolution 2023-2 Gallatin Valley Sensitive Lands Protection Plan Page 2 of 3 WHEREAS, the Strategic Services Department in conjunction with the selected contractor undertook a wide variety of public outreach events and practices to encourage public input and participation in the drafting of the plan; and, WHEREAS, public comments were incorporated throughout the course of developing a draft of the document; and, WHEREAS, opportunity for public comment and review of the draft of the document was made available electronically through the gallatinvalleyplan.bozeman.net website throughout the course of the project as well as in person meetings and events; and, WHEREAS, the City is conducting a public review and accepting public comment on the draft Gallatin Valley Sensitive Lands Protection Plan to receive and review all written and oral testimony on the issue plan prior to making a recommendation to the City Commission; and, WHEREAS, the recommendation of the Planning Commission regarding compliance of the draft issue plan with the growth policy is important information for the City Commission to consider, a notice of consideration of the issue plan by the Planning Commission has been advertised for the date of December 4, 2023, to receive and review all written an oral testimony of the draft update of the issue plan; and, WHEREAS, Staff presented a summary description of the issue plan and answered questions for the Planning Commission after which the public was invited to give testimony; and, WHEREAS, the Planning Commission considered all written comments they had received during the public comment period prior to and on December 4, 2023; and, WHEREAS, the Planning Commission discussed the issues raised in the public comment and the requirements of the law; and, WHEREAS, a motion was made to recommend acceptance of the issue plan; NOW THEREFORE, BE IT RESOLVED that the Community Development Board recommends acceptance by the Bozeman City Commission of the draft Gallatin Valley Sensitive Lands Protection Plan: Passed and adopted by the Community Development Board of the City of Bozeman, Montana, at a session held on the 4th day of December 2023. DocuSign Envelope ID: 269F1177-7864-4D1E-9510-084A4BDA2E4B 678770 Resolution 2023-2 Gallatin Valley Sensitive Lands Protection Plan Page 3 of 3 ______________________________________ Henry Happel, Chair Community Development Board ATTEST: ___________________________ Anna Bentley, Community Development Director City of Bozeman DocuSign Envelope ID: 269F1177-7864-4D1E-9510-084A4BDA2E4B 679771 Version February 2023 RESOLUTION 5559 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ACCEPTING THE GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN WHEREAS, Section 6.6 of the City’s adopted Strategic Plan calls for working with partner organizations to identify at-risk, environmentally sensitive parcels that contribute to water quality, wildlife corridors, and wildlife habitat; and, WHEREAS, constituents from a variety of governmental and not-for-profit entities collaborated to develop the Gallatin Valley Sensitive Lands Protection Plan which is organized around the themes of Wildlife and Biodiversity, Connectivity, Agricultural Heritage, and Water Quality and Quantity; and, WHEREAS, the Strategic Services Department in conjunction with the selected contractor undertook a wide variety of public outreach events and practices to encourage public input and participation in the drafting of the plan; and, WHEREAS, public comments were incorporated throughout the course of developing a draft of the document; and, WHEREAS, opportunity for public comment and review of the draft of the document was made available electronically through the gallatinvalleyplan.bozeman.net website throughout the course of the project as well as in person meetings and events; and, WHEREAS, on November 8, 2023, the City of Bozeman Sustainability Board unanimously recommended acceptance by the Bozeman City Commission of the Gallatin Valley Sensitive Lands Protection Plan; and, WHEREAS, on December 4, 2023, the City of Bozeman Community Development Board unanimously recommended acceptance by the Bozeman City Commission of the Gallatin Valley 680 Version February 2023 Sensitive Lands Protection Plan; and, NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ___________________, 20____. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 681 Memorandum REPORT TO:City Commission FROM:Anna Bentley, Community Development Director SUBJECT:Appointment to the Community Development Advisory Board MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint one at-large member, one architect, and one representative of the development community to the Community Development Board for terms ending December 31, 2025. I move to designate ____ as the Chair and ____ as the Vice-chair of the Community Development Board. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Community Development Board has three positions available due to the expiration of terms. The new terms will expire on December 31, 2025. The City Clerks' Office posted the notice of positions online and ran a legal ad in the Bozeman Daily Chronicle. Applications were open and accepted until November 17, 2023. Seven applications were received. An interview panel was held in conformance with Resolution 5323 consisting of the Staff Liaison, Anna Bentley, and the Commission Liaison, Jennifer Madgic. The roles of Chair and Vice-chair will also need to be designated for the new period. The Commission Liaison to this Board, a voting member, will be designated at the assignment of Commission Liaisons at a future City Commission meeting. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None Attachments: 682 09-08-23 - CAB Applications - Keats Maxwell.pdf 09-19-23 - CAB Applications - Gary Kachadurian.pdf 10-31-23 - CAB Applications - Richard Kerin.pdf 11-02-23 - CAB Applications - Henry Happel.pdf 11-06-23 - CAB Applications - Stephen Christopher Egnatz.pdf 11-13-23 - CAB Applications - Jim Webster.pdf 11-17-23 - CAB Applications - Nicole Olmstead.pdf Report compiled on: August 31, 2023 683 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Keats Maxwell * Residential Address 618 S 7th Ave Bozeman MT 59715 * Primary Phone (307) 690-7041 * Current Occupation Designer * Employer Self * Email maxwellkeats@gmail.com Which position are you applying for? Community Development Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 6-10 years * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I studied architecture at MSU and focused my thesis on integrating the interstitial space between the MSU campus and the city of Bozeman to create a copacetic, vibrant, and connected boundary in the community. I have seen the consequences of mountain town development make copious problems through growing up in Jackson, Wy and Boulder, Co. The skills I've amassed through learning architecture are elemental to begin to tackle community development. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. Well, throughout my formative years living all across the world: Mexico, India, Spain, France, etc. taught me early on that the diversity of the world is immense and everybody has something to be taught and to teach. My curiosities have led to gaining as much knowledge as I can from as many walks of life as I can possibly interact with. Along with formal ways of expanding understanding such as classes on Native American art for example I find the best is to just talk to everyone you can. Page | 1 684 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Emily Reed * Phone (307) 899-6248 * Email emilynicholereed@gmail.com * Reference #2 Full Name Kyle Stover * Phone (406) 994-4256 * Email kyle.stover@montana.edu * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Instagram Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 685 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Gary Kachadurian * Residential Address 809 Yankee Creek Road GALLATIN GATEWAY MT 59730 * Primary Phone (312) 501-0650 * Current Occupation Retired (sort of....) * Employer (self) The Kachadurian Group * Email gary@kach55.com Which position are you applying for? Community Development Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) No How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have a 35 year career in real estate mangement and development. I was a senior partner with a large institutional real estate company. I have planned and developed housing units in multiple U.S. state, most of them multifmaily rental. I was a partner in the recent development o fThe Cannery Flats rental building in Bozeman. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I have been on the Board of BYEP in Bozeman for 6 years and we strongly encourage and exhibit DEI and train our staff in same. References Page | 1 686 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Stephen Schachman * Phone (406) 599-4414 * Email stephen@schachman1.com * Reference #2 Full Name Mark kehke * Phone (406) 539-0984 * Email mkehke@pacv.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? read in email blast Is there any other information that you feel we need to know? We have owned out home in Gallatin Gateway for over 20 years. I am the Treasurer and on the Executive Committee of the Bozeman Symphont, as well as being the Treasurer and on the Executive Committee of BYEP. I am 73 years young and want to continue my semi-retirement to help the City of Bozeman, which my wife (of 49 years) and I love so very much. I am Bozeman daily with meetings and love the vibrancy of the people and culture. I am also a senior consultant to Lone Mountain Land Company. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 687 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Richard Kerin * Residential Address 609 South 6th Avenue Bozeman MT 59715 * Primary Phone (406) 570-4913 * Current Occupation Semi-retired Consulting Engineer * Employer Kerin & Associates, Consulting Engineers * Email rick@kerinandassociates.com Which position are you applying for? Community Development Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? No * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. As an experienced civil and structural engineer, I have worked in the past with both major and minor developers. I have also worked with both local and state agencies/boards through the subdivision/site develpment review process. Having watched Bozeman's growth explode in the last few years, I am aware of the need for planned and thoughtful development. Currently I only work on insurance claims throughout the state and thus would have no conflict of interest. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. In my professional business career, I was an equal opportunity employer. When hiring engineers and other staff positions, I chose qualified men and women, irrespective of race, ethnicity or religious beliefs. Since my brother-in-law is gay, I have seen first hand the importance of DEI. Page | 1 688 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Brandon Spitzer * Phone (406) 579-8910 * Email bspitzer55@gmail.com * Reference #2 Full Name Lisa Prugh * Phone (406) 599-6004 * Email prugh.lisa@gmail.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Bozeman Daily Chronicle Is there any other information that you feel we need to know? Bozeman has been my permanent home since the purchase of my residence in 1982. As a business member of the City, I have been actively involved with its growth. My children were raised here and attended Irving School. My wife and I also have a rental property. Because of my committment to Bozeman, I want a seat a the table to help with the direction of its growth and future. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 689 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Henry Happel * Residential Address 608 S GRAND AVE BOZEMAN MT 59715 * Primary Phone (206) 227-6005 * Current Occupation Retired except for service on one for-profit, one non-profit, and one citizen advisory board * Employer None * Email HENRYHHAPPEL@GMAIL.COM Which position are you applying for? Community Development Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? Planning Board, now Community Development Board, since 2016 * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I am the current chairman of the Community Development Board. I would like to see my current position through to at least the adoption of a revised UDC. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. Our younger daughter teaches at NYU Law School, is a Haiti expert, and leads the schools Center for Human Rights and Global Justice. She has taught me a lot about the struggles of many who can benefit from DEI initiatives. I am on a non-profit board that, with my backing, instituted what has been a successful DEI program. References Page | 1 690 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Jen Madgic * Phone (406) 582-9544 * Email jmadgic@gmail.com * Reference #2 Full Name Jeff Mihelich * Phone (406) 582-2306 * Email jmihelich@bozeman.net * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Serving on the Board at present Is there any other information that you feel we need to know? No. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 691 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Stephen Christopher Egnatz * Residential Address 1268 Boylan Road Bozeman Mt 59715 * Primary Phone (978) 807-4518 * Current Occupation Architect Store Development Starbucks * Employer Starbucks * Email scegnatz@gmail.com Which position are you applying for? Community Development Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 1-5 years * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? Bozeman, 2 Years Community Development Board * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have focused my career on ensuring that everyone can surround themselves in quality cost effective environments. At the onset of my vocation, I designed affordable housing for EAI, following this I designed mixed use housing in Seattle. Recently my career shifted to the “owners’ side” where I now work with developers as a tenancy for their projects. The diversity of my experience provides the board with a holistic perspective of the built world and helps balance aspiration with reality. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. DEI have been foundational throughout my profession and personal life. Current I am employed by Starbucks whose mission and values are rooted in DEI. As a store dev. manger our cafes represent the physical manifestation of these values and ensure that every customer, barista, and community have a place for connection. Starbucks hosts an annual offsite for DEI training, promotes minority and female owned companies through procurement, and recently converted all restrooms to gender neutral. Page | 1 692 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Marlene Sadaj * Phone (406) 600-7590 * Email marlene@seamt.com * Reference #2 Full Name Sara Angus * Phone (206) 391-1260 * Email sangus@starbucks.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? i am currently on the advisory board and my term limit will expire Dec. 31. I would like to extend my service to the board and the community through this application. fillin Is there any other information that you feel we need to know? No Additional information needed at this point. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 693 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Jim Webster * Residential Address 311 South Third Ave. Bozeman MT 59715 * Primary Phone (406) 581-8614 * Current Occupation Investment Advisor * Employer D.A. Davidson & Co. * Email jwebster587@gmail.com Which position are you applying for? Community Development Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? Bozeman Historic Preservation Advisory Board, 1993-2008, Story Mansion Task Force Co-Chair, 2003-2007 * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. My fifteen years on the City's Historic Preservation Board gave me some solid insight with regards to experiencing and weighing in on some of the issues that continue to face Bozeman today. Attending Commission and other community meetings offered me a window into some of the challenges and criticisms that a popular, steadily growing city like ours, can face over time. Back in 2002-2003, I played an active role working with some great teammates, to help preserve the Story Mansion. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. These three tenants are part of my personal ethos and something that I feel that I have practiced my whole life. I share these with my wife Valerie, an Episcopal Minister and we have worked over time to share these with our three (now grown), children. I work in an industry that is male-dominated and am proud to say that I've been able to contribute along with others, towards making our office a good place to work that does not engage in some of the stereotypes found in our business. Page | 1 694 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Ken Ryder * Phone (406) 579-3165 * Email kenryder65@gmail.com * Reference #2 Full Name Brian Brown * Phone (406) 579-8527 * Email bbrown@dadco.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Through the city's website Is there any other information that you feel we need to know? I've known local contractor Ken Ryder for many years. In the past, Ken has served on the Design Review Board and the Historic Preservation Board. Brian Brown is my investment partner and also is the Branch Manager of the Bozeman D.A. Davidson office. They are both expecting you to reach out to them at some point. In conclusion, after 30 years of living in Bozeman, I feel that this will be a positive, constructive use of my skillset to help better the community. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 695 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Nicole Olmstead * Residential Address 2527 Spirit Crossing Ln Bozeman MT 59715 * Primary Phone (585) 727-3218 * Current Occupation Planner * Employer Cushing Terrell * Email nicoleolmstead12@gmail.com Which position are you applying for? Community Development Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? Zoning Commission 2019, Planning Board 2021, CDB 2021 * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. Professionally I work for a Montana based design firm. We work on projects locally and throughout the US. I understand industry needs and realize the importance of a land use board. I have also served as the vice chair since the CDB creation and have insight into Process. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I have completed DEI training through my employer. References Page | 1 696 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Chris Scott * Phone (406) 556-8648 * Email christopher.scott@gallatin.mt.gov * Reference #2 Full Name Jason Karp * Phone (406) 388-3561 * Email jkarp@belgrademt.gov * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Anna Bentley Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 697 Memorandum REPORT TO:City Commission FROM:Brit Fontenot, Economic Development Director SUBJECT:Appointments to the Economic Vitality Board MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint four members to the Economic Vitality Board to a term ending December 31, 2025. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Economic Vitality Board has four positions available due to the expiration of term with terms expiring December 31, 2025. The City Clerks Office posted the vacant position online and ran a legal ad in the Bozeman Daily Chronicle. Applications were open and accepted until November 17, 2023. Ten applications were received. An interview panel was held in conformance with Resolution 5323 consisting of the Staff Liaison, Brit Fontenot, the Board Chair, Katy Osterloth, and the Commission Liaison, Commissioner Coburn. UNRESOLVED ISSUES:None ALTERNATIVES:As per Commission FISCAL EFFECTS:None Attachments: 09-18-23 - CAB Applications - Tyler Crain.pdf 08-28-23 - CAB Applications - Craig Ogilvie.pdf 09-29-23 - CAB Applications - Stephanie Spencer.pdf 10-23-23 - CAB Applications - Mona Schwartz.pdf 11-01-23 - CAB Applications - Malory Peterson.pdf 11-02-23 - CAB Applications - Ian Dodds.pdf 11-02-23 - CAB Applications - Sara Savage.pdf 11-03-23 - CAB Applications - Will Shepherd.pdf 11-17-23 - CAB Applications - Andrew Hill.pdf 698 11-16-23 - CAB Applications - Christel Chvilicek.pdf Report compiled on: August 31, 2023 699 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Tyler Crain * Residential Address 503 Staudaher St Bozeman MT 59715 * Primary Phone (404) 944-7194 * Current Occupation Consultant * Employer Charter Communications * Email tyler.h.crain@gmail.com Which position are you applying for? Economic Vitality Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 1-5 years * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have worked in corporate strategy and product development roles in the telecommunications space for the majority of my career, but have also been a consultant to the CDC. My expertise is with developing business models and making executive recommendations for courses of action. I am passionate about delivering connectivity to underserved communities and believe bringing these services to all citizens will promote economic opportunity. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. The best way to understand others and their perspectives is to get involved and build relationships. I get involved by volunteering within the communities where I live. In Bozeman, I have been a community coach at Bozeman Baseball and Gallatin Elite soccer. I have also volunteered to support construction and cleanup projects locally. Building relationships with individuals across the Bozeman community promotes DEI by breaking the siloed cliques, often limited by socioeconomic disparities. Page | 1 700 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Clete Seyle * Phone (432) 250-4984 * Email cleteseyle@yahoo.com * Reference #2 Full Name Chris Manthey * Phone (917) 763-8854 * Email chrismanthey@me.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? City website Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 701 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Craig Ogilvie * Residential Address 3428 South 30th Ave Bozeman MT 59718 * Primary Phone (515) 520-1590 * Current Occupation Graduate Dean * Employer Montana State University * Email profcraigogilvie@gmail.com Which position are you applying for? Economic Vitality Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 1-5 years * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? Bozeman, 2 years, Economic Vitality Board. Ames, Iowa, 4 years, Analysis of Social Services Evaluation Team which allocates city, county, & university funds to human services organizations. * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. How do we ensure people have an affordable place to live and work in Bozeman, while encouraging new arrivals to fully participate in the economic life of the region. My work is at this nexus. Graduate students need affordable housing. At the same time, these students will start new companies or bring their skills to existing organizations. All that I do is collaborative. I am known for thinking about creative solutions and being able to analyze data to reveal patterns and inform decisions. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I am responsible for advancing DEI across MSU’s graduate degrees. Two approaches; 1) systemic changes in policy, e.g. removing both the GRE exam for admission and high-stakes gateway exams that differentially impact marginalized students, and 2) increasing practices that impact one person at a time, e.g. including equity into workshops for faculty and staff, safezone training for GTAs, and scholarships for Indigenous students. In all that I do, I ask how this will impact our diverse students. Page | 1 702 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Stephanie Gray * Phone (406) 994-5256 * Email stephanie.gray2@montana.edu * Reference #2 Full Name Ariel Donohue * Phone (406) 994-3004 * Email ariel.donohue@montana.edu * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? No How did you hear about this board or vacancy? Currently serve on EVB Is there any other information that you feel we need to know? It has been an honor to serve on the EVB. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 703 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Stephanie Spencer * Residential Address 3013 Trade Wind Lane Bozeman MT 59718 * Primary Phone (832) 785-7513 * Current Occupation Family Nurse Practitioner * Employer Livingston Healthcare * Email eggheadsteff@gmail.com Which position are you applying for? Economic Vitality Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. Prior experience in residential construction and small business management, born in Bozeman with memories of the small town that now needs sustainable growth measures that meet public needs, rental property management that provide owner profit under current market rates, assisted with bringing art curriculum back into Hyalite Elementary as a PAC board member, work with local businesses to support local public schools. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. DEI training is required through my professional practice. I have also gone through DEI training as a Project Connect liaison for Hyalite Elementary and volunteer consistently for the school. Page | 1 704 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Whitney Miller * Phone (406) 220-4779 * Email whitney@millermt.com * Reference #2 Full Name Heather Chvojka * Phone (224) 622-8966 * Email heather.chvojka@bsd7.org * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? City Commission meeting Is there any other information that you feel we need to know? My references will readily acknowledge that I am passionate about the safety, sustainability, and equity of the Bozeman community. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 705 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Mona Schwartz * Residential Address 1127 N. Spruce Dr. Bozeman Montana 59715 * Primary Phone (406) 599-8620 * Current Occupation Associate Director * Employer Profitable Ideas Exchange * Email mona.c.schwartz@gmail.com Which position are you applying for? Economic Vitality Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. Professionally, I recently worked as a policy staffer for a Portland City Commissioner, specifically on arts, sustainability, technology access, livability, and city planning, with a strong equity focus. I am passionate about community engagement, DEI work, and creating a city with economic opportunities for all that choose to live here. I currently work for Profitable Ideas Exchange (PIE). I grew up in Bozeman and moved home last year. I'm eager to serve this community that I care deeply about. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I'm glad that the City of Bozeman prioritizes DEI work. I am committed to being an ally and to having hard, vulnerable conversations that are essential for change. I recognize my privilege as a white woman, and I work to show up in spaces as my authentic self while ensuring I'm uplifting other voices and not taking space from others. My past job experiences in policy, campaigns, and community work greatly expanded my understanding of DEI work, and I continue to seek out opportunities to grow. Page | 1 706 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Carmen Rubio * Phone (503) 502-9832 * Email comm.rubio@portlandoregon.gov * Reference #2 Full Name Susie Krueger * Phone (406) 585-4148 * Email skrueger@profitableideas.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Mike Veselik Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 707 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Malory Peterson * Residential Address 406 N Willson Ave Bozeman MT 59715 * Primary Phone (541) 231-0588 * Current Occupation Researcher, Community Health and Geography * Employer Montana State University * Email malorykpeterson@gmail.com Which position are you applying for? Economic Vitality Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 1-5 years * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? Economic Vitality Board from October 2023, scheduled to end December 2023. * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I am interested in continuing to serve on the Economic Vitality Board because issues of economic development, equity, and representation are central to living happily with my neighbors in Bozeman. I have graduate level education in Land Use Planning, Indigenous Economic Development, and Resource Geography. I am a social scientist heavily engaged in the local community, and believe I can bring valuable perspective and lived experience. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I specifically research health issues that affect Indigenous and Minority communities, and have 15 years of documented engagement in sustainable development and support for marginalized demographic groups. I have instructed a course on decolonizing methodologies in health research, and I use Critical Race Theory and Tribal Crit as research frameworks to improve health equity. I have lived experience being homeless in Bozeman, and understand discriminatory policies that lead to houselessness. Page | 1 708 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Jackson Bolstad * Phone (406) 480-5387 * Email jacksonbolstad@gmail.com * Reference #2 Full Name Ali Moxley * Phone (678) 789-9521 * Email moxleyasm@gmail.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Serving an interim position on the board Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 709 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Ian Dodds * Residential Address 408 South Tracy 1 Bozeman MT 59715 * Primary Phone (406) 589-7077 * Current Occupation Business Owner * Employer Bozeman Operations * Email ianbdodds@gmail.com Which position are you applying for? Economic Vitality Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. Our economy is a system within government which has three primary variables: supply, demand and resource allocation. My interest is to understand where there are discrepancies and allocate resources accordingly. The City of Bozeman is an example of a system which would benefit from effective resource allocation through optimal use of policy. I studied Geography at MSU, worked for over ten companies within Bozeman and have now owned a construction business for three years. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. Diversity is variety, equity is fairness and inclusion is being/feeling included. To feel like you are a part of a system which has both variety and fairness is difficult because the variables have inverse effects on each other. For example: a system which is optimally fair decreases in variety over time. And a system which is optimally variable is hard to feel included in. The system is dynamic by nature so I believe it is apt to continually engage your understanding of DEI. Page | 1 710 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Luke Lanphar * Phone (406) 223-1270 * Email luke.lanphar@undercanvas.com * Reference #2 Full Name Caroline Price * Phone (406) 589-4400 * Email caroline.price8@gmail.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? At the Board Meeting on November 1st Is there any other information that you feel we need to know? I gain a lot of value from understanding how the city is growing. I use this information to understand how I might guide my business to fit within the context of this growth. This has been my incentive to attend commission meetings, board meetings and workshops on a semi-consistent basis for the past year. I hope to gain a more in-depth understanding of the cities growth and how we can build systems to meet that growth. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 711 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Sara Savage * Residential Address 206 cypress Ave BOZEMAN MT 59715 * Primary Phone (406) 589-5123 * Current Occupation Associate Director * Employer HRDC * Email ssavage@thehrdc.org Which position are you applying for? Economic Vitality Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? EVB since 2021 * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have a extensive history in supporting affrodable housing development and support in my career, as well as supporting a broad range of vulnerable population in the Bozeman community who benefit from strong economic vitality policies. additionally I have had the opportunity to work with local business partners. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. As noted above, though my career I have worked with a range of diverse populations in supporting their ability to thrive in our community. Additionally I have supported HRDC's efforts to understand and implement DEIA practices in our agency. References Page | 1 712 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Heather Grenier * Phone (406) 600-0677 * Email hgrenier@thehrdc.org * Reference #2 Full Name Kelly Pohl * Phone (406) 599-7841 * Email kelly@headwaterseconomics.org * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Brit Is there any other information that you feel we need to know? I would be excited to continue supporting the board for an additional term If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 713 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Will Shepard * Residential Address 209 S 9th Ave C Bozeman Montana 59715 * Primary Phone (802) 359-3886 * Current Occupation Government Affairs Director * Employer Gallatin Association of Realtors * Email will.mc.shepard@gmail.com Which position are you applying for? Economic Vitality Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 1-5 years * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? City of Bozeman; on the EV Board; Served since March '23 * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have served on this board for 7 months now and understand the work specific to our board, Economic development, Housing Affordability, and DEI. I am passionate about this work and know that while the board doesn't enact policies, our opinions matter, they are taken seriously, and have an impact. My personal ideologies, life experiences, and work are exceptionally diverse. I consider myself capable of being well-researched, analytical, and of making educated decisions - with measured opinions. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. Being a part of the EV Board has been wonderful, productive, eye-opening, and powerful - in terms of DEI. We have gotten to have a tremendous impact on the Belonging in Bozeman initiative and I am really happy and proud of that work. I value this work immensely and hope to continue being part of this CoB project. In our ever-evolving world, I want to continue to improve in my understanding, work, and everything in between concerning DEI. I value this community and its future and DEI is critical. Page | 1 714 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Jerry Johnson * Phone (406) 539-3495 * Email jdj@montana.edu * Reference #2 Full Name Carder Gilbert * Phone (937) 776-8078 * Email genie.cardergilbert@gmail.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Brit Fontenot; Personal Research Is there any other information that you feel we need to know? I really value this board and the work I've been a part of over the last 6/7 months. I would love to continue my time on it as I think I am just getting settled in. I care deeply about this community and its future. I know that the EV Board's impact is small, but meaningful. I would be honored to serve a full term! Thank you! If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 715 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Andrew Hill * Residential Address 815 W CURTISS ST BOZEMAN MT 59715 * Primary Phone (803) 665-8562 * Current Occupation Associate Professor of Economics * Employer Montana State University * Email andrew.hill.email@gmail.com Which position are you applying for? Economic Vitality Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 6-10 years * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I moved to Bozeman in 2017 and quickly came to care deeply about the city and its future. I want to contribute in a small way to its development. The economic vitality of the city is an essential ingredient to its success. We need thriving businesses and content employees. As an associate professor of economics, I understand some of the overarching trade-offs and constraints communities face. My hope is to apply these skills to some of the specific challenges and opportunities Bozeman faces. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I was born in apartheid South Africa. I am acutely aware of the advantages I received as a white South African, and fully appreciate the importance of taking steps to address historical imbalances in wealth and opportunity. Page | 1 716 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Jason Cook * Phone (406) 451-1501 * Email jason.cook3@montana.edu * Reference #2 Full Name Isaac Swensen * Phone (406) 548-5063 * Email isaac.swensen@montana.edu * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? I follow city politics and news. Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 717 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Christel Chvilicek * Residential Address 309 Sanders Avenue Bozeman MT 59718 * Primary Phone (406) 579-9902 * Current Occupation Executive Director * Employer Family Promise * Email cchvilicek@familypromisegv.org Which position are you applying for? Economic Vitality Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) No How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. As a fourth generation born and raised in Gallatin Valley, I have spent the last 16 years working in the nonprofit sector. I chose a career, wanting purpose, but more importantly wanting to ensure my children grew up in a community that was welcoming for all and contained the tools and resources needed for all individuals to thrive. I currently serve as the ED at Family Promise, and I am driven each day by the hard-working families in our Valley that are working so hard to call this place home. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. In my current role as Executive Director of Family Promise, DEIA work is vital to our work this fiscal year. Our board of directors has set a strategic goal to ensure all facets of our operations utilize a DEIA lens. Our process began with staff attending the Everyday Allies Training offered by Bridger Care and we are currently reviewing proposals from DEIA consultants to guide our continued work reviewing policies, procedures, and best practices working with families in crisis. Page | 1 718 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Robin Mayer * Phone (406) 599-5827 * Email rmayer@familypromisegv.org * Reference #2 Full Name Kelley Dowdell * Phone (406) 223-6757 * Email dowdellfamily@gmail.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Dani Hess Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 719 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Appointments to the Sustainability Board MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint four members to the Sustainability Board to terms ending December 31, 2025. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Sustainability Board has four positions available due to the expiration of term. The new terms expire December 31, 2025. The City Clerks Office posted the notice of positions online and ran a legal ad in the Bozeman Daily Chronicle. Applications were open and accepted until November 17, 2023. Five applications were received. An interview panel was held in conformance with Resolution 5323 consisting of the Staff Liaison, Jon Henderson, the Board Chair, Emma Bode, and the Commission Liaison, Deputy Mayor Cunningham. UNRESOLVED ISSUES:None ALTERNATIVES:As per Commission FISCAL EFFECTS:None Attachments: 10-23-23 - CAB Applications - Andrew Bode Kostick.pdf 11-13-23 - CAB Applications - Brooke Lahnamen.pdf 11-14-23 - CAB Applications - Isabel Shaida.pdf 11-17-23 - CAB Applications - Kalani Goodhard.pdf 11-20-23 - CAB Applications - Nathan Gracey.pdf 11-30-23 - CAB Applications - Terran Wieder.pdf Report compiled on: August 31, 2023 720 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Andrew Bode Kostick * Residential Address 104 S Yellowstone Ave Apt 4 Bozeman MT 59718 * Primary Phone (970) 376-4889 * Current Occupation Student * Employer GigWorx * Email abodekostick@gmail.com Which position are you applying for? Sustainability Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 1-5 years * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. am currently a student at MSU studying Environmental Science with a minor in Spanish. Studying environmental science I feel that I have a good grasp on the environment and the issues related to the environment we are currently facing. I have also worked with the forest service in the past which helped me understand local environmental challenges very well. I have worked as well with the sierra club and volunteered with the Grand Canyon trust and at science centers. I also am an avid recreator * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I am a member of the Disabled Student of msu organization and the Students Against Sexual Assault organization at msu. It has shown me that my scope of knowledge and understanding of people within these groups is limited. From there I have been able to understand the need for initiatives like DEI that help increase these perspectives in places that make a difference. I am also a member of the LGBTQ+ community. As a bisexual man I feel that I have a unique perspective on DEI. Page | 1 721 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Alicyn Gitlin * Phone (520) 491-9528 * Email alicyn.gitlin@sierraclub.org * Reference #2 Full Name John Allen * Phone (406) 404-0553 * Email johnallen406@gmail.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? From a family member, my dad emailed me about the board vacancies and recommended I apply Is there any other information that you feel we need to know? I am quite excited to know more about this position and get a grasp on sustainability issues in Bozeman :) If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 722 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Brooke Lahneman * Residential Address 623 S 15th Ave Bozeman Montana 59715 * Primary Phone (410) 231-4577 * Current Occupation Assistant Professor of Management * Employer Montana State University * Email blahneman@gmail.com Which position are you applying for? Sustainability Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 6-10 years * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? n/a * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I'm a professor of business strategy and sustainability at MSU, and research how organizations can better interact with the natural environment (i.e., to mitigate harm, encourage circularity, promote societal well being) - individually and collectively. I teach our 400-level Sustainable Business Practices course at the College of Business, and work closely with the MSU Office of Sustainability for our annual Sustainability Summit. I could bring both expertise and collaborative focus. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I strongly support DEI initiatives in all organizations, agencies, and groups. At MSU, I have taken the Safe Zone training to better understand and support our LGBTQ+ student population, and also the Indian Education for All (IEFA) training to better understand and support our Indigenous students. I have worked with the American Indigenous Business Leaders (AIBL) club the past 3 years to support their events and competition. And I have served on the MSU College of Business DEI Committee (2yrs). Page | 1 723 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Adam Sigler * Phone (406) 581-8871 * Email liamsigler@gmail.com * Reference #2 Full Name Virginia Bratton * Phone (406) 600-5684 * Email virginia.bratton@montana.edu * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? MSU Office of Sustainability Is there any other information that you feel we need to know? These are crucial issues for the City (and valley and state) and I'd love to contribute more directly! If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 724 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Isabel Shaida * Residential Address 621 N Bozeman Ave Bozeman MT 59715 * Primary Phone (914) 441-6110 * Current Occupation Theater Maker/Movement Teacher * Employer Self * Email isa.shaida@gmail.com Which position are you applying for? Sustainability Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 1-5 years * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? Sustainability Board since 2022 * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I work towards a future with healthy, connected communities, resilient in the face of extreme weather, with good jobs and localized energy systems that work for all. I am a climate organizer with Gallatin Valley Sunrise and currently sit on the sustainability board. I am wracked with the reality that I will not be able to care for my children the way my parents cared for me unless we re-imagine our systems. This is the voice I bring to our meetings and will continue to champion if re-appointed. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. As an organizer I have trained with climate justice groups nationally and locally. This work asks us to cultivate and ground in a shared understanding of justice, equity, and anti-oppression (JEAO). I work to confront internalized structures of oppression (either/or thinking, top-down leadership, perfectionism, scarcity mindset), interrogate my own biases, listen to experiences outside of my own, share leadership, and continue personal education. I value and honor this as ongoing work. Page | 1 725 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Anne Hedges * Phone (406) 461-9546 * Email ahedges@meic.org * Reference #2 Full Name Evan Romasco-Kelly * Phone (206) 295-8499 * Email evanromascokelly@gmail.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? **SKIPPED** Is there any other information that you feel we need to know? Organizing within our Bozeman community has taught me that we need to be doing this work on all levels – in our government buildings, our courts, our community centers, our schools, our workplaces, our homes. I know that our city faces restraints which makes it all the more vital -- We need to tell the stories of the devastating impacts we face, both now and upcoming. We also need to tell the stories of opportunity ahead if we put the health of our communities and our climate first. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 726 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Kalani Goodhard * Residential Address 104 East Story Street Bozeman MT 59715 * Primary Phone (406) 581-3961 * Current Occupation Accountant/Business Advisor * Employer Self Employeed - Ktron Consulting * Email kalani.goodhard@gmail.com Which position are you applying for? Sustainability Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I currently hold my CPA and have worked with small businesses in the Bozeman community for 15 years. I have also worked on various development projects with the city and built a downtown commercial building in 2015. I current manage and own commercial and residential real estate in Bozeman and have the financial understanding of the process. I recently worked on and become more engaged in sustainable building practices and am hopeful i can contribute to its progression. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I have read the most recent published Inclusive City report from May of 2022. The report is great and very comprehensive however it is concerning that it hasn't been updated since 2022. I am currently a CAP volunteer (10+ years) with Thrive and have also participated in events with BYEP & Eagle Mount. I believe all citizens of our community are deserving of equal rights and those of us who are more fortunate should give back through acts of service which I have done for the past 15 years. Page | 1 727 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Abby Hetherington * Phone (406) 570-4180 * Email abby@hetheringtoninteriors.com * Reference #2 Full Name Carson Cowles * Phone (406) 579-8665 * Email cowlesdc@gmail.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Current board member - Emma Bode Is there any other information that you feel we need to know? I am a 5th generation Montanan and have lived most of my life in Bozeman. I am committed to serving my community in an impactful way which I think is directly correlated to preserving the environment and natural resources which make Bozeman unique and wonderful. I have a business background but am grounded by nature and would like to work with other like minded citizen to explore ways which our community can minimize negative impacts on our natural world while being practical to support growth. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 728 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Nathan Gracey * Residential Address 1169 Forestglen Drive B Bozeman MT 59718 * Primary Phone (530) 386-5573 * Current Occupation Student at MSU and communications intern at Cottonwood Environmental Law Center * Employer Cottonwood Environmental Law Center * Email nathangracey@gmail.com Which position are you applying for? Sustainability Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 1-5 years * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. Raised in the Sierra Nevada Mountains, I'm committed to sustainability. Studying environmental studies at Montana State, I have hands-on experience in sustainable landscape and urban management. Relevant coursework, like Issues in Sustainability, prepares me for the board. Interning at MontPIRG and Cottonwood Environmental Law Center enhanced my policy and communication skills. With a strong education and hands-on experience, I'm eager to contribute to Bozeman's sustainability on the board. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. Passionate about diversity and justice, my MontPIRG internship shaped my commitment. As a sustainability board member, I'll address environmental racism and bridge gaps between sustainability and minority issues. At 22, I represent young voices, striving for equal representation in Bozeman. I'm dedicated to championing diversity, equity, and inclusion in public offices. Page | 1 729 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Carl Anderson * Phone (406) 351-1621 * Email carl@mtpirg.org * Reference #2 Full Name John Meyer * Phone (406) 546-0149 * Email john@cottonwoodlaw.org * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Emma Bod reached out to me after seeing my letter of interest for the city commission vacancy and urged me to apply. Is there any other information that you feel we need to know? I am an environmentalist and believe climate change needs to be addressed today. I hope you consider that despite my age, I have plenty to offer Bozeman. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 730 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Terran Wieder * Residential Address 1342 Manzanita Drive Bozeman Montana 59715 * Primary Phone (303) 775-4303 * Current Occupation Fly Fishing Guide; School Teacher * Employer Wild Trout Outfitters; Bozeman Valley School District * Email terranwieder135@gmail.com Which position are you applying for? **SKIPPED** Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 6-10 years * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. Holding a Bachelor's in Environmental Science from MSU, my academic journey has fortified my understanding of ecological systems and legal frameworks. Beyond the classroom, my role as a fly-fishing guide in the outdoor industry has deepened my appreciation for the environment. Passionate about sustainability, I actively contribute to community initiatives. My combination of academic rigor, practical know-how, and a deep commitment to environmental harmony positions me as an ideal candidate. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. Mentoring with Big Sky Youth Empowerment (BYEP), I dedicate time to empower marginalized youth in our community. Through this engagement, I've gained firsthand insights into the challenges faced by diverse populations. Additionally, my experience as a substitute school teacher has allowed me to foster inclusivity within educational settings. These efforts reflect my commitment to DEI values, aligning with the City of Bozeman's emphasis on creating an equitable and diverse community. Page | 1 731 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Maren Youngquist * Phone (651) 724-4596 * Email maren@byep.org * Reference #2 Full Name JD Bingman * Phone (406) 581-7537 * Email fish@wildtroutoutfitters.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Will Shepard (Economic Vitality Board) Reached out and let me know he thought I would enjoy and be a good fit for the Sustainability Board Is there any other information that you feel we need to know? I am applying for the Sustainability Board as I feel passionately that this is where my skills and commitment to sustainability would be best suited. I did not see the option to select on the drop down menu however I see that 4 board member positions will be expiring on the 31st of December. Feel free to reach out to me at 303-775-4303 or terranwieder135@gmail.com If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 732 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, Transportation and Engineering Director SUBJECT:Appointment to the Transportation Board MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint two members to the Transportation Board for a term ending December 31, 2027. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Transportation Board has two position available due to expiration of initial appointed terms with terms ending December 31, 2027. The City Clerks' Office posted the vacant position online and ran a legal ad in the Bozeman Daily Chronicle. Applications were open and accepted until November 17, 2023. Three applications were received; all applicants are confirmed electors of the City in conformance with state statute regarding the requirements of members of a parking commission. An interview panel was held in conformance with Resolution 5323 consisting of the Staff Liaison, Nick Ross, the Board Chair, Kelly Pohl, and the Commission Liaison, Mayor Andrus. UNRESOLVED ISSUES:None ALTERNATIVES:As per the Commission FISCAL EFFECTS:None Attachments: 10-27-23 - CAB Applications - Hayden Glines.pdf 11-13-23 - CAB Applications - Pierce Teeuwen.pdf 11-20-23 - CAB Applications - Shannon Mahoney.pdf Report compiled on: December 28, 2022 733 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Hayden Glines * Residential Address 408 N Willson Ave Bozeman Montana 59715 * Primary Phone (916) 205-4072 * Current Occupation Product Management * Employer Gridwise * Email haydenglines@gmail.com Which position are you applying for? Transportation Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 1-5 years * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? N/A * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have a BA and MA in Transportation Planning from Portland State University. As a practitioner, I have more than 5 years of experience applying these principles and methods to communities across the West. My specialty as a consultant was to service communities in urban-rural interfaces with fewer than 100k residents. I have worked on over 20 Transportation Plans. I am an avid transportation nerd that still marvels at how different road designs can foster a sense of community. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. Growing up as a Hispanic guy, I was frequently one of the only non-Caucasian individuals in my classes or at my employers. I have always focused on expanding community engagement to community members outside of the “frequent flyers” at public meetings for public input on transportation improvements. This has been especially pertinent working in non-English speaking communities in mountain communities. These community members face unique transportation challenges. Page | 1 734 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Yetta Stein * Phone (406) 529-1682 * Email ystein@profitableideas.com * Reference #2 Full Name Ben Weyer * Phone (406) 209-1196 * Email benjamin.s.weyer@gmail.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? The City of Bozeman's website Is there any other information that you feel we need to know? Due to my extensive experience in the field applying these principles of land use planning, conservation, and transportation planning, I would be a tremendous asset in providing counsel to the City of Bozeman’s work as the broader community feels the strain of the tremendous growth that has gotten underway.Thoughtful, well-informed solutions to the mobility challenges that face Bozeman will go a long way in supporting retaining the charm and character of a small town as Bozeman grows. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 735 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Pierce Teeuwen * Residential Address 1126 N. 15 Ave. Unit 206 Bozeman MT 59715 * Primary Phone (817) 876-9154 * Current Occupation Associate Attorney * Employer Cook | Phelan Attorneys at Law * Email pierce@cooklawmt.com Which position are you applying for? Transportation Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? Less than 1 year * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? N/A * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I frequently work with property zoning and city easements, and while not specifically applicable, I feel it provides a general overview of city organization and development. I've studied and have an acute interest in Land Use and development. I am passionate and eager to help protect Bozeman's beauty through forward-thinking development--I believe transportation to be an integral ingredient in this City's maturation. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. In Law School I was recognized for my Pro Bono efforts, being awarded the Legal Aid of Arkansas Student of the year award, and was recognized by my school for over 100 hours of free legal service. I also joined the student groups National Black Law Student organization to encourage diversity in the legal field. DEI is something I deeply promote as I think it stimulates engaging and thoughtful discussion regarding for city development that is wholistic in nature. Page | 1 736 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Deejay Cook * Phone (530) 263-6752 * Email deejay@treelinecoffee.com * Reference #2 Full Name Austin Olvera * Phone (214) 284-2774 * Email austinolvera@gmail.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Mike Veselik Is there any other information that you feel we need to know? I'm open to any questions. I have a strong passion for city development. Having lived in various cities that poorly managed their growth, I feel a strong passion to protect Bozeman's beauty while making the city accessible to all. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 737 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Shannon Mahoney * Residential Address 212 N Church Ave Bozeman Montana 59715 * Primary Phone (406) 580-7790 * Current Occupation teacher * Employer Headwaters Academy * Email shanooey@yahoo.com Which position are you applying for? Transportation Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? Transportation Advisory Board - 1 term * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have now served on the transportation advisory board for a term, and it is obvious to me that I don’t know city planning theory and the acronyms of transportation nearly as well as other board members. However, what I bring to the table is personal knowledge of our bike routes and paths. I bike 5-10 miles every day year round to get to and from work and to other places, and I have been transporting myself that way here for the past twenty years. I also used Streamline for many years while I ta * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. As a teacher, I have participated in countless professional development opportunities about diversity and inclusion. I just registered through OPI for another diversity workshop in two weeks. Page | 1 738 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Susan Riggs * Phone (406) 579-5844 * Email susan.k.riggs@gmail.com * Reference #2 Full Name Gennifre Hartman * Phone (406) 585-9997 * Email gennifreh@headwatersacademy.org * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? I have been serving on the board and my term is up Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 739 Memorandum REPORT TO:City Commission FROM:Mitch Overton, Parks and Recreation Director SUBJECT:Appointments to the Urban Parks and Forestry Board MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint up to four members to the Urban Parks and Forestry Board to a term ending December 31, 2025. I move to appoint [INSERT NAME] as the Chair, and [INSERT NAME] as the Vice-chair. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Urban Parks and Forestry (UPF) Board has four positions available due to expiration of terms. The new terms expire December 31, 2025. The City Clerks Office posted the vacant position online and ran a legal ad in the Bozeman Daily Chronicle. Applications were open and accepted until November 17, 2023. Four applications were received. An interview panel was held in conformance with Resolution 5323 consisting of the Staff Liaison, Mitch Overton, and the Commissioner Liaison, INSERT NAME HERE. The roles of Chair and Vice-chair will also need to be designated for the new term. UNRESOLVED ISSUES:None ALTERNATIVES:As per the Commission FISCAL EFFECTS:None Attachments: 05-07-23 - CAB Applications - Madisynn Weber.pdf 09-05-23 - CAB Applications - Teri Lumsden.pdf 11-13-23 - CAB Applications - Angie Kociolek.pdf 740 11-17-23 - CAB Applications - Dan Fenn.pdf Report compiled on: August 31, 2023 741 From:City of Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Sunday, May 7, 2023 8:49:53 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Citizen Advisory Board Application Submission #:2418323 IP Address:153.90.17.47 Submission Date:05/07/2023 8:49 Survey Time:16 minutes, 47 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name Madisynn Weber Residential Address 300 Toledo St. Billings, MT 59101 Primary Phone 3074313625 Additional Phone Current Occupation Student at Montana State University/ Resident Advisor/ Research Assistant Employer Montana State University - Bozeman Email madisynn.weber@gmail.com Which position are you applying for? Urban Parks & Forestry Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 742 1-5 years Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? N/A Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I am a current Senior at Montana State University - Bozeman studying Environmental Science and German Studies. During my collegiate career, I have worked as a Resident Advisor in the Residence Halls across campus, was a student associate at the MSU Leadership Institute, and worked as a summer Research Assistant with LRES professors on campus working with the Montana Consortium for Research on Environmental Water Systems, and I seek to expand my involvement with the Bozeman community. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. As a Resident Advisor at Montana State University, I actively work with resources across campus to provide resources to my residents to make the community an accepting place. Some of the resources on campus I have partnered with as a resident advisor include; the VOICE center, Diversity and Inclusion Student Commons, and Counseling and Psychological Services. I also volunteered in May 2022 working for migrant shelters in Nogales, Mexico with a program through ASMSU. References Read-Only Content Reference #1 Full Name Rebecca Hurst Phone 4069944548 Email rebecca.hurst@montana.edu Section Break Reference #2 Full Name Hunter Young Phone 4067941382 Email hunter.young1@montana.edu The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Rebecca Hurst - Teaching Assistant at Montana State University Is there any other information that you feel we need to know? I have been involved in several sustainability focused clubs/volunteering on campus including: Citizens' Climate Lobby, Campus Climate Coalition, and served as a team leader for conservation work done at South Beach State 743 Park in Newport, Oregon. This summer I will working on research on carbon storage in agricultural/wetland soils in the Blackfeet Nation over by Glacier National Park. Read-Only Content Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 744 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Teri Lumsden * Residential Address 2987 Westwind Way Bozeman Montana 59718 * Primary Phone (406) 599-3790 * Current Occupation professional * Employer Fay Ranches * Email teriplumsden@gmail.com Which position are you applying for? Urban Parks & Forestry Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 6-10 years * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? Impact Fee Advisory Board - one term * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. Although I chose a different career path, my family has a long history in natural resources, botany, and wildland fire. I reflect my upbringing through understanding environmental issues and daily recreation on public lands - walking, hiking, biking, and enjoying open space. My best method to relax is to walk in clean air, through parks or forests on trails with my dog. I believe our open spaces should be managed and conserved, where necessary, for future generations. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I am a constant reader. I purposely chose subject matter to enhance my understanding of others and many different topics. Conversation and listening to each other lead to a greater understanding of each other. I have participated in many emotional intelligence and diversity training sessions. Each session provided additional insight in which I adjusted my personal actions and view of the world. Page | 1 745 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Lori Johnson * Phone (406) 599-0819 * Email loribob@bresnan.net * Reference #2 Full Name Robb Miller * Phone (312) 919-7781 * Email robbmiller12@gmail.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? social media Is there any other information that you feel we need to know? I'm an active Bozeman Sunrise Rotary Club member with current and past chair positions. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 746 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Angie Kociolek * Residential Address 620 N Tracy Ave Bozeman MT 59715 * Primary Phone (406) 209-2570 * Current Occupation Licensed Acupuncturist * Employer self * Email dangie@me.com Which position are you applying for? Urban Parks & Forestry Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? RPAB ~ 2yrs and UPF ~2 yrs * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I've served as UPF Chair for the past two years. Under my leadership, the UPF was asked to recommend the PRAT Plan. Broad in scope and intended to guide the Parks Department for the next ten years, the draft required many review hours and special meetings' worth of amendments. We ultimately helped craft the plan we recommended to the Commission. With two years under our belts, the UPF is ready to make more contributions but we have too many vacancies. I want to help the UPF remain viable. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. The PRAT Plan was, in large part, guided by DEI principles to ensure equitable access and foster belonging for everyone in our community. Personally, I believe DEI grows from getting to know people outside of our bubbles. I am currently on extended travel in Mexico with my son to help expose him to another culture and get to know our neighbors south of the border as people and fellow citizens of the world. Page | 1 747 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Mitch Overton * Phone (406) 582-3222 * Email MOverton@BOZEMAN.NET * Reference #2 Full Name Addi Jadin * Phone (406) 582-2908 * Email addi.jadin@gmail.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? I'm currently on the board Is there any other information that you feel we need to know? I intend to stay engaged working for the greater good for the City of Bozeman. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 748 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Dan Fenn * Residential Address 2108 Boylan Road Bozeman Montana 59715 * Primary Phone (202) 550-2253 * Current Occupation Philanthropy * Employer Beyond Carbon Fund/Action Fund (fiscally sponsored project of the New Venture Fund, supported by Bloomberg Philanthropies)) * Email fenn.dan@gmail.com Which position are you applying for? Urban Parks & Forestry Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 1-5 years * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? Urban Parks and Forestry Board, December 2021-present * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have been lucky to serve on the Urban Parks and Forestry Board and have found the experience rewarding and fun. I have spent my career in public policy and philanthropy related to conservation and environmental issues, which gives me a unique perspective on the functions, impacts and management of Bozeman's Parks and Recreation and Forestry Departments. Coupled with being a frequent park and trail user in Bozeman often with my 5 year old in tow, I believe I remain a good fit for the UPF board. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. For over a decade I've worked to increase diversity in the grantmaking organizations I have worked in. Those efforts have been both successful and illuminating of how much work remains to be done in philanthropy and more broadly. In Bozeman - some progress has been made and the recent PRAT plan incorporated more diverse perspectives, and it showed that real inequities exist within the parks system. Fixing those inequities will not be easy, but needs to remain a focus going forward. Page | 1 749 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Niki Hawthorne * Phone (720) 917-6054 * Email niki.hawthorne@gmail.com * Reference #2 Full Name Shara Kaplin * Phone (202) 494-7404 * Email shara@wcfnd.org * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? From my service on the board Is there any other information that you feel we need to know? I have really enjoyed serving on the UPF board over the last two years and would really love to continue being apart of the board! If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 750 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Downtown Bozeman Partnership SUBJECT:Appointments to the Downtown Urban Renewal District Board MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint one Voting Mayoral Appointment, term expiring June 20, 2027 and one Non-voting Mayoral Appointment, term expiring June 30, 2026 to the Downtown Urban Renewal District Board. I move to designate ____ as the Chair of the Downtown Urban Renewal District Board. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Downtown Urban Renewal District Board has one vacant, non-voting Mayoral Appointment and one voting Mayoral Appointment that is currently held by the Chair of the Board due to term expiration. The City Clerks' Office posted the notice of positions online and ran a legal ad in the Bozeman Daily Chronicle. Applications were open and accepted until December 6, 2023. We received three applications for the posted vacancies. An interview with the applicants was held by Mayor Cyndy Andrus. The role of Chair will also need to be designated. The Commission Liaison to this Board, will be designated at the assignment of Commission Liaisons at a future City Commission meeting. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Mayor Andrus and Commissioners. FISCAL EFFECTS:None Attachments: 06-20-23 - CAB Applications - Bobbie Bear.pdf 10-10-23 - CAB Applications - Amy Horton.pdf 10-10-23 - CAB Applications - Sky Cook.pdf 751 12-05-23 - CAB Applications - George (Jake) Van Dusen.pdf Report compiled on: August 31, 2023 752 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Bobby Bear * Residential Address 318 N Bozeman Ave Bozeman MT 59715-3660 * Primary Phone (406) 570-3971 * Current Occupation Retired * Employer MSU - Energy Research Institute * Email bobbybear406@gmail.com Which position are you applying for? Downtown Urban Renewal District Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? Bozeman, 27 years, DURD * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I am a finance professional who has had managerial roles at MSU, a local travel company and several local and national banks. I have been a member of the DURD board for 27 years, the last 10 of which as chairperson. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. As a young woman working in commercial banking in Philadelphia I experienced discrimination in pay and opportunity within the organization. I am acutely aware of how people are treated differently and have spent my career trying to see that everyone is treated equally and with justice. References Page | 1 753 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Carson Taylor * Phone (406) 579-6423 * Email carsongtaylor@gmail.com * Reference #2 Full Name Jennifer Madgic * Phone (406) 582-9544 * Email jmadgic@bozeman.net * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? I am currently a member of this board. Is there any other information that you feel we need to know? Six months ago we had a turnover of three members of the board, which resulted in some new energy and ideas for the DURD. Recently one of these new members resigned for personal reasons. If reappointed I would like to step back from the Chair position and continue as a voting member in a Senior Elder type of position. Bozeman is changing rapidly and I feel that some institutional knowledge will go a long way in helping this board navigate our future. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 754 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Amy Horton * Residential Address 3462 TSCHACHE LANE BOZEMAN MONTANA 59771 * Primary Phone (909) 997-1257 * Current Occupation Manager * Employer Robin Bar, Inc. * Email amy@thebaxterhotel.com Which position are you applying for? Downtown Urban Renewal District Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I manage the real estate and hospitality businesses at the Baxter, provide oversight at other properties in the valley, and am a partner in two businesses. I have worked with a wide variety of companies and individuals including locals and tourists in wedding and events, tenants and owners in property management, residential and commercial construction projects, and collaborated with nonprofits all with a commitment to preserve downtown and make a positive impact in the Bozeman community. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I have served on a diverse collection of committees, including the Bozeman Chamber, Bozeman BPW, MSU - Chi Omega, One Valley’s 1st Giving Circle - WWW, Prospera Business Network & Montana Women's Business Center, and the Gallatin County Licensed Beverage Association. Serving in a leadership role in these various organizations has allowed me to work alongside individuals with varying socioeconomic backgrounds, personal values, and community expectations. Page | 1 755 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Suzi White * Phone (406) 548-6835 * Email suzi.white@ourbank.com * Reference #2 Full Name Babs Noelle * Phone (406) 522-8844 * Email babs@alarajewelry.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Ellie Staley Is there any other information that you feel we need to know? I have spent years interacting with and developing relationships with tenants, customers, residents, businesses, and neighbors, who provide me with excellent insight and perspective. All companies and neighbors within the Baxter, Downtown, and the surrounding neighborhoods are heavily impacted by the work and policies of the DURD. I look forward to the possibility of serving on the DURD and assisting in maintaining the vitality of Downtown Bozeman, the City of Bozeman, and the Gallatin Valley. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 756 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Sky Cook * Residential Address 3184 Tschache lane Bozeman MT 59718 * Primary Phone (406) 922-7129 * Current Occupation Architect * Employer Cushing Terrell * Email skycook@cushingterrell.com Which position are you applying for? Downtown Urban Renewal District Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have lived, explored, and worked in Bozeman for the past two decades and love this place! My office is downtown and am an active community member embracing the future and opportunities of the economic development that surrounds us. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I serve on my companies internal steering committee helping to guide some of our engagements related to this topic. I have also participated in some trainings facilitated by a third party group around this topic. References Page | 1 757 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Courtney Foster * Phone (406) 606-9551 * Email courtney@courtneyfoster.com * Reference #2 Full Name Jim Beal * Phone (406) 896-6196 * Email JimBeal@cushingterrell.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Ellie Staley Is there any other information that you feel we need to know? Thanks for considering my application. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 758 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name George (Jake) Van Dusen * Residential Address 800 South 3rd Bozeman MT 59715 * Primary Phone (406) 570-5338 * Current Occupation VDC Manager * Employer Dick Anderson Construction * Email gjakevandusen@gmail.com Which position are you applying for? Downtown Urban Renewal District Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? Non Voting URD * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I am interested in filling the new 3-year term and the URD Chair position. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I am interested in filling the new 3-year term and the URD Chair position. References Page | 1 759 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Tony Renslow * Phone (406) 581-3455 * Email tony@therenslowgroup.com * Reference #2 Full Name DeeJay Newell * Phone (530) 263-6752 * Email deejay@treelinecoffee.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? I currently sit on the URD Board Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 760 Memorandum REPORT TO:City Commission FROM:Emily Cope, Downtown Bozeman Partnership SUBJECT:Appointments to the Downtown Bozeman Business Improvement District Board MEETING DATE:December 19, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint two at-large members to the Downtown Bozeman Business Improvement Board for terms ending June 30, 2027. I move to appoint one at-large member to the Downtown Bozeman Business Improvement Board for term ending June 30, 2024. I move to designate ____ as the Vice-chair of the Downtown Bozeman Business Improvement Board. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Downtown Bozeman Business Improvement District has three positions available, two due to the expiration of terms and one due to a vacant position. Two of the new terms will end June 30, 2027 and the vacant position will expire June 30, 2024. The City Clerks' Office posted the notice of positions online and ran a legal ad in the Bozeman Daily Chronicle. Applications were open and accepted until November 17, 2023. Five applications were received. Two applications were received that did not meet the qualification of owning property within the BID District, Heather Ford and Rory Sandoval. An interview panel was held in conformance with Resolution 5323 consisting of the Staff Liaison- Emily Cope, Board Chair- Eric Bowman, and the Commission Liaison- Terry Cunningham. The role Vice-chair will also need to be designated for the new period. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. 761 FISCAL EFFECTS:None Attachments: Eric Sutherland.pdf Erik Nelson.pdf Mark Kehke.pdf Report compiled on: November 30, 2023 762 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Eric Sutherland * Residential Address 7085 Bristol Lane Bozeman MT 59715 * Primary Phone (406) 548-8842 * Current Occupation Real Estate * Employer 360 Commercial * Email eric@360commercialmanagement.com Which position are you applying for? Bozeman Downtown Business Improvement District Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) No How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? BID Board - 7 years * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I am a current BID board member. I am an owner in 3 downtown commercial properties. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. N/A References Page | 1 763 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Jason Parks * Phone (406) 580-4758 * Email jason@360commericalmanagement.com * Reference #2 Full Name Eric Bowman * Phone (406) 587-5405 * Email eric@owenhouse.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Emily Cope Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 764 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Erik Nelson * Residential Address 1112 South Willson Avenue Bozeman Default 59715 * Primary Phone (406) 539-1176 * Current Occupation Architect/ Developer * Employer Nest Partners * Email erik@nest-partners.com Which position are you applying for? Bozeman Downtown Business Improvement District Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? Impact Fee Advisory Board 1 yr, NEURB 5 yrs, BID 2015 to current * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. My continued engagement in the community from a design and development perspective provides a balanced perspective to the board. Ownership in several business and properties in the downtown places me as a good constituent representative. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. As a business owner (Lark and Rialto ) we continue to look at creating more diversity in personal businesses as well as see it as a valued agenda. References Page | 1 765 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Chris Naumann * Phone (406) 570-5758 * Email cnaumann@sandersonstewart.com * Reference #2 Full Name Terry Cunningham * Phone (406) 595-3295 * Email tcunningham@bozeman.net * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? currently serving Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 766 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Mark Kehke * Residential Address 127 River Keep Road Belgrade Montana 59714 * Primary Phone (406) 539-2795 * Current Occupation Investor * Employer Pacific Ventures Management * Email mkehke@pacv.com Which position are you applying for? Bozeman Downtown Business Improvement District Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) No How long have you lived in the Bozeman Area? 6-10 years * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have been active in the City and Downtown issues for many years. I am a real estate investor and developer and care deeply about our Downtown * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. When I was the Chairman of the Board of the Gallatin Valley Land Trust I also chaired our DEI outreach committee and learned much about DEI issues in Bozeman. References Page | 1 767 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Rob Pertzborn * Phone (406) 582-9899 * Email rpertzborn@intrinsikarchitecture.com * Reference #2 Full Name Randy Scully * Phone (406) 586-8857 * Email randy@scullywestproperties.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? I was asked to consider applying by Emily Cope from the BID Is there any other information that you feel we need to know? We own the building at 23 East Main Street. Following our acquisition of the building we performed a complete restoration and addition to the building to expand and enhance the character and offerings in the downtown. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 768 Resolution 2023-2 Gallatin Valley Sensitive Lands Protection Plan Page 1 of 3 COMMUNITY DEVELOPMENT BOARD RESOLUTION 2023-2 A RESOLUTION OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF BOZEMAN, MONTANA, RECOMMENDING ACCEPTANCE OF THE GALLATIN VALLEY SENSITIVE LANDS PROTECTION PLAN, AS REQUIRED BY THE MONTANA LAND USE PLATTING ACT WHEREAS, the City of Bozeman Community Development Board has been created by Resolution 5330 of the Bozeman City Commission as provided for in Title 76, M.C.A.; and, WHEREAS, the Community Development Board was designated as the Planning Commission by Commission Resolution 5534 on October 2, 2023; and, WHEREAS, Sections 4 and 16 of the Montana Land Use Planning Act, M.C.A. states that the Planning Commission is responsible to review and make recommendations to the City Commission regarding land use and issue plans; and, WHEREAS, Section 6.6 of the City’s adopted Strategic Plan calls for working with partner organizations to identify at-risk, environmentally sensitive parcels that contribute to water quality, wildlife corridors, and wildlife habitat; and, WHEREAS, Goal EPO-1.5 of the Bozeman Community Plan 2020 calls for working with partner organizations to identify and reduce impacts on at-risk, environmentally sensitive areas that contribute to water quality, wildlife corridors, or wildlife habitat, specifically wildlife habitat as we continue outward growth; and, WHEREAS, Goal RC-2.3 of the Bozeman Community Plan 2020 calls for identifying, mapping, and utilizing geographic information systems (GIS) data to locate and monitor developments on environmentally sensitive and hazard-prone areas along with non-profit and agency partners; and, WHEREAS, constituents from a variety of governmental and not-for-profit entities collaborated to develop the Gallatin Valley Sensitive Lands Protection Plan (Plan) which is organized around the themes of Wildlife and Biodiversity, Connectivity, Agricultural Heritage, and Water Quality and Quantity; and, WHEREAS, the Montana State Legislature passed the Montana Land Use Planning Act in the 2023 session which Act replaces all prior land use planning authority exercised by the City; and, WHEREAS, the Montana Land Use Planning Act requires the Planning Commission to review all issue plans for consistency with the growth policy and make a recommendation to the City Commission; and, DocuSign Envelope ID: 269F1177-7864-4D1E-9510-084A4BDA2E4B 677769 Resolution 2023-2 Gallatin Valley Sensitive Lands Protection Plan Page 2 of 3 WHEREAS, the Strategic Services Department in conjunction with the selected contractor undertook a wide variety of public outreach events and practices to encourage public input and participation in the drafting of the plan; and, WHEREAS, public comments were incorporated throughout the course of developing a draft of the document; and, WHEREAS, opportunity for public comment and review of the draft of the document was made available electronically through the gallatinvalleyplan.bozeman.net website throughout the course of the project as well as in person meetings and events; and, WHEREAS, the City is conducting a public review and accepting public comment on the draft Gallatin Valley Sensitive Lands Protection Plan to receive and review all written and oral testimony on the issue plan prior to making a recommendation to the City Commission; and, WHEREAS, the recommendation of the Planning Commission regarding compliance of the draft issue plan with the growth policy is important information for the City Commission to consider, a notice of consideration of the issue plan by the Planning Commission has been advertised for the date of December 4, 2023, to receive and review all written an oral testimony of the draft update of the issue plan; and, WHEREAS, Staff presented a summary description of the issue plan and answered questions for the Planning Commission after which the public was invited to give testimony; and, WHEREAS, the Planning Commission considered all written comments they had received during the public comment period prior to and on December 4, 2023; and, WHEREAS, the Planning Commission discussed the issues raised in the public comment and the requirements of the law; and, WHEREAS, a motion was made to recommend acceptance of the issue plan; NOW THEREFORE, BE IT RESOLVED that the Community Development Board recommends acceptance by the Bozeman City Commission of the draft Gallatin Valley Sensitive Lands Protection Plan: Passed and adopted by the Community Development Board of the City of Bozeman, Montana, at a session held on the 4th day of December 2023. DocuSign Envelope ID: 269F1177-7864-4D1E-9510-084A4BDA2E4B 678770 Resolution 2023-2 Gallatin Valley Sensitive Lands Protection Plan Page 3 of 3 ______________________________________ Henry Happel, Chair Community Development Board ATTEST: ___________________________ Anna Bentley, Community Development Director City of Bozeman DocuSign Envelope ID: 269F1177-7864-4D1E-9510-084A4BDA2E4B 679771