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HomeMy WebLinkAbout09-24-24 City Commission 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 or Mindfulness C. Changes to the Agenda D. FYI E. Commission Disclosures F. Consent F.1 Accounts Payable Claims Review and Approval (Armstrong) F.2 Authorize the City Manager to Sign a Memorandum of Understanding with the Western Transportation Institute for 2024 through 2026 for program and project assistance related to transportation demand management and active transportation safety.(Mastel) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, September 24, 2024 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to comments@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the meeting. At the direction of the City Commission, anonymous public comments are not distributed to the City Commission or staff. 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 F.3 Authorize the City Manager to Sign a Termination Agreement Between the City of Bozeman and the Bozeman Sports Parks Foundation(Overton) F.4 Authorize the City Manager to Sign an Agreement Between City of Bozeman and the Bozeman Sports Parks Foundation, Inc. for the Financing and Construction of an Additional Turf Field at the Bozeman Sports Park(Overton) F.5 Resolution 5635 Intent to Modify Special Improvement Lighting District 766 for Northwest Crossing Ph 1 & 2.1 to include 2.2 and 2.3(Hodnett) F.6 Resolution 5637 Intent to Create a Special Improvement Lighting District 787 for Homestead at Buffalo Run(Hodnett) F.7 Resolution 5641 Intent to Create a Special Improvement Lighting District 788 for Hyatt House Hotel Bozeman.(Hodnett) F.8 Ordinance 2162, Final Adoption, Revising Speed Limits on West Graf Street, West Oak Street, West Kagy Boulevard(Ross) F.9 Ordinance 2170, Final Adoption, Rezoning A Tract of Land in the SW 1/4 NW 1/4 of Section 24, Township 02S, Range 05E from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use District) Containing 9.26 Acres, and B-2M (Community Business District Mixed) Containing 9.12 Acres. The South Range Crossing II Zone Map Amendment, Application 24196.(Cramblet) G. Consent II: Items Acted Upon Without Prior Unanimous Approval G.1 Final Adoption of Ordinance 2166 Prohibiting Trapping on City Land in the Bozeman Creek Watershed(Sullivan) H. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission I. Special Presentation I.1 2024 Disability Community Chats Presentation(Newman, Clark) I.2 2022 Greenhouse Gas Emissions Inventory Report (Meyer) J. Action Items 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 state whether you are a resident of the city or a property owner within the city 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. 2 J.1 The Rest Stop Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning from M-1 (Light Manufacturing District) to B-2 (Community Business District) Containing Approximately 10.05 Acres. The Property is Located on the East Side of North 19th Avenue, South of the 19th Avenue/Springhill Road Offramp off Interstate 90 Interchange and North of Simmental Way, Application 24185.(Saunders) J.2 Resolution 5611 Annual Lighting Assessments for Fiscal Year 2025 (Hodnett) J.3 Resolution 5613 to Assess Delinquent Water, Sewer, Stormwater, Garbage and Recycling Charges(Hodnett) J.4 Resolution 5614 Levy and Assess Delinquent Snow Removal Charges (Hodnett) K. Appointments K.1 Appointments to the City-County Board of Health (Maas) K.2 Appointment to the Board of Ethics (Maas) L. FYI / Discussion M. Adjournment Consider the motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 24185 and move to approve the Rest Stop Zone Map Amendment subject to contingencies required to complete the application processing. Consider the Motion: I move to approve Commission Resolution No. 5611. Consider the Motion: I move to approve Commission Resolution No. 5613. Consider the Motion: I move to approve Commission Resolution No. 5614 to levy and assess Delinquent Snow Removal Charges. Consider the Motion: I move to appoint one City Commission appointee to a term ending June 2025 and one appointee to a term ending June 2026. Consider the Motion: I move to appoint one member to the Board of Ethics with a term expiring July 31, 2026. City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our Acting ADA Coordinator, Max Ziegler, at 406.582.2439. Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 3 Memorandum REPORT TO:City Commission FROM: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:September 24, 2024 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. Please provide approval for checks dated September 25th, 2024. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at https://www.bozeman.net/departments/finance/purchasing. Report compiled on: August 21, 2024 4 Memorandum REPORT TO:City Commission FROM:Candace Mastel, Transportation Demand Management Coordinator Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Memorandum of Understanding with the Western Transportation Institute for 2024 through 2026 for program and project assistance related to transportation demand management and active transportation safety. MEETING DATE:September 24, 2024 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to Sign a Memorandum of Understanding with the Western Transportation Institute for 2024 through 2026 for program and project assistance related to transportation demand management and active transportation safety. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The City of Bozeman and the Western Transportation Institute (WTI) have been partnering on transportation demand management, Safe Routes to Schools, and active transportation safety programs since 2017. WTI also provides supplemental funding and staff support as contribution to the overall effort of the programs and projects. This partnership has been memorialized through a Memorandum of Understanding, most recently since 2022. The MOU identifies tasks that the two entities will partner on in addition to a break out of the funding provided for this effort. The City has budgeted for the implementation over the next two years through the adopted FY25-26 Biennium Budget. This proposed MOU for 2024 through 2026 would facilitate continuing these valuable programs and projects through this renewed formalized partnership and contains no material alternations to responsibility from previous MOUs. UNRESOLVED ISSUES:None. ALTERNATIVES:As per City Commission. FISCAL EFFECTS:$26,000.00 in annual funding support for the initiatives identified in the 5 Memorandum of Understanding have been budgeted in the FY25-26 Biennium Budget. Attachments: TDM MOU_2024_Final Draft.docx Report compiled on: September 9, 2022 6 1 MOU for Transportation Demand Management Initiative 2024-2026 This Memorandum of Understanding ("MOU") is by and between the City of Bozeman ("City") and The Western Transportation Institute at Montana State University (“WTI/MSU”); each entity referred to as a "Party" to this MOU, and together these entities are referred to as the "Parties." WHEREAS: The Parties recognize the significant growth in population in the area, and recognize the growth in traffic (vehicle miles traveled "VMT", number of vehicles using area streets/road); and WHEREAS: The Parties desire to address the growth in traffic through a variety of methods, including the implementation of Transportation Demand Management (TDM) practices; and WHEREAS: Transportation Demand Management (TDM) is defined as a strategy used to balance the need for transportation improvements with management of the demand on the transportation system; and WHEREAS: The work to be conducted under this MOU consists of community outreach/engagement, data analysis and reporting, strategies to alleviate or reduce the need to construct new facilities or alter existing facilities to address increasing demand on such facilities caused by new development within the City, and providing support for the City’s Safe Routes to Schools initiatives; and WHEREAS: The Parties recognize the benefit of continuing to create and implement “TDM Initiative 2024-2026” as tools to achieving goals that have been identified and adopted in multiple City of Bozeman planning documents. A separate MOU exists that includes Ride Amigos/GoGallatin Funding and Software Platform Administration, which is related to this effort. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Term & Termination: The term of this agreement shall be for a period of two (2) years, unless earlier terminated by either Party upon sixty (60) days’ notice. Funding: The City will annually contribute funds to the budget of the TDM Initiative 2024-2026 if appropriated by the Bozeman City Commission. For the Fiscal year 2025, starting September 1, 2024, the City will contribute up to $26,000 and may continue with a similar funding level in 2026. These City funds can serve as match for WTI/MSU’s Rural Safety Center programs. 7 2 History/Background: WTI/MSU has been a partner with the City of Bozeman on the TDM Initiative starting in 2017. This MOU allows WTI/MSU to continue to partner with the City of Bozeman to advance TDM initiatives for two additional years. WTI/MSU shall: 1. Hire staff or direct current staff to conduct all aspects of the work necessary as part of the TDM Initiative 2024-2026.These staff will be employed by the Mobility and Public Transportation Program at WTI/MSU. New or existing staff will be subject to the terms and provision of employment applicable to employees of WTI/MSU and as such are not employees of the City nor subject to the City’s employment policies. WTI/MSU employees working on the TDM Initiative are not authorized to represent the City or otherwise bind the City in any dealings between the City and any third parties. David Kack, Manager of the Mobility and Public Transportation Program, or his successor, will be direct supervisor of all WTI/MSU employees working on the TDM Initiative. 2. Assign WTI/MSU staff working on the TDM Initiative to co-develop an annual workplan that outlines TDM strategies to be conducted in partnership with the City’s TDM Coordinator to reduce traffic levels or the level of increase in traffic levels, in the greater Bozeman area, per the following scope of work. Scope of Work: 1. Continue to partner with Bozeman School District and other private schools to engage students, staff, and parents in Safe Routes to Schools (SRTS) Six E’s interventions in partnership with the City. This includes evidence-based education, encouragement, and engagement activities, plus engineering and evaluation initiatives that focus on transportation equity for people belonging to underserved groups. 2. Assist with grant research and writing for grants to support TDM related work. 3. Other services as deemed necessary or helpful to advancing the City of Bozeman’s transportation goals. Work Product: MSU will retain right, title and interest, including the right of copyright, in all work reduced to writing or fixed in any media (including reports, articles, photographs, recordings, data, computer programs and related documentation) authored solely by MSU employees under this agreement. The City shall retain the same rights to work authored solely by its employees and agents. The Parties will jointly own any work jointly authored under this agreement. MSU grants the City a perpetual, in-evocable, royalty free right to reproduce, publish, access data, or otherwise use and authorize others to use all work authored by it and produced under this contract. The City grants MSU a perpetual, irrevocable, royalty free right to reproduce, publish, 8 3 access data, or otherwise use and authorize others to use all work authored by it and produced under this contract. Liability: Each party hereto agrees to be responsible and assume liability for its own wrongful or negligent acts of omissions, or those of its officers, agents or employees to the full extent required by law. Each party agrees to maintain reasonable coverage for such liabilities either through commercial insurance or a reasonable self- insurance mechanism, and the nature of such insurance coverage or self-insurance mechanism will be reasonably provided to the other party upon request. Montana State University, as a state agency, warrants and represents that it is self- funded for liability insurance, both public and property, with such protection being limited to the officers, employees, servants and agents of Montana State University while acting within the scope of their employment. The parties further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Montana; (2) the consent of the State of Montana or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Montana beyond the waiver provided in Title 2, Ch. 9, Montana Codes Annotated. Each Party will specify an individual to represent the entity regarding this MOU. This MOU, effective upon signature by the Parties, may be modified through written agreement by the Parties. Signatures: _________________________________________________________________ City of Bozeman Date _________________________________________________________________ Western Transportation Institute at Montana State University Date 9 Memorandum REPORT TO:City Commission FROM:Mitch Overton, Parks and Recreation Director SUBJECT:Authorize the City Manager to Sign a Termination Agreement Between the City of Bozeman and the Bozeman Sports Parks Foundation MEETING DATE:September 24, 2024 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to sign the Termination Agreement between the City of Bozeman and the Bozeman Sports Parks Foundation. STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:On June 18, 2018 the City of Bozeman and The Bozeman Sports Parks Foundation (BSPF) entered into a five year agreement for management, operations, and use of the Bozeman Sports Parks. Prior to the renewal of this agreement the BSPF and athletic community experienced the unexpected passing of BSPF employee and Sports Parks Manager, Tony Rich. After a search and inability to fill the role the City of Bozeman Parks and Recreation Department stepped up to fill the void of management and operations of the Sports Parks. The Termination Agreement officially concludes the arrangement for the BSPF to manage and operate the Sports Parks and officially transfers the BSPF field operational assets to the City. This mutual separation allows for the BSPF to focus on philanthropy and Sports Parks build out while the Parks and Recreation Department manages operations and maintenance. UNRESOLVED ISSUES:none at this time ALTERNATIVES:third party management of Sports Parks management and operations. A contract such as this will take time to create and will result in a loss of revenue. FISCAL EFFECTS:The City of Bozeman Parks and Recreation Department is experiencing an increase in revenues by managing the Sports Parks operations. Those revenues are captured and utilized for the increase of staff, materials, equipment, and capital replacement costs at the Sports Parks. Attachments: 230613 BSPF Termination Contract-FINAL35 (002).pdf 10 18- Agreement - Bozeman Sports Parks Foundation, Inc. - Management, Operation, and Use of the Bozeman Sports Parks. signed.pdf Report compiled on: September 12, 2024 11 City – Bozeman Sports Park Foundation Termination Agreement -1- TERMINATION AGREEMENT BETWEEN THE CITY OF BOZEMAN AND THE BOZEMAN SPORTS PARKS FOUNDSATION, INC. This Termination Agreement (“Termination Agreement”) to terminate the Agreement between the City of Bozeman and the Bozeman Sports Parks Foundation, Inc. for the Management, Operation and Use of the Bozeman Sports Park (“Original Agreement”) is entered into on this ____ day of _______, 2023, 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 the Bozeman Sports Parks Foundation, Inc. a Montana 501(c)(3) nonprofit corporation, with a mailing address of PO Box 1126, Bozeman, MT 59771, hereinafter referred to as a “Foundation” and together with the City, the “Parties.” RECITALS The following recitals form the basis for the Parties’ intentions and as such are material to this Termination Agreement. WHEREAS, the Foundation was incorporated on October 20, 2014 as a Montana nonprofit corporation for the purposes of securing additional private and philanthropic support for the development of the Bozeman Sports Park and Bronken Field (collectively, the “Sports Parks”) and for the long-term management of the Sports Parks; and WHEREAS, on June 15, 2018, the Parties entered into the Original Agreement for regarding the management, operation, use, and maintenance of the Sports Parks attached hereto as Exhibit A including, but not limited to, scheduling field and facilities use, managing vendor relationships, collecting and managing user fees, and maintenance and repair; and WHEREAS, the Parties represent that each has the power and authority to enter into this Termination 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. The purpose of this Termination Agreement is to terminate the Original Agreement between the Parties that became effective on June 15, 2018, for the management, operation, use, and maintenance of the Sports Park. The Original Agreement is attached as Exhibit A and incorporated into this Termination Agreement. 2. Effective Date. This Termination Agreement is effective on June 15, 2023. 3. Mutual Termination. Unless otherwise specifically established in this Termination Agreement, the Parties mutually agree and consent to the termination of the Original DocuSign Envelope ID: F9666D90-1CD8-4288-A37D-10596F047064 27 June 12222 City – Bozeman Sports Park Foundation Termination Agreement -2- Agreement, resulting in the discharge of all remaining duties, obligations, and functions set forth in the Agreement. 4. Mutual Termination of Debt Repayment Agreement. As required by Section 3 of the Debt Repayment Agreement, attached as Exhibit B, and as further described in Section 1.2 of the Original Agreement, the Parties mutually agree to terminate the remaining duties, obligations, and functions established by the Debt Repayment Agreement. 5. Indemnity and Release. The Indemnity and Release provision, found in Section 8 of the Original Agreement, survives this Termination Agreement. 5.1 The Foundation agrees to indemnify, defend, and hold the City harmless from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out of, or incident to, negligent acts, errors, omissions, or willful misconduct by the Foundation or its officers, employees, or agents in the performance of the Original Agreement. 5.2 Unless otherwise agreed to in writing, both the City and Foundation shall be solely responsible for any contracts they enter into or other obligations or liabilities incurred by such party in connection with their respective roles under the Original Agreement and the Sports Parks. 5.3 The indemnification requirements of this Section shall survive the termination of this Agreement. 5.4 The Foundation’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by the City. 6. Transfer of Personal Property, Trade Fixtures, and Warranties. In consideration for the transfer of personal property, trade fixtures, and warranties, the City agrees to pay the Foundation a lump sum of one dollar ($1.00) for the purchase of all personal property and trade fixtures, including the equipment and inventory listed in attached Exhibit C. This Termination Agreement hereby transfers the above personal property to the City. The Foundation further agrees to assign and transfer to the City all of the Foundation’s right, title and interest in, to and under, any express or implied warranties associated with the personal property and trade fixtures. The Foundation agrees to complete any documentation that may be required by the warrantor(s) in order to legally transfer and assign any and all warranties to the City. The Foundation agrees to pay the cost of any fee required to transfer any warranty. DocuSign Envelope ID: F9666D90-1CD8-4288-A37D-10596F047064 13223 City – Bozeman Sports Park Foundation Termination Agreement -3- 7. Transfer of Funds. In the event the Foundation receives any funds or payments from Sports Park user groups, it agrees to transfer the monies already received by the Foundation to the City on or by June 30, 2023. The Foundation’s duty to transfer user group payments received by the Foundation after the date of this Termination Agreement continues until all such payments have been transferred to the City. 8. Surrender of the Premises. The Foundation agrees to relinquish all keys and key codes to the City no later than the effective date. Upon relinquishing keys and surrendering the Sports Park, the Foundation agrees that all fixtures and improvements must remain on the premises. 9. Miscellaneous. 9.1 Modification and Assignability. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Foundation may not assign its rights or obligations under this Agreement without the prior written consent of the City Commission. Any assignee will be bound by all of the terms and conditions of this Agreement. 9.2 Severability. If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 9.3 Applicable Law; Venue. The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. The Parties agree to personal jurisdiction in the courts of Gallatin County, Montana. 9.4 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. 9.5 Binding Effect. This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 9.6 Non-Waiver. A waiver by either Party of any default or breach by the other Party of any terms of conditions of this Agreement does not limit the other Party’s right to DocuSign Envelope ID: F9666D90-1CD8-4288-A37D-10596F047064 14224 City – Bozeman Sports Park Foundation Termination Agreement -4- enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 9.7 Notice. Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent by email with read-receipt requested or by United States certified mail, return receipt requested. 9.8 Attorney’s Fees and Costs. In the event it becomes necessary for either Party of 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 or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include the City Attorney. 9.9 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. 9.10 Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 9.11 Integration. This Agreement and all exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 9.12 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. CITY OF BOZEMAN BOZEMAN SPORTS PARKS FOUNDATION, INC. By: ________________________________ By: _____________________________ Jeff Mihelich, City Manager Print Name: ____________________ DocuSign Envelope ID: F9666D90-1CD8-4288-A37D-10596F047064 Brad Yeomans 15225 City – Bozeman Sports Park Foundation Termination Agreement -5- APPROVED AS TO FORM: By: ________________________________ Greg Sullivan, City Attorney DocuSign Envelope ID: F9666D90-1CD8-4288-A37D-10596F047064 16226 Agreement between City of Bozeman and the Bozeman Sports Parks Foundation, Inc. for Management, Operation, and Use of the Bozeman Sports Parks This Agreement between the City ofBozeman and the Bozeman Sports Parks Foundation, Inc. for the management,operation and use ofthe Bozeman Sports Parks(the"Agreement")is entered into this `day of )u,v 2018,between the City ofBozeman,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 the Bozeman Sports Parks Foundation, Inc., a Montana 501(c)(3) nonprofit corporation, with a mailing address of PO Box 1126, Bozeman, MT 59771, hereinafter referred to as "Foundation" and together with the City, the Parties." The Foundation and the City enter into this Agreement in consideration of the mutual covenants and agreements herein contained,the receipt and sufficiency whereof being hereby acknowledged. As such,the Parties agree as follows: RECITALS The following recitals form the basis for the Parties' intentions and as such are material to this Agreement. WHEREAS, on November 6, 2012 the voters of the City approved the creation of a bond fund for the acquisition, construction and maintenance of new parks, trails, open spaces, and multi-use recreation fields and facilities (the"TOP Bond Fund"); and WHEREAS, the Bozeman City Commission approved the conceptual plan and authorized up to 7,500,000 (seven million five hundred thousand dollars) of funding from the TOP Bond Fund to develop the Bozeman Sports Park with Resolution No. 4521 on April 7, 2014, which also authorized the City to enter into contracts with other persons or entities for development or management of any aspect ofdeveloping the Sports Park Project; and WHEREAS, the Foundation was incorporated on October 20, 2014 as a Montana nonprofit corporation for the purposes of securing additional private and philanthropic support for the development of the Bozeman Sports Park and for the long-term management of the Sports Parks; and WHEREAS, the City and the Foundation entered into an agreement dated February 23, 2015 Development Agreement") to establish the rights and responsibilities of the Parties related to funding, design, development, and construction of Phase 1 of the Bozeman Sports Park and to provide a framework for the Parties to collaborate on planning and developing future phases of the Bozeman Sports Park; and Operating Agreement with the Bozeman Sports Parks Foundation,Inc.for the Bozeman Sports Parks Page 1 of 15 17 WHEREAS, the City desires to permit the Foundation to manage, operate and use the Bozeman Sports Park and Bronken Field (collectively, the "Sports Parks") pursuant to the terms of this Agreement, and the Foundation desires to accept responsibility for such management and operation and to use the Sports Parks for the purposes described herein; and WHEREAS, on February 12,2018 the Bozeman City Commission adopted a motion to direct the City Manager to continue to work with the Foundation to develop agreement(s)that authorize the Foundation to collect user fees and operate the Sports Parks through a user group or management agreement for Commission approval at a future date, and to require the Foundation to pay an amount equal to the City's debt payments on a loan of up to $1,700,000 to construct sports fields and related infrastructure, including purchase of two turf fields; and WHEREAS, the Parties represent that each has the power and authority to enter into this Agreement, and the experience and ability to fulfill its obligations under this Agreement. Section 1. —Purpose; term and effective date; termination; extension. 1.1 Purpose. The purpose of this Agreement is to establish the rights and obligations of the Parties to each other regarding the management, operation, use, and maintenance of the Sports Parks with legal descriptions attached hereto as Exhibit A including, but not limited to, scheduling field and facilities use, managing vendor relationships, collecting and managing user fees, and maintenance and repair. 1.2 Incorporation of Debt Repayment Agreement. The terms of the Debt Repayment Agreement, attached hereto as Exhibit B,are hereby incorporated by this reference and made a part of this Agreement. 1.3 Term/Effective Date/Renewal. This Agreement is effective upon the date of its execution("Effective Date") and will terminate five (5) years after the Effective Date, unless earlier terminated as provided herein. This Agreement may be renewed for an additional five (5) year term by written agreement of the Parties, subject to renegotiation of the terms and conditions herein. Notice of nonrenewal shall be provided to the other party no less than 180 days prior to the termination of this Agreement. 1.4 Termination. a) For Convenience. The City may terminate this Agreement for any reason on 180 days' written notice to the Foundation. After receipt of notice of termination for the City's convenience, the Foundation will make every reasonable effort to refrain from incurring additional expenses or costs under this Agreement, and will not enter into any additional orders or contracts without the express written approval of the City. b) For Fault. If either Party fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, Operating Agreement with the Bozeman Sports Parks Foundation,Inc.for the Bozeman Sports Parks Page 2 of 15 18 and has not cured such breach within thirty (30) days of written notice of the breach, the non-breaching Party may, by written notice, terminate this Agreement effective immediately. c) Termination of this Agreement for any reason will also serve to terminate the Debt Repayment Agreement attached hereto as Exhibit B as of the effective date of termination of this Agreement. d) In the event of a termination pursuant to this Section 1.4, the Foundation will be entitled to a refund of any pre-paid use fees,prorated to the effective date of termination. e) The Foundation will pay to the City any revenues or other fees received by the Foundation pursuant to this Agreement after the effective date of termination within fifteen(15) days of receipt of such revenues or fees. f) Any termination provided for by this section shall be in addition to any other remedies to which the non-breaching Party may be entitled under the law or at equity. g) Neither Party shall be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost revenues damages of any nature arising, or claimed to have arisen, as a result of the termination. 1.5 Surrender of Possession; Removal of Personal Property. The Foundation agrees that upon termination of this Agreement it will surrender possession of all Sports Parks facilities and permanent fixtures installed by the Foundation in good, clean condition except for ordinary wear and tear, and will, within thirty (30) days after termination, remove any personal property, trade fixtures, equipment or other temporary installations. 1.6 Extensions. This Agreement may,upon mutual agreement ofthe Parties in writing,be extended to include operation of future phases of development beyond Phase I. Section 2.—Relationship of Parties; Representatives. 2.1 No Partnership or Agency. Neither Party shall be considered a partner or agent of the other Party, and this Agreement does not create a partnership or principal-agent relationship between the Parties. Neither Party shall have any right,power or authority to create any obligation, expressed or implied, on behalf of the other Party. The cooperative effort between the City and Foundation does not create a separate legal entity and neither the Foundation nor the City shall have the right to bind the other Party vis a vis any third party. Operating Agreement with the Bozeman Sports Parks Foundation,Inc.for the Bozeman Sports Parks Page 3 of 15 19 2.2 Representatives. a) City: The City's Representative for the purpose of this Agreement shall be Mitch Overton(Parks and Recreation Director) or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to Mitch Overton as 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, the Foundation may direct its communication or submission to other designated City personnel or agents as listed above and may receive approvals or authorization from such persons. b) Foundation: The Foundation's Representative for the purpose of this Agreement shall be Tony Rich (Board Chair) or such other individual as the Foundation shall designate in writing. Whenever direction to or communication with the Foundation is required by this Agreement, such direction or communication shall be directed to Foundation's Representative; provided, however, that in exigent circumstances when Foundation's Representative is not available, City may direct its direction or communication to other designated Foundation's personnel or agents. Section 3.— Ownership; Improvements. 3.1 Ownership; Prohibition on Liens. The Sports Parks and all interests appurtenant thereto including water rights are owned by the City for the benefit of the public. The Foundation hereby acknowledges this Agreement grants a privilege and not an interest in the Sports Parks and the title of the City to the Sports Parks, and the Foundation agrees never to deny such title or claim, at any time, or claim any interest or estate of any kind or extent whatsoever in the Sports Parks by virtue of this Agreement or Foundation's use hereunder. The City may enter the Sports Parks at any time to assert its real property interest or for other purposes which do not unreasonably interfere with the activities of the Foundation authorized by this Agreement. Neither Foundation nor any contractor or subcontractor hired by or doing work on behalf of the Foundation shall have the right to file or place liens of any type or character upon the Sports Parks. 3.2 Improvements and Fixtures. a) Foundation shall not place or install personal property, trade fixtures, equipment or other temporary installations in the Sports Parks without prior written consent from the City. Any such improvements and equipment installed or placed by the Foundation in the Sports Parks that can be removed without Operating Agreement with the Bozeman Sports Parks Foundation,Inc.for the Bozeman Sports Parks Page 4 of 15 20 damage to the Sports Parks facilities shall remain the property of the Foundation. b) The Foundation will not make permanent improvements to or install permanent fixtures in the Sports Parks without prior written consent from the City. Any such permanent improvements must be constructed and/or installed to City standards and comply with all laws applicable to public projects, including procurement requirements, and the City must review and approve all contracts for permanent improvements. All such permanent improvements and fixtures are deemed to be part of the Sports Parks after completion of their construction and/or installation and will be the property ofthe City. Section 4.—Management, Operation, Scheduling and Use of Sports Parks. 4.1 Foundation's Responsibilities. The Foundation shall: a) Have sole responsibility, in accordance with this Section 4, for scheduling use of any portion ofthe Sports Parks including,but not limited to, all full or partial athletic fields and concessions facilities. b) Have the right, in accordance with Section 7 of this Agreement, to select, contract with, and coordinate vendors in support of events, games, practices, tournaments, and other activities at the Sports Parks. c) Prepare playing surfaces for practices, games, and tournaments. On all turf areas, approved athletic field water based paint will be applied instead of chalk. 4.2 Scheduling User Groups. The Foundation will establish non-discriminatory criteria for scheduling use of the Sports Parks. Prior to scheduling user groups, such criteria must be approved in writing by the City. In scheduling the sports fields and other facilities at the Sports Parks, the Foundation will apply the standards for issuance of reservation permits described in § 26.02.060,BMC. 4.3 User Agreements. The Foundation will require user groups reserving fields or other Sports Parks facilities to enter into a written agreement with the Foundation that includes, at a minimum, the following requirements: a) The general standards outlined in § 26.02.040.A, BMC. b) A security deposit in an amount agreeable to the City. Any security deposit collected by the Foundation will not be returned to the user group until it has been verified that no material violations ofthe user group agreement or any City regulations have occurred. The City may apply the security deposit received by the Foundation from the user group to repair and/or replace turf, irrigation heads, fencing, or other Sports Parks amenities damaged through the user group's misuse. Operating Agreement with the Bozeman Sports Parks Foundation,Inc.for the Bozeman Sports Parks Page 5 of 15 21 c) The user group agrees to maintain and leave all facilities in a sanitary and safe condition. Failure to do so will result in the user group paying all costs incurred by the City to return the premises to its original condition at a rate of$30 per hour. The City may apply the security deposit received by the Foundation from the user group toward such costs. d) Tournaments, games and other events must be postponed in the event of wet, saturated turf. Excessive wear to the Sports Parks fields due to play on wet fields will be the responsibility of the user group. e) Public drinking and open alcoholic beverages are prohibited in public parks and recreational facilities per § 4.04.030, BMC, unless a waiver has been granted pursuant to § 4.04.050, BMC. f) The agreement must be assignable by the Foundation to the City upon termination of this Agreement. g) Prospective liability waiver and release of the Foundation and City pursuant to 27-1-753, MCA that states the known inherent risks of the sport or recreational opportunity, and contains the following statement in bold typeface: By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care. h) The user group will defend, indemnify, and hold harmless the Foundation and the City of Bozeman, its officers, agents, and employees against and from any and all actions, suits,judgments, claims, demands, costs, expenses (including attorney's fees) and liabilities of any character whatsoever, brought or asserted for property damage or for injuries to, or death of any person or persons or damages arising out of,resulting from or occurring in connection with the user agreement or the user group's occupancy or use of the Sports Parks. 4.4 Employee(s). The Foundation may hire one (1) or more employees if reasonably necessary to fulfill the Foundation's obligations under this Agreement, using revenues from the Sports Parks. No employee, agent, contractor, or subcontractor of the Foundation shall be deemed a City employee for any purpose, and the Foundation is solely responsible for the hiring, management, and firing of such employee. The Foundation shall pay all employment taxes of any kind or nature and make all appropriate employee withholdings for any employees hired by the Foundation to perform under this Agreement. Operating Agreement with the Bozeman Sports Parks Foundation,Inc.for the Bozeman Sports Parks Page 6 of 15 22 4.5 Compliance with City's Drought Management Plan. The Foundation acknowledges and understands the City is authorized to restrict or wholly prohibit the outdoor use of the water supply of the water service utility pursuant to § 40.02.1270, BMC and the City's adopted 2017 Drought Management Plan, and that the provisions of Chapter 40, Article 2, Division 4 are applicable to the Foundation. The Foundation warrants and represents it has familiarized itself with the water use restrictions of the BMC and agrees to comply with these restrictions. 4.6 Compliance with Alcohol Regulations. In accordance with § 4.04.030, BMC,public drinking and open alcoholic beverages are prohibited in public parks and recreational facilities. User groups seeking a waiver of this prohibition must apply directly to the City by paying the applicable fee and following the application procedure described in 4.04.050, BMC. 4.7 Foundation Equipment Storage. The Foundation may store and maintain sports and/or maintenance equipment on site at the Sports Parks with the City's prior written consent. The Foundation will provide the City with a schedule of such equipment it intends to store on the Sports Parks property. Foundation equipment provided by the Foundation for use at the Sports Parks shall remain the property of the Foundation unless otherwise agreed in writing by the Parties. The Foundation is solely responsible for loss or damage of Foundation equipment stored at the Sports Parks,and shall release and hold harmless the City for any and all claims of loss of or damage to Foundation equipment. The Foundation shall maintain sufficient property insurance coverage to insure against such loss or damage in accordance with Section 8 of this Agreement. 4.8 Coordination with the City on Scheduling and Events. At least quarterly, the Foundation will provide to the City a comprehensive report showing the anticipated use of the Sports Parks for the upcoming quarter. The Foundation shall further provide the City with advance notice of any significant public outreach or publicity relating to the Sports Parks and provide the City an opportunity for participation. It is not anticipated that the City will be involved in the planning or execution of such events, nor is it anticipated that a representative of the City need attend any or all such events. 4.9 City's Use of Sports Parks. The City may reserve sports fields and facilities on an equal basis as other users of the fields and facilities. The City shall be subject to the same user fees set by the Foundation for use of the fields and facilities. Notwithstanding the foregoing,the City may, at its option,reserve the Sports Parks for up to five (5) days per calendar year on dates to be agreed in advance by both Parties. Section 5.—Repair and Maintenance; Utilities. 5.1 City's Responsibilities. The City shall, in accordance with Parks Department procedures for all City-owned parks: Operating Agreement with the Bozeman Sports Parks Foundation,Inc.for the Bozeman Sports Parks Page 7 of 15 23 a) Maintain and plow all public parking lots and parking spaces adjacent to the Sports Parks, as well as public access to the Sports Parks. b) Maintain and plow all pedestrian pathways in the Sports Parks. c) Set and execute a regular maintenance schedule for all Sports Parks athletic fields, whether synthetic or natural, including but not limited to mowing, seeding, sodding and repairing all athletic field surfaces and sub-surfaces. d) Perform all routine maintenance of the Sports Parks and park facilities, including painting, electrical, plumbing HVAC, and electrical and other necessary repairs. e) Maintain and repair all Sports Parks structures,including public restrooms, and shall keep public restrooms stocked and cleaned. 5.2 Utilities. The City shall pay all charges for water, sewer, gas, and electricity used by the Foundation at the Sports Parks during the term of this Agreement unless otherwise expressly agreed in writing by the Parties. 5.3 Irrigation. The City shall be solely responsible for irrigation of the Sports Parks. City shall retain all decision-making authority for irrigation, including but not limited to coordination with other water users,water commissioners, and ditch riders. Section 6.—Use Fee; Financial Auditing; Reporting 6.1 Annual Use Fee Payment to the City. For the term of this Agreement,the Foundation shall make the following annual payments per full-size athletic field in the Sports Parks to the City to provide for long-term maintenance and repair of the Sports Parks: Years 1-5: $7,000 (sod); $3,000 (synthetic turf) For purposes of this Agreement, "full-size athletic field" is defined as a field that measures a minimum of 100 feet by 130 feet and is of the quality necessary to support safe play as of June 1st of each year during the term of this Agreement. The first payment under this Agreement will be due on or before July 1, 2019 and subsequent annual payments will be due on every anniversary of this date. The City will deposit the annual payment in a special fund for repairs and maintenance of the Sports Parks as outlined in Section 5.1 of this Agreement. 6.2 Financial Auditing. The Foundation will maintain financial records and must 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 monies collected and expended by the Foundation pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. Foundation agrees to develop and/or provide documentation as requested by the City demonstrating Operating Agreement with the Bozeman Sports Parks Foundation,hie.for the Bozeman Sports Parks Page 8 of 15 24 Foundation's compliance with the requirements of this.Agreement. The Foundation will retain such records for the time specified in the most recent Local Government Record Retention Schedule as adopted by the Montana Secretary of State, or permission to destroy them is granted by the City. 6.3 Annual Financial Reports. The Foundation will provide to the City Manager, by September 30th of each year this Agreement is effective, a report showing all monies collected and expended by the Foundation in the prior fiscal year (July 1-June 30), showing the source and amount of revenues and describing such expenditures to the satisfaction ofthe City. 6.4 Public Meetings and Access to Public Records a) Meetings of the Foundation that pertain to Sports Parks revenues or expenditures pursuant to this Agreement are subject to the open meeting requirements of Montana law, including those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. b) The Foundation will provide agendas for meetings that pertain the receipt or expenditure of public funds 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. In addition, meeting minutes will be kept by the Foundation and provided to the City Clerk's office no later than 45 days after the meeting. These minutes shall be posted and made available to the public by the 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 private in a secured cabinet. Meetings subject to the open meeting requirements of Montana law shall be held in the City Commission room at City Hall, 121 N. Rouse. Room scheduling for open meetings shall be coordinated with the City Clerk. c) 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,the Foundation shall make such documents and records available for inspection and copying by members of the public. The Foundation may charge for such copying in accordance with the policies of the City, which the Foundation hereby adopts for such purposes. d) To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in the Foundation documents is protected by law from disclosure,the Foundation may seek a Operating Agreement with the Bozeman Sports Parks Foundation,Inc.for the Bozeman Sports Parks Page 9 of 15 25 determination of the City Attorney at no cost to the Foundation. Such request and determination shall not create an attorney-client relationship between the Foundation and the City. Section 7.—Concessions; Revenue; Vendors; Advertising. 7.1 Management of concessions. The Foundation has the right to manage concessions sales at the Sports Parks. 7.2 Vendor Selection. The Foundation has the right to contract with third parties for concession and vending services at Sports Parks events. In selecting vendors, as of the date of this Agreement the Foundation agrees to comply with all applicable state laws and City policies for procurement, including advertising for proposals and nondiscrimination. Nothing herein prohibits the Foundation from entering into non- exclusive agreements with concession vendors donating gifts in exchange for providing vending services if such agreements are made pursuant to the Foundation's donor recognition policy. In addition, nothing herein prohibits the City from entering into contracts for vending services at the Sports Parks. In such a case, revenue from City vending contracts will be used at the Sports Parks. 7.3 Collection of Fees. The Foundation shall collect and manage all user fees, vending proceeds, and any other revenue related to the use of the Sports Parks athletic fields, facilities, or other amenities ("Revenues"). 7.4 Use of Revenues. All Revenues will be first applied toward the Foundation's payment obligations pursuant to the Debt Repayment Agreement attached hereto as Exhibit B, and then to the annual payments described in Section 6.1. Remaining Revenues must be used solely for the operation, maintenance or development of the Sports Parks as described in this Agreement. The Foundation agrees to establish a turf replacement account to be funded with a sufficient portion of revenues collected so that turf fields installed at the Sports Parks may be replaced at the end of their 10-year life. 7.5 Concession Operations. The Foundation will conduct or cause to be conducted all concessions activities in a clean, professional, and businesslike manner and agrees to comply with all applicable local, state, and federal laws and regulations. 7.6 Mobile Vendors. The Foundation may enter into agreements with mobile vendors to operate on Sports Parks property during tournaments and other events. The Foundation may not prohibit a mobile vendor from locating on public rights of way ifsuch location is permitted pursuant to the mobile vendor's City license and by Chapter 28, Article 3 of the BMC. Operating Agreement with the Bozeman Sports Parks Foundation,Inc.for the Bozeman Sports Parks Page 10 of 15 26 Section 8.—Indemnity; Insurance. 8.1 Indemnity and Release. a) The Foundation agrees to indemnify, defend and hold the City harmless from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out of, or incident to, negligent acts, errors, omissions, or willful misconduct by the Foundation or its officers, employees, vendors, subcontractors, or agents in the performance of this Agreement. b) Unless otherwise agreed to in writing, both the City and Foundation shall be solely responsible for any contracts they enter into or other obligations or liabilities incurred by such party in connection with their respective roles under this Agreement and the Sports Parks. c) The indemnification requirements of this Section shall survive the termination of this Agreement. d) The Foundation's indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by the City. 8.2 Insurance. In addition to and independent from the Foundation's indemnification obligations, the Foundation will secure and maintain insurance coverage as described in this Section 8.2 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 Foundation in Section 8.1. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Foundation under this Agreement. The insurance and required endorsements must be in a form acceptable 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 Foundation's performance under this Agreement. The Foundation shall notify City within two (2) business days of the Foundation's receipt of notice that any required insurance coverage will be terminated or the Foundation's decision to terminate any required insurance coverage for any reason. a) Commercial General Liability. The Foundation, each vendor providing services and any other organization using the Sports Parks facilities must carry Commercial General Liability Insurance naming the City as an Additional Insured on a primary and non-contributory basis in the amount of$1,000,000 per claim, $2,000,000 per occurrence. The Foundation, each vendor providing services and any other organization using the Sports Parks facilities must also obtain a separate liquor liability policy or endorsement in the amount of 1,000,000 per claim, $2,000,000 per occurrence naming the city as an Operating Agreement with the Bozeman Sports Parks Foundation,Inc. for the Bozeman Sports Parks Page 11 of 15 27 Additional Insured on a primary, non-contributory basis when any alcoholic beverages are to be sold or consumed during any event. b) Property Insurance. The City will insure all real and business personal property owned by the City of Bozeman located at the Sports Parks on a replacement cost basis. The Foundation will secure and continuously maintain commercial property insurance on a replacement cost basis for all business personal property, contents, and any non-permanent improvements made to the Sports Parks by the Foundation. The Foundation will require that all vendors, contractors and subcontractors carry appropriate property insurance for their own business personal property and contents to be located at the Sports Parks during events. Section 9.—Miscellaneous. 9.1 Compliance with Laws and Regulations. The Foundation 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 ofthe 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 nondiscrimination, affirmative action, and utilization of minority and small business statutes and regulations. The Foundation shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 9.2 Modification and Assignability. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Foundation may not assign its rights or obligations under this Agreement without the prior written consent of the City Commission. Any assignee will be bound by all of the terms and conditions of this Agreement. 9.3 Severability. If any portion of this Agreement is held to be void or unenforceable,the balance thereof shall continue in effect. 9.4 Applicable Law; Venue. The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. The Parties agree to personal jurisdiction in the courts of Gallatin County, Montana. Operating Agreement with the Bozeman Sports Parks Foundation,Inc. for the Bozeman Sports Parks Page 12 of 15 28 9.5 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. 9.6 Binding Effect. This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 9.7 Nondiscrimination. The Foundation will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Foundation 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 Foundation shall require these nondiscrimination terms of its contractors, agents, or subcontractors providing services under this Agreement. 9.8 Non-Waiver. A waiver by either Party of any default or breach by the other Party of any terms of 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. 9.9 Notice. Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent by email with read-receipt requested or by United States certified mail, return receipt requested. 9.10 Attorney's Fees and Costs. In the event it becomes necessary for either Party of 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 or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include the City Attorney. 9.11 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. Operating Agreement with the Bozeman Sports Parks Foundation,Inc. for the Bozeman Sports Parks Page 13 of 15 29 9.12 Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 9.13 Integration. This Agreement and all exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written,made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. END OF AGREEMENT EXCEPT FOR SIGNATURES Operating Agreement with the Bozeman Sports Parks Foundation,Inc.for the Bozeman Sports Parks Page 14 of 15 30 CITY OF BOZEMAN BOZEMAN SPORTS PARKS FOUNDATION,INC. By: By: i Andrea Surratt, City 3ianager Print Name: Title: APPROVE O FORM: By: Greg Sullivan, City Attorney Operating Agreement with the Bozeman Sports Parks Foundation,Inc.for the Bozeman Sports Parks Page 15 of 15 31 EXHIBIT A Sports Parks Legal Descriptions 1. Bozeman Sports Parlc: 503, T02 S, R05 E, C.O.S. 2554B, ACRES 79.869, TRACT 1Al. 2. Bronlcen Park: VALLEY WEST SUB, 509, T02 S, R05 E, Lot PARK, ACRES 39.06, PLAT J-320. 32 EXHIBIT B Debt Repayment Agreement 33 Memorandum REPORT TO:City Commission FROM:Mitch Overton, Director of Bozeman Parks and Recreation Department SUBJECT:Authorize the City Manager to Sign an Agreement Between City of Bozeman and the Bozeman Sports Parks Foundation, Inc. for the Financing and Construction of an Additional Turf Field at the Bozeman Sports Park MEETING DATE:September 24, 2024 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to sign an Agreement between City of Bozeman and the Bozeman Sports Parks Foundation, Inc. for the financing and Construction of an Additional Turf Field at the Bozeman Sports Park STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:The Bozeman Sports Parks Foundation (BSPF) is a 501(c)(3) non-profit organization committed to enhancing field sport athletics and expanding access to multi-use rectangular fields within the City of Bozeman's sports parks. BSPF was incorporated on October 20, 2014, and has since focused on securing private and philanthropic support for the development of the Bozeman Sports Park. To date, the City of Bozeman and BSPF have collaborated to construct six fields, along with parking and pedestrian facilities. However, demand continues to outpace supply. BSPF is currently funding design and engineering of an additional synthetic turf field at the Bozeman Sports Park. As part of this debt repayment agreement, BSPF will transfer $500,000 to the City of Bozeman to contribute toward the construction of the field. This will be the seventh field at the Bozeman Sports Park and the third synthetic field. The total cost of the field and related infrastructure improvements will not exceed $2,000,000. BSPF issue a promissory note to the City of Bozeman for the remaining construction costs, with repayment in bi-annual installments over five years, subject to an interest rate of 3.36% per annum. This ensures that the City of Bozeman will recover all funds advanced for the project. UNRESOLVED ISSUES:None. ALTERNATIVES:One alternative would be to build two fields immediately adjacent to each other simultaneously, creating some cost of economy and other efficiencies, however this would require additional assessments to be paid to the Parks & Trails District or other projects in the capital improvement plan to be 34 deferred. FISCAL EFFECTS:The Parks & Trails District Fund will front the costs of construction throughout the five-year debt repayment period. The additional field will also require future operations and maintenance costs. The field is anticipated to generate approximately $80,000 of revenue annually. Attachments: Agreement City BSPF Additional Field Final 9 5 24 gs_ (002).pdf Report compiled on: September 12, 2024 35 Agreement with the Bozeman Sports Parks Foundation, Inc. for the Financing and Construction of an Additional Artificial Turf Field at the Bozeman Sports Park Page 1 of 6 Agreement between City of Bozeman and the Bozeman Sports Parks Foundation, Inc. for the Financing and Construction of an Additional Turf Field at the Bozeman Sports Park This Agreement between the City of Bozeman and the Bozeman Sports Parks Foundation, Inc. for the financing and construction of an additional multi-use rectangular synthetic turf field at the Bozeman Sports Parks (the “Agreement”) is entered into this ___ day of _______________, 2024, 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 the Bozeman Sports Parks Foundation, Inc., a Montana 501(c)(3) nonprofit corporation, with a mailing address of PO Box 1126, Bozeman, MT 59771, hereinafter referred to as “Foundation” and together with the City, the “Parties.” The Foundation and the City enter into this Agreement in consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged. As such, the Parties agree as follows: RECITALS The following recitals form the basis for the Parties’ intentions and as such are material to this Agreement. WHEREAS, the Foundation is a non-profit organization committed to enhancing recreational athletic opportunities for the citizens of Bozeman and is focused on continuing its long-standing commitment to the Bozeman Sports Park; and WHEREAS, the Parties have worked cooperatively to enhance the facilities at the Bozeman Sports Park and wish to continue to do so; and WHEREAS, the Parties agree an additional artificial turf field at the Sports Park will enhance recreational opportunities for the residents of the city of Bozeman and desire to enter into this Agreement to provide for each parties duties and responsibilities in the financing and construction of the additional field; and WHEREAS, the Parties represent that each has the power and authority to enter into this Agreement, and the experience and ability to fulfill its obligations under this Agreement. Section 1. – Purpose; term and effective date; termination; extension. 1.1 Purpose. The purpose of this Agreement is to establish the rights and obligations of the Parties to each other regarding the financing and construction of an additional 36 Agreement with the Bozeman Sports Parks Foundation, Inc. for the Financing and Construction of an Additional Artificial Turf Field at the Bozeman Sports Park Page 2 of 6 artificial turf field at the Bozeman Sports Park (the “Field”). The Field is athletic field number 7, which is the third synthetic turf field at The Bozeman Sports Park. 1.2 Term/Effective Date. This Agreement is effective upon the date of its execution and will terminate upon completion of the Parties obligations under this Agreement. 1.3 Construction of the Field. The City shall be responsible for all aspects of designing and constructing the Field, including bidding and contracting. The City may retain an owner’s representative to assist it in its responsibilities. 1.4 In-Kind Contributions by the Foundation. The Foundation may offer the City in- kind contributions or donations of services or materials to be provided by the Foundation or by persons or entities for construction of the Field. Any such services or materials must be determined prior to the City bidding the construction of the Field and must be in sufficient detail on the type of service or material and the manner in which the same shall be made so as to allow the City and the City’s owner’s representative to include such in-kind contributions or donations in the City’s request for bids. Any such contribution or donation must be approved by the City. 1.5 Financing of the Field. (a) The Foundation agrees to pay for all costs and expenses associated with the construction of the Field. Before the City enters into contracts for Field construction, the Foundation must transfer $500,000.00 (five hundred thousand dollars and zero cents) to the City. The City shall use all such transferred funds solely for the purpose of constructing the Field. (b) The City shall initially pay for all costs of constructing the Field beyond the amount the Foundation transferred to the City in section 1.4(a), and which are necessary to complete the construction of the Field. In its sole discretion, the City will fund these additional costs out of its own funds or may seek financing. (c) The Foundation shall, within five (5) years of the execution of this Agreement, pay the City the total amount the City paid to complete construction of the Field. The Foundation must pay the City semi-annually, installment payments due on December 31st and June 30th, in 10 installments in an amount determined by the City to be the difference between the amount the Foundation provided the City under section 1.4(a), above, and the final cost of constructing the Field. The costs of construction shall include the following: (i) the costs of the City’s owner’s representative as provided below; (ii) all costs related to designing and bidding the construction of the Field; (iii) all costs of construction; (iv) and costs related to land use and building permitting. (d) The difference between the amount the Foundation provided the City under section 1.4(a), above, and the final cost of constructing the Field will be determined by the 37 Agreement with the Bozeman Sports Parks Foundation, Inc. for the Financing and Construction of an Additional Artificial Turf Field at the Bozeman Sports Park Page 3 of 6 City at the time the City has received bids for construction of the Field and prior to the City entering into a contract for construction of the Field. The City will provide written notice to the Foundation’s Representative of this amount and the Foundation must provide the City a Promissory Note promising to pay this amount pursuant to the terms of subsection (c), above. The Foundation may pay this amount early without any penalty. Any such amounts outstanding are subject to an interest rate of 3.36% per annum. The Foundation specifically agrees failure of the Foundation to sign a promissory note in a form acceptable to the City is cause for the City to not enter into a construction agreement for the Field. Section 2. – Relationship of Parties; Representatives. 2.1 No Partnership or Agency. Neither Party shall be considered a partner or agent of the other Party, and this Agreement does not create a partnership or principal-agent relationship between the Parties. Neither Party shall have any right, power or authority to create any obligation, expressed or implied, on behalf of the other Party. The cooperative effort between the City and Foundation does not create a separate legal entity and neither the Foundation nor the City shall have the right to bind the other Party vis a vis any third party. 2.2 Representatives. (a) City: The City’s Representative for the purpose of this Agreement shall be Mitch Overton (Parks and Recreation Director) or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to Mitch Overton as 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, the Foundation may direct its communication or submission to other designated City personnel or agents as listed above and may receive approvals or authorization from such persons. (b) Foundation: The Foundation’s Representative for the purpose of this Agreement shall be Brad Yeomans (Board Chair) or such other individual as the Foundation shall designate in writing. Whenever direction to or communication with the Foundation is required by this Agreement, such direction or communication shall be directed to Foundation’s Representative; provided, however, that in exigent circumstances when Foundation’s Representative is not available, City may direct its direction or communication to other designated Foundation’s personnel or agents. 38 Agreement with the Bozeman Sports Parks Foundation, Inc. for the Financing and Construction of an Additional Artificial Turf Field at the Bozeman Sports Park Page 4 of 6 (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. Section 3. – Ownership; Improvements. 3.1 Ownership; Prohibition on Liens. The improvements related to construction of the Field shall become the property of the City. Section 4. – Miscellaneous. 4.1 Modification and Assignability. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Foundation may not assign its rights or obligations under this Agreement without the prior written consent of the City Commission. Any assignee will be bound by all of the terms and conditions of this Agreement. 4.2 Limitation on Damages. Neither Party shall be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost revenues damages of any nature arising, or claimed to have arisen, as a result of the termination. If events occurring resulting in a delay of the City’s construction of the Field, the Foundation specifically agrees it will not seek any remedy against the City under law or equity for such delay. 4.3 Severability. If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 4.4 Applicable Law; Venue. The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. The Parties agree to personal jurisdiction in the courts of Gallatin County, Montana. 4.5 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.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 39 Agreement with the Bozeman Sports Parks Foundation, Inc. for the Financing and Construction of an Additional Artificial Turf Field at the Bozeman Sports Park Page 5 of 6 of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 4.6 Binding Effect. This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 4.7 Nondiscrimination and Equal Pay. The Foundation agrees that the hiring by Foundation of persons performing this Agreement shall be on the basis of merit and qualifications. The Foundation will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Foundation 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 Foundation 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. Foundation 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). Foundation must report to the City any violations of the Montana Equal Pay Act that Foundation has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Foundation shall require these nondiscrimination terms of any of its subcontractors providing services under this Agreement. 4.8 Non-Waiver. A waiver by either Party of any default or breach by the other Party of any terms of 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. 4.9 Notice. Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent by email with read-receipt requested or by United States certified mail, return receipt requested. 4.10 Attorney’s Fees and Costs. In the event it becomes necessary for either Party of 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 or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include the City Attorney. 40 Agreement with the Bozeman Sports Parks Foundation, Inc. for the Financing and Construction of an Additional Artificial Turf Field at the Bozeman Sports Park Page 6 of 6 4.11 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. 4.12 Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 4.13 Integration. This Agreement and all exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 4.14 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. CITY OF BOZEMAN BOZEMAN SPORTS PARKS FOUNDATION, INC. By: ________________________________ By: _____________________________ Chuck Winn, Interim City Manager Print Name: ____________________ Title: __________________________ APPROVED AS TO FORM: By: ________________________________ Greg Sullivan, City Attorney 41 42 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, City Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5635 Intent to Modify Special Improvement Lighting District 766 for Northwest Crossing Ph 1 & 2.1 to include 2.2 and 2.3 MEETING DATE:September 24, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Commission Resolution 5635 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 (MCA) 7-12-4301 authorizes special improvement districts to be created to pay for the cost of operating and maintaining streetlights and to assess costs to benefitted property owners. (MCA) 7-12- 4351 authorizes the major modification of an existing special improvement lighting district. Bozeman Municipal Code Sec.38.270.030 subsection A line 4 requires that prior to final plat approval, lighting must be installed or secured. Lighting District 766 modified in November of 2023 to include Ph 1 & 2.1 of the Northwest Crossing development. This modification expands the district to include phases 2.2 and 2.3. The provisions in MCA 7-12-4302 through 7-12-4305 for the content of the resolution, public notice, protest, and consideration of protest that apply to the creation of a special improvement lighting district also apply to the modification of an existing special improvement lighting district authorized by this section. UNRESOLVED ISSUES:None ALTERNATIVES:N/A FISCAL EFFECTS:As a result of modifying this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs 43 by billing property owners each year on their City Assessment bill. It is estimated to cost $36.83 per acre within the district or $1,521.72 annually for the entire district. Attachments: Resolution 5635-Intent to Modify SILD 766-NWX to include Ph 2.2 & 2.3.docx EXHIBIT A.pdf EXHIBIT B.pdf Report compiled on: September 10, 2024 44 Page 1 of 10 RESOLUTION 5635 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY LIGHTING DISTRICT NO. 766 (NORTHWEST CROSSING PHASES 1 & 2.1) TO INCLUDE PHASES 2.2 AND 2.3 TO THIS DISTRICT AND FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY THEREFORE TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: Section 1 Intention to Modify District 766,Proposed Improvements. It is the intention of this Commission to modify and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve NORTHWEST CROSSING (the “District”) for the purpose of, maintenance and energy costs. The city will maintain and pay energy costs for the modified district. The District will pay the maintenance and energy costs for five (5) Lumec RoadFocus LED Cobrahead 100-watt single upsweep luminaires on round tapered steel poles, mounted at 35’ per City of Bozeman standards and twenty-seven (41) Lumec RoadFocus LED Cobrahead 45-watt single upsweep luminaires on round tapered steel poles, mounted at 30’ per City of Bozeman standard. The poles will be K-KLAD over galvanized – Hunter Green. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $5.60 per 100-watt fixture and $2.41 per 45-watt fixture or $1,521.72 annually. 45 Resolution 5635, Intent to Modify Lighting District 766 Page 2 of 10 Section 2 Number of District. The modified district is known and designated as Special Improvement Lighting District No.766 (Northwest Crossing Ph 1, 2.1-2.3) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the maintenance and energy and will be assessed for the energy costs and a portion of the maintenance as described in Section 1. The maintenance and energy, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the maintenance and energy provided. Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, the actual area method of assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5. The annual maintenance and energy costs are estimated at $1,521.72, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract 46 Resolution 5635, Intent to Modify Lighting District 766 Page 3 of 10 or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is 41.32 acres, or 1,799,835 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $36.83 or $0.000846 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $1,521.72, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized chargesshall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $48.93 per acre, or $0.001124 per square foot. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 Discontinuation ofDistrict. If at any time after the initial term of the Districta petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the District be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the 47 Resolution 5635, Intent to Modify Lighting District 766 Page 4 of 10 Commission has, prior to the presentation of a petition or by a majority vote of the Commission to discontinue the District, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until after the expiration of the contract. Section 9 Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and taxation for the cost and expense of maintenance and energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said 15-day period (October 14, 2024) written protest against the proposed maintenance and energy costs, or against the extension or creation of the District or both, and this Commission will at its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will be held on Tuesday, October 22, 2024 in the Commission Room at City Hall, 121 N Rouse Avenue. Section 10 Notice of Passage of Resolution of Intention. The Deputy City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on September 28, 2024 and October 05, 2024, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 24th day of September 2024. 48 Resolution 5635, Intent to Modify Lighting District 766 Page 5 of 10 ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ____________________________________ ALEX NEWBY Deputy City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 49 Resolution 5635, Intent to Modify Lighting District 766 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5635, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY LIGHTING DISTRICT NO. 766 (NORTHWEST CROSSING PH 1 & 2.1) TO INCLUDE PHASES, 2.2 and 2.3 AND FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY THEREFORE TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. ” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at a meeting on September 24, 2024, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _____ ____________________ ; voted against the same: ___ ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this 24 th day of September 2024. ___________________________________ Alex Newby Deputy City Clerk 50 Resolution 5635, Intent to Modify Lighting District 766 INTENT TO MODIFY SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 766 (NORTHWEST CROSSING PHASE 1 & 2.1) TO INCLUDE PHASES 2.2 and 2.3 CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on September 24, 2024, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution No. 5635 to modify Special Improvement Lighting District No. 766 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Northwest Crossing Ph 1, 2.1-2.3, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 5635 is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The District will pay the maintenance and energy costs for five (5) Lumec RoadFocus LED Cobrahead 100-watt single upsweep luminaires on round tapered steel poles, mounted at 35’ per City of Bozeman standards and twenty-seven (41) Lumec RoadFocus LED Cobrahead 45-watt single upsweep luminaires on round tapered steel poles, mounted at 30’ per City of Bozeman standard. The poles will be K-KLAD over galvanized – Hunter Green. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $5.60 per 100-watt fixture and $2.41 per 45-watt fixture or $1,521.72 annually. All properties in the District will be assessed for their proportionate share of the costs of the Improvements on an “area basis” annually and will be payable in equal semiannual installments. The annual costs of the Improvements are$1,521.72 for the entire District. The total 51 Resolution 5635, Intent to Modify Lighting District 766 area of the District to be assessed is 41.32 acres, or 1,799,835 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $36.83or $0.000846per square foot annually. The annual assessments for costs of the Improvements may be increased as approved by the Public Service Commission and may be increased to cover extraordinary expenses of repair and maintenance. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assess in the same manner as the Improvements resulting in a cost not to exceed $48.93 per acre, or $0.001124 per square foot. Written protests against the creation or modification of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, October 14, 2024. If protests are received by the deadline, the City Commission will hear and pass upon all written protests against the creation or extension of the District, or the Improvements on Tuesday, October 22, 2024, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana. If no protests are received, the City Commission may, on the same date, time and location, pass a Resolution authorizing the creation or modification of the district. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. Dated:September 24, 2024 BY ORDER OF THE CITY COMMISSION 52 Resolution 5635, Intent to Modify Lighting District 766 OF THE CITY OF BOZEMAN, MONTANA _________________________________________ Alex Newby Deputy City Clerk Legal Ad Publication Dates: Saturday, September 28, 2024 Saturday, October 5, 2024 53 Resolution 5635, Intent to Modify Lighting District 766 COMMISSION RESOLUTION NO. 5635 Resolution of Intent to ModifySILD No. 766 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Northwest Crossing Ph 1, 2.1-2.3 and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING Alex Newby, Deputy City Clerk, being first duly sworn, says: That I deposited a copy of the Notice in regard to the owners in Special Improvement Lighting District No. 766, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana, on Friday, September 27, 2024, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Alex Newby Deputy City Clerk 54 8.00'M FIGURE NUMBER © PROJECT NO.DRAWN BY: DSGN. BY: APPR. BY: DATE: COPYRIGHT MORRISON-MAIERLE,2024 Plotted by cooper krause on Jul/16/2024 engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net P:\6787\007-Ph_2.2+2.3\ACAD\Exhibits\SILD #766.dwg6787.007 SILD NORTHWEST CROSSING SUBDIVISION BOZEMAN MONTANA SILD #766 MODIFICATION - NWX 2.2 AND 2.3 CPK CPK 07/2024 HARVEST PARKWAY TWIN LAKES AVEROSA WAYSTREET LIGHT LEGEND EXISTING E1 EXISTING E2 NEW E2: TO BE INCORPORATED INTO SILD #766 EXISTING ELECTRIC METER (SILD #766) W. OAK STREETROSA WAYWELLSPRING AVE BRIARWOOD LANE WILDWOOD LANE DAYSPRING AVETOUCHSTONE DRIVE CURRENTLY PART OF SILD #766 NWX PHASE 1 BOUNDARY 0 SCALE IN FEET 80 1608040 EXISTING ELECTRIC METER (SILD #766) PHA S E 2. 3 PHA S E 2. 2 PHA S E 2. 1 PHA S E 2. 1 55 Phase Block Lot LID Address Acres Sq Ft Owner Name Owner Address City State Zip 1 1 1 292880 1700 Twin Lakes Ave 2.62 114,127 NWX Apartments LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 1 2 299390 1695 Dayspring Ave 0.75 32,670 NWX LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 1 3 299370 1684 Dayspring Ave 1.21 52,708 NWX LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 1 4 299380 1641 Dayspring Ave 2.013 87,686 NWX LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 1 5 299360 1642 Dayspring Ave 1.25 54,450 NWX LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 1 6 299280 1550 Twin Lakes Ave 2.46 107,158 NWX LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 1 7 299340 1575 Dayspring Ave 1.48 64,469 NWX LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 1 8 299330 1598 Dayspring Ave 0.57 24,829 NWX LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 1 9 299320 1500 Dayspring Ave 0.81 35,284 NWX LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 1 10 299300 1452 Dayspring Ave 1.09 47,480 NWX LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 1 11 299290 1438 Dayspring Ave 0.78 33,977 NWX LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 1 12 290120 1450 Twin Lakes Ave 1.4 60,984 NWX Building 1 LLC PO Box 4082 Bozeman MT 59772 1 1 13 292840 1501 Twin Lakes Ave 7.1 309,276 NWX Apartments LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 1 14 292870 1701 Twin Lakes Ave 5.26 229,126 NWX Apartments LLC 1735 S 19th Ave Ste B Bozeman MT 59718 2.1 9 1 340820 1830 Dayspring Ave 0.12 5,227 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 2 340810 1826 Dayspring Ave 0.077 3,344 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 3 340800 1822 Dayspring Ave 0.108 4,719 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 4 340790 1814 Dayspring Ave 0.09 3,927 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 5 340780 1810 Dayspring Ave 0.077 3,344 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 6 340760 1806 Dayspring Ave 0.077 3,344 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 7 313100 1802 Dayspring Ave 0.077 3,344 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 8 340970 1754 Dayspring Ave 0.077 3,368 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 9 340980 1750 Dayspring Ave 0.08 3,481 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 10 331770 4721 Harvest Pkwy 0.11 5,005 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 11 331760 4717 Harvest Pkwy 0.08 3,344 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 12 331750 4713 Harvest Pkwy 0.08 3,344 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 13 331740 4709 Harvest Pkwy 0.08 3,344 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 14 331710 4705 Harvest Pkwy 0.13 5,870 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 15 331800 1751 N Cottonwood Rd 0.11 4,708 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 16 340960 1755 N Cottonwood Rd 0.11 4,720 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 EXHIBIT B Northwest Crossing Ph 1, 2.1, 2.2 & 2.3 56 2.1 9 17 340740 1803 N Cottonwood Rd 0.11 4,724 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 18 340730 1807 N Cottonwood Rd 0.11 4,718 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 19 340720 1811 N Cottonwood Rd 0.11 4,702 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 20 340710 1815 N Cottonwood Rd 0.11 4,681 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 21 340700 1819 N Cottonwood Rd 0.11 4,852 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 22 340690 1823 N Cottonwood Rd 0.11 4,617 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 23 339790 1827 N Cottonwood Rd 0.11 4,575 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 9 24 339780 1831 N Cottonwood Rd 0.17 7,258 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 8 29 313090 4807 Briarwood Ln 0.07 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 8 30 331600 4815 Briarwood Ln 0.07 3,172 Conover, William & Jean 8963 Sypes Canyon RD Bozeman MT 59715 2.1 8 31 331610 4823 Briarwood Ln 0.07 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 8 32 331620 4831 Briarwood Ln 0.07 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 8 33 331630 4839 Briarwood Ln 0.07 3,173 He, Siwei & Lui Hongli 4839 Briarwood LN Bozeman MT 59718 2.1 11 4A 340930 4830 Briarwood Ln 0.057 2,487 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 11 4B 340920 4826 Briarwood Ln 0.057 2,487 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 11 5A 340910 4822 Briarwood Ln 0.057 2,487 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 11 5B 340900 4818 Briarwood Ln 0.057 2,487 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 11 6A 331650 4814 Briarwood Ln 0.057 2,487 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 11 6B 313080 4810 Briarwood Ln 0.057 2,487 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 11 7A 313070 4806 Briarwood Ln 0.057 2,487 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 11 7B 340890 4802 Briarwood Ln 0.131 5,724 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 11 11A 340880 4831 Harvest Pkwy 0.057 2,479 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 11 11B 340860 4827 Harvest Pkwy 0.057 2,479 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 11 12A 340850 4823 Harvest Pkwy 0.057 2,479 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 11 12B 340840 4819 Harvest Pkwy 0.057 2,479 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 11 13A 331700 4815 Harvest Pkwy 0.057 2,479 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 11 13B 331690 4811 Harvest Pkwy 0.057 2,479 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 11 14A 331680 4807 Harvest Pkwy 0.057 2,479 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 11 14B 331670 4803 Harvest Pkwy 0.086 3,732 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 1 0.088 3,847 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 2 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 3 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 4 0.073 3,173 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 5 0.073 3,173 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 6 0.073 3,173 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 7 0.073 3,173 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 8 0.073 3,173 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 57 2.2 8 9 0.073 3,173 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 10 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 11 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 12 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 13 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 14 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 15 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 16 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 17 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 18 0.088 3,848 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 19 0.088 3,847 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 20 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 21 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 22 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 23 0.073 3,173 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 24 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 25 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 26 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 27 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 28 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 8 29 313090 4807 Briarwood Ln 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 8 30 331600 4815 Briarwood Ln 0.073 3,173 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 8 31 331610 4823 Briarwood Ln 0.073 3,173 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 8 32 331620 4831 Briarwood Ln 0.073 3,173 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.1 8 33 331630 4839 Briarwood Ln 0.073 3,173 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 34 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 35 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 36 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 37 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 8 38 0.088 3,847 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 11 1A 0.057 2,487 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 11 1B 0.057 2,487 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 11 2A 0.057 2,487 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 11 2B 0.057 2,487 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 11 3A 0.057 2,487 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 11 3B 0.057 2,487 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 11 8A 0.057 2,479 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 58 2.2 11 8B 0.057 2,479 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 11 9A 0.057 2,479 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 11 9B 0.057 2,479 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 11 10A 0.057 2,479 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.2 11 10B 0.057 2,479 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 3 1 0.083 3,616 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 3 2 0.098 4,288 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 3 3 0.099 4,333 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 3 4 0.096 4,189 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 3 5 0.093 4,055 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 3 6 0.103 4,507 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 3 7 0.087 3,811 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 3 8 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 3 9 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 3 10 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 3 11 0.089 3,861 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 3 12 0.104 4,522 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 1 0.073 3,170 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 2 0.073 3,176 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 3 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 4 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 5 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 6 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 7 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 8 0.104 4,519 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 9 0.104 4,525 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 10 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 11 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 12 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 13 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 14 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 15 0.073 3,170 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 16 0.073 3,175 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 17 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 18 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 19 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 20 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 59 2.3 7 21 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 22 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 23 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 24 0.104 4,522 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 25 0.104 4,523 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 26 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 27 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 28 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 29 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 30 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 31 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 7 32 0.073 3,172 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 10 1 0.077 3,344 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 10 2 0.077 3,344 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 10 3 0.077 3,344 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 10 4 0.077 3,344 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 10 5 0.077 3,344 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 10 6 0.077 3,344 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 10 7 0.077 3,344 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 10 8 0.077 3,344 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 10 9 0.077 3,344 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 10 10 0.077 3,344 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 10 11 0.084 3,643 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 10 12 0.085 3,724 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 10 13 0.085 3,724 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 10 14 0.085 3,724 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 10 15 0.085 3,724 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 10 16 0.085 3,724 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 10 17 0.085 3,724 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 10 18 0.085 3,724 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 10 19 0.085 3,724 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 10 20 0.085 3,724 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2.3 10 21 0.085 3,724 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 Totals 41.32 1,799,835 60 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5637 Intent to Create a Special Improvement Lighting District 787 for Homestead at Buffalo Run MEETING DATE:September 24, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution No. 5637, Intent to Create Special Improvement Lighting District 787 for Homestead at Buffalo Run STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:7-12-4301. Special improvement districts for lighting streets authorized. (1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway; (b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and (c) assess and collect such portion of such cost by special assessment against said property. (2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is 61 estimated to cost $16.76 per acre within the district or $340.62 annually for the entire district Attachments: Resolution 5637-Intent to Create SILD 787.docx Exhibit A.pdf Exhibit B.pdf Report compiled on: September 10, 2024 62 Page 1 of 9 RESOLUTION 5637 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 787 (HOMESTEAD AT BUFFALO RUN)DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: Section 1 Intention to Create District; Proposed Improvements.It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve Homestead at Buffalo Run (the “District”) for the purpose of maintenance and energy costs.The district will pay the maintenance and energy costs for six (6)55 watt Lumec by Signify Domus Small Urban Luminaire single arm lights on round tapered forest green textured steel poles, mounted at 25 feet per City of Bozeman standards and thirteen (13) 37 watt Lumec by Signify Domus Small Urban Luminaire single arm lights on round tapered forest green textured steel poles, mounted at 25 feet per City of Bozeman standards. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $1.925 per 55 watt LED fixture and $1.295 per 37 watt fixture. This calculates annually to $23.10 per 55 watt light and $15.54 per 37 watt fixture or $340.62 in total. 63 Resolution 5637, Intent to Create Lighting District 787 Page 2 of 9 Section 2 Number of District. The District, if the same shall be created and established, shall be known and designated as Special Improvement Lighting District No. 787 (Homestead at Buffalo Run) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the Improvements and will be assessed for the costs of the Improvements as described in Section 1. The Improvements, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the Improvements. Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, based on the actual area method of assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5.The annual maintenance and energy costsare estimated at $340.62, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive 64 Resolution 5637, Intent to Create Lighting District 787 Page 3 of 9 of streets, avenuesand alleys.The total area of the District to be assessed is 20.33acres, or 885,575 square feet, exclusive of parks and open space. The initial costs of the improvements per acre shall be $16.76 or $0.000039 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $340.62, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $41.35 per acre, or $0.000949 per square foot. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 Discontinuation of District. If at any time after the initial term of the District a petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the district be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the Commission has, prior to the presentation of a petition or by a majority vote of the Commission to 65 Resolution 5637, Intent to Create Lighting District 787 Page 4 of 9 discontinue the District, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until after the expiration of the contract. Section 9 Public Hearing; Protests. Written protests against the creation or modification of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the Deputy City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, October 14, 2024. If protests are received by the deadline, the City Commission will hear and pass upon all written protests against the creation or extension of the District, on Tuesday, October 22, 2024, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana. If no protests are received, the City Commission may, on the same date, time, and location, pass a Resolution authorizing the creation or modification of the district. Section 10 Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on September 28, 2024 and October 5, 2024 in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 24th day of September 2024. 66 Resolution 5637, Intent to Create Lighting District 787 Page 5 of 9 ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ____________________________________ ALEX NEWBY Deputy City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 67 Resolution 5637, Intent to Create Lighting District 787 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5637, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 787 (HOMESTEAD AT BUFFALO RUN) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at a meeting on September 24, 2024 and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _____ ____________________ ; voted against the same: ___________ ___ ; abstained from voting thereon: ________________ ; or were absent: _______________ . WITNESS my hand officially this 24 th day of September 2024. ___________________________________ ALEX NEWBY DEPUTY CITY CLERK 68 Resolution 5637, Intent to Create Lighting District 787 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 787 (HOMESTEAD AT BUFFALO RUN) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on September 24, 2024, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 5637 to create Special Improvement Lighting District No. 787 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Homestead at Buffalo Run, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 5637 is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The district will pay the maintenance and energy costs for for six (6) 55 watt Lumec by Signify Domus Small Urban Luminaire single arm lights on round tapered forest green textured steel poles, mounted at 25 feet per City of Bozeman standards and thirteen (13) 37 watt Lumec by Signify Domus Small Urban Luminaire single arm lights on round tapered forest green textured steel poles, mounted at 25 feet per City of Bozeman standards. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $1.925 per 55 watt LED fixture and $1.295 per 37 watt fixture. This calculates annually to $23.10 per 55 watt light and $15.54 per 37 watt fixture or $340.62 in total. The total area of the District to be assessed is 20.33 acres, or 885,575 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $16.75or $0.000385per square foot annually.The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements 69 Resolution 5637, Intent to Create Lighting District 787 resulting in a cost not to exceed $41.35 per acre, or $0.000949 per square foot. Written protests against the creation or extension of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on October 14, 2024. If protests are received by the deadline, the City Commission will hear and pass upon all written protests against the creation or extension of the District, or the Improvements on Tuesday, October 22, 2024, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana. If no protests are received, the City Commission may, on the same date, time and location, pass a Resolution authorizing the creation or modification of the district. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. Dated: September 24, 2024. BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA _________________________________________ ALEX NEWBY Deputy City Clerk Legal Ad Publication Dates: Saturday, September 28, 2024 Saturday, October 5, 2024 70 Resolution 5637, Intent to Create Lighting District 787 RESOLUTION 5637 Resolution of Intent to create SILD No. 787 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Homestead at Buffalo Run and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING ALEX NEWBY, Deputy City Clerk, being first duly sworn, says: That I cause to be mailed first class the Notice in regard to the owners in Special Improvement Lighting District No. 787, as listed in Exhibit "B", on Friday, September 27 2024, directed to the owners at the addresses shown on Exhibit "B". ______________________________ ALEX NEWBY Deputy City Clerk 71 Kurk DriveFOWLER LANEEDGERTON AVE. GABRIEL AVE.DISTRICT BOUNDARYHOMESTEAD AT BUFFALO RUN PROJECT MAP AND DISTRICT BOUNDARY72 Parcel Block Lot ACCT #Sq Ft Ownership Assess Sq Ft Owner Owner Address City State Zip 1 1 3400 S Fowler Ave 885,575 100.00%885,575 RG 5400 Fowler LLC C/O RG Capital LLC 1271 Avenue of the Americas Flr 24 New York NY 10020 Square Footage 885,575 1.00000 885,575 Acres 20.33000 Address Homestead at Buffalo Run 73 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5641 Intent to Create a Special Improvement Lighting District 788 for Hyatt House Hotel Bozeman. MEETING DATE:September 24, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution No. 5641, Intent to Create Special Improvement Lighting District 788 for Hyatt House Hotel Bozeman STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:7-12-4301. Special improvement districts for lighting streets authorized. (1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway; (b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and (c) assess and collect such portion of such cost by special assessment against said property. (2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property FISCAL EFFECTS: As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is estimated to cost $33.54 per acre within the district or $109.20 annually for the entire district. UNRESOLVED ISSUES:None 74 ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is estimated to cost $33.54 per acre within the district or $109.20 annually for the entire district. Attachments: Resolution 5641-Intent to Create SILD 788.docx Exhibit A.pdf Exhibit B.pdf Report compiled on: September 10, 2024 75 Page 1 of 9 RESOLUTION 5641 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 788 (HYATT HOUSE HOTEL BOZEMAN)DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: Section 1 Intention to Create District; Proposed Improvements.It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve HYATT HOUSE HOTEL BOZEMAN (the “District”) for the purpose of maintenance and energy costs.The district will pay the maintenance and energy costs for four (4)50 watt Lumec Roadway by Signify Cobrahead small Luminaire lights on a single six foot mast arm on round tapered Hunter Green textured steel poles, mounted at 30 feet,per City of Bozeman standards. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $2.275 per 50 watt LED fixture. This calculates annually to $27.30 per 50 watt light or $109.20 in total. Section 2 76 Resolution 5641, Intent to Create Lighting District 788 Page 2 of 9 Number of District. The District, if the same shall be created and established, shall be known and designated as Special Improvement Lighting District No. 788 (HYATT HOUSE HOTEL BOZEMAN) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the Improvements and will be assessed for the costs of the Improvements as described in Section 1. The Improvements, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the Improvements. Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, based on the actual area method of assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5.The annual maintenance and energy costsare estimated at $109.20, and shallbe assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenuesand alleys.The total area of the District to be assessed is 3.256acres, or 141,813 square feet, exclusive of parks and open space. The initial costs of the improvements per acre shall be $33.54 or $0.000770 per square foot annually. 77 Resolution 5641, Intent to Create Lighting District 788 Page 3 of 9 Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $109.20, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $187.13 per acre, or $0.004296 per square foot. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 Discontinuation of District. If at any time after the initial term of the District a petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the district be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the Commission has, prior to the presentation of a petition or by a majority vote of the Commission to discontinue the District, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until after the expiration of the contract. Section 9 78 Resolution 5641, Intent to Create Lighting District 788 Page 4 of 9 Public Hearing; Protests. Written protests against the creation or modification of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the Deputy City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, October 14, 2024. If protests are received by the deadline, the City Commission will hear and pass upon all written protests against the creation or extension of the District, on Tuesday, October 22, 2024, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana. If no protests are received, the City Commission may, on the same date, time, and location, pass a Resolution authorizing the creation or modification of the district. Section 10 Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on September 28, 2024 and October 5, 2024 in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 24th day of September 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: 79 Resolution 5641, Intent to Create Lighting District 788 Page 5 of 9 ____________________________________ ALEX NEWBY Deputy City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 80 Resolution 5641, Intent to Create Lighting District 788 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5641, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 788 (HYATT HOUSE HOTEL BOZEMAN) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at a meeting on September 24, 2024 and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _____ ____________________ ; voted against the same: ___________ ___ ; abstained from voting thereon: ________________ ; or were absent: _______________ . WITNESS my hand officially this 24 th day of September 2024. ___________________________________ ALEX NEWBY DEPUTY CITY CLERK 81 Resolution 5641, Intent to Create Lighting District 788 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 788 (HYATT HOUSE HOTEL BOZEMAN) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on September 24, 2024, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 5641 to create Special Improvement Lighting District No. 788 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to HYATT HOUSE HOTEL BOZEMAN, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 5641 is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The district will pay the maintenance and energy costs for four (4) 50 watt Lumec Roadway by Signify Cobrahead small Luminaire lights on a single six foot mast arm on round tapered Hunter Green textured steel poles, mounted at 30 feet per City of Bozeman standards. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $2.275 per 50 watt LED fixture. This calculates annually to $27.30 per 50 watt light or $109.20 in total. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $33.54 per acre, or $0.000770 per square foot. Written protests against the creation or extension of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District 82 Resolution 5641, Intent to Create Lighting District 788 whose property is liable to be assessed for the costs. Such protests must be delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on October 14, 2024. If protests are received by the deadline, the City Commission will hear and pass upon all written protests against the creation or extension of the District, or the Improvements on Tuesday, October 22, 2024, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana. If no protests are received, the City Commission may, on the same date, time and location, pass a Resolution authorizing the creation or modification of the district. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. Dated: September 24, 2024. BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA _________________________________________ ALEX NEWBY Deputy City Clerk Legal Ad Publication Dates: Saturday, September 28, 2024 Saturday, October 5, 2024 83 Resolution 5641, Intent to Create Lighting District 788 RESOLUTION 5641 Resolution of Intent to create SILD No. 788 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to HYATT HOUSE HOTEL BOZEMAN and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING ALEX NEWBY, Deputy City Clerk, being first duly sworn, says: That I cause to be mailed first class the Notice in regard to the owners in Special Improvement Lighting District No. 788, as listed in Exhibit "B", on Friday, September 27, 2024, directed to the owners at the addresses shown on Exhibit "B". ______________________________ ALEX NEWBY Deputy City Clerk 84 85 PARCEL Block Lot ACCT #Sq Ft Ownership Assess Sq Ft Owner Owner Address City State Zip Minor Sub 221C 2A 152050 3568 N 27th Ave 141,813 100.00%141,813 Hotel Ventures Bozeman LLC 2647 E 14th N, Ste A Idaho Falls ID 83401 Square Footage 141,813 1.00000 141,813 Acres 3.25558 Address Hyatt House Hotel Bozeman LID 152050 86 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Ordinance 2162, Final Adoption, Revising Speed Limits on West Graf Street, West Oak Street, West Kagy Boulevard MEETING DATE:September 24, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Approve Final Adoption of Ordinance 2162. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The Bozeman City Commission finally adopted Ordinance 2142 on August 8, 2023 revising speed limits on City-controlled arterial and collector routes, expanding park zone speed zone hours, and removing the time of day qualifications for school zone speed limits. Speed zones on state-controlled routes are under the jurisdiction of the State Transportation Commission. Changes to speed zones on state- controlled routes require approved speed studies that are reviewed by the Montana Department of Transportation before being submitted to the State Transportation Commission for a final decision. City staff submitted speed studies for segments of state-controlled portions of Oak Street and Kagy Boulevard. Based on the submitted studies, the State Transportation Commission approved changes to the these segments at their April 29, 2024 meeting. Ordinance 2162 updates BMC Sec 36.07.050 to reflect these changes. Additionally, Ordinance 2162, corrects an error made by staff in the drafting of Ordinance 2142. The intent of Ordinance 2142 was to reduce the speed limit on West Graf Street west of North Nineteenth Avenue from 35 mph to 30 mph while keeping the speed limit at 25 mph from South Eleventh Avenue to South Nineteenth Avenue. Ordinance 2162 therefore revises BMC 36.070.050.A14 to re-establish a speed limit of 25 mph on West Graf Street from South Eleventh Avenue to South Nineteenth Avenue. Commission is now asked to approve final adoption of Ordinance 2162. UNRESOLVED ISSUES:None 87 ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:None Attachments: Ordinance_2162_Revising_Speed_Limits_on_West_Graf_Street__West_Oak_Street__and_West_Kagy_Boulevard Report compiled on: September 12, 2024 88 Version February 2023 Ord 2142 Page 1 of 7 ORDINANCE 2162 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA REVISING THE SPEED LIMIT ON WEST GRAF STREET, ON WEST OAK STREET, AND ON WEST KAGY BOULEVARD. WHEREAS,Mont. Const. Art. XI, § 4 mandates to liberally construe the powers of incorporated cities, and Mont. Const. Art. XI, § 6 of the Montana Constitution expressly authorizes a local government unit with self-government powers to exercise any power not prohibited by the constitution, law, or charter; and WHEREAS,the Bozeman City Charter establishes that the City of Bozeman is a local government that has adopted self-government powers which must be liberally construed; and WHEREAS,Strategic Plan 4.2, High Quality Urban Approach, establishes the city’s goal of “continu[ing] to support high-quality planning;” and WHEREAS, pursuant to theCity’s Bozeman Streets Are For Everyone Safety Action Plan, reducing motor vehicle speed reduces the risk of severe and fatal crash injuries; and WHEREAS, pursuant to Bozeman Municipal Code Sec. 36.07.010, the director of transportation and engineering may, upon completion of an investigation and consultation with the chief of police, alter speed limits on city-controlled routes; and WHEREAS, the Montana State Transportation Commission and the Montana Department of Transportation have jurisdiction over all state highways and highways located on the commission-designated highway system; and WHEREAS, the City of Bozeman contracted a professional engineer to conduct speed studies on Oak Street and on Kagy Boulevard; and WHEREAS, based on the results and recommendations of those speed studies, the City of Bozeman submitted a request to the Montana Department of Transportation to reduce the speed limit on Oak Street between North Seventh Avenue and North Nineteenth Avenue and on Kagy Boulevard between South Nineteenth Avenue and South Willson Avenue; and 89 Ordinance No. 2162, Revising Speed Limits Page 2 of 7 WHEREAS, at a meeting on April 29, 2024, the Montana State Transportation Commission, based on the City of Bozeman’s request, approved revising speed limits on Oak Street and on Kagy Boulevard as recommended in by the aforementioned speed studies; and WHEREAS, the City is amending its code so that all state highways and highways located on the commission-designated highway system within city limits comply with the speed limits established by the state. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Section 36.07.040, Bozeman Municipal Code, will be amended as follows: Sec. 36.07.050. Graduated speed zones designated. A.In accordance with the provisions of section 36.07.020.A.5, or any applicable subsequent commission resolution, it is unlawful for any operator of any vehicle to drive at a speed greater than designated below upon the following streets: 1.West Babcock Street.The speed limit is 30 miles per hour on all that part of West Babcock Street from the west line of West Main Street to the east line of Cottonwood Road. 2.Baxter Lane. a.The speed limit is 35 miles per hour from the west line of North Seventh Avenue to a point approximately 1,000 feet west of North Seventh Avenue. b.The speed limit is 45 miles per hour from a point approximately 1,000 feet west of North Seventh Avenue to a point approximately 1,200 east of North Nineteenth Avenue. c.The speed limit is 35 miles per hour from a point approximately 1,200 feet east of North Nineteenth Avenue to the east line of North Nineteenth Avenue. d.The speed limit is 30 miles per hour from the western line of North Nineteenth Avenue to Vaquero Parkway. e.The speed limit is 30 miles per hour from the western line of Cottonwood Road to the western boundary of the city. 3.Bozeman Trail Road.The speed limit is 40 miles per hour from the west line of Haggerty Lane to the north line of Kagy Boulevard. 4.Bridger Drive/Bridger Canyon Road. 90 Ordinance No. 2162, Revising Speed Limits Page 3 of 7 a.The speed limit is 35 miles per hour from the junction of Bridger Drive/Bridger Canyon Road with North Rouse Avenue to a point approximately 550 feet east of Story Mill Road. b.The speed limit is 45 miles per hour from a point approximately 550 feet east of Story Mill Road east to the city limit. 5.West College Street.The speed limit is 35 miles per hour from the west line of South Nineteenth Avenue to the south line of West Main Street. 6.Cottonwood Road. a.The speed limit is 35 miles per hour from Baxter Lane south to Huffine Lane. b.The speed limit is 45 miles per hour from Huffine Lane south to the city limits. 7.Davis Lane.The speed limit is 30 miles per hour from the north line of West Oak Street to the south line of East Valley Center Road. 8.Durston Road. a.The speed limit is 30 miles per hour from the west line of North Seventh Avenue west to the city limit. 9.Ferguson Avenue. a.The speed limit is 30 miles per hour from the north line of Huffine Lane north to the south line of Baxter Lane. 10.Fowler Avenue.The speed limit is 30 miles per hour from the south line of Huffine Lane to the north line of Garfield Street. 11.Frontage Road. a.The speed limit is 50 miles per hour from the junction of Frontage Road with North Seventh Avenue, northwest to the city limits. b.The speed limit is 50 miles per hour from the junction of Frontage Road with East Main Street, at the I-90 interchange, to a point approximately 100 feet east of Hospitality Way. c.The speed limit is 60 miles per hour from a point approximately 100 feet east of Hospitality Way east to the city limits. 12.Garfield Street.The speed limit is 30 miles per hour from the west line of South Nineteenth Avenue to the south line of Fowler Avenue. 13.Griffin Drive.The speed limit is 35 miles per hour from the east line of North Seventh Avenue to the west line of North Rouse Avenue. 14.West Graf Street.The speed limit is 30 mph from South Eleventh Nineteenth Avenue west to the city limit. 15.Haggerty Lane.The speed limit is 30 miles per hour from the west line of Bozeman Trail Road to Main Street. 91 Ordinance No. 2162, Revising Speed Limits Page 4 of 7 16.Highland Boulevard.The speed limit is 35 miles per hour from a point 400 feet north of Holly Drive to a point 225 feet south of East Curtiss Street. 17.Huffine Lane. a.The speed limit is 45 miles per hour from the junction of Huffine Lane with West Main Street to a point approximately 260 feet west of Ferguson Avenue. b.The speed limit is 55 miles per hour from a point approximately 260 feet west of Ferguson Avenue to west to the city limits. 18.Kagy Boulevard. a.The speed limit is 30 miles per hour from the east line of South Nineteenth Avenue to the east line of South Willson Avenue. ba. The speed limit is 35 miles per hour from the east line of South Willson Nineteenth Avenue to a point approximately 875 feet east of Highland Boulevard. cb. The speed limit is 40 miles per hour from a point approximately 875 feet east of Highland Boulevard to Bozeman Trail Road. 19.East Main Street. a.The speed limit is 40 miles per hour from a point approximately 300 feet east of Cypress Avenue to a point approximately 350 feet east of Haggerty Lane. b.The speed limit is 50 miles per hour from a point approximately 350 feet east of Haggerty Lane to the junction with Frontage Road at the Interstate 90 overpass. 20.West Main Street. a.The speed limit is 35 miles per hour from a point approximately 320 feet east of North Fifteenth Avenue to the west line of South Twenty-third Avenue. b.The speed limit is 45 miles per hour from the west line of South Twenty-third Avenue to the junction of West Main Street with Huffine Lane. 21.Manley Road.The speed limit is 25 miles per hour from the north line of Griffin Drive north to the city limits. 22.McIllhattan Road.The speed limit is 30 miles per hour from the west line of Story Mill Road northwest to the city limits. 23.North Nineteenth Avenue. a.The speed limit is 35 miles per hour from the south line of Durston Road to approximately 500 feet north of Durston Road. b.The speed limit is 40 miles per hour from a point approximately 500 feet north of the south line of Durston Road to Springhill Road. 24.South Nineteenth Avenue. a.The speed limit is 35 miles per hour from the north line of West Main Street to the south line of West College Street. 92 Ordinance No. 2162, Revising Speed Limits Page 5 of 7 b.The speed limit is 40 miles per hour from the south line of West College Street to 200 feet south of West Graf Street. c.The speed limit is 50 miles per hour from 200 feet south of West Graf Street south to 200 feet south of Blackwood Road. 25.Oak Street. a.The speed limit is 35 miles per hour from the west line of North Rouse Avenue to the east line of Cottonwood Road North Eleventh Avenue. b.The speed limit is 45 miles per hour from the east line of North Eleventh Avenue to the east line of North Nineteenth Avenue. c.The speed limit is 35 miles per hour from the west line of North Nineteenth Avenue to the west line of Cottonwood Road. 26.North Rouse Avenue.The speed limit is 35 miles per hour from a point approximately 430 feet north of East Oak Street to the junction of North Rouse Avenue with Bridger Drive at Griffin Drive. 27.North Seventh Avenue. a.The speed limit is 35 miles per hour from a point approximately 380 feet north of Durston Road to a point approximately 610 feet north of West Oak Street. b.The speed limit is 45 miles per hour from a point approximately 610 feet north of West Oak Street to a point approximately 1,720 feet north of Griffin Drive. c.The speed limit is 50 miles per hour from a point approximately 1,720 feet north of Griffin Drive to the junction of North Seventh Avenue with East Frontage Road. 28.Springhill Road. a.The speed limit is 35 miles per hour from East Frontage Road north to a point 2,300 feet north of Moss Bridge Road. b.The speed limit is 45 miles per hour from a point 2,300 feet north of Moss Bridge Road north to the city limits. 29.Story Mill Road.The speed limit is 30 miles per hour from the north line of Bridger Drive north to the city limits. 30.South Third Avenue.The speed limit is 35 miles per hour from the south line of West Graf Street south to the city limit. 31.East Valley Center Road. a.The speed limit is 45 miles per hour from North Nineteenth Avenue west a distance of approximately 2,830 feet. b.The speed limit is 50 miles per hour from a point approximately 2,830 feet west of North Nineteenth Avenue to a point approximately 290 feet west of North Twenty-seventh Avenue. 93 Ordinance No. 2162, Revising Speed Limits Page 6 of 7 c.The speed limit is 60 miles per hour from a point approximately 290 feet west of North Twenty-seventh Avenue west to 330 feet east of East Valley Center Spur. d.The speed limit is 45 miles per hour from a point 330 feet east of East Valley Center Spur west to the city limits. 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. The park speed limits repealed from BMC 36.07.040(A) will be in full force and effect pursuant to an order issued by the Director of Transportation and Engineering. 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. The specific speeds zones for the parks listed in BMC Sec. 36.07.070.A.1 –12 are repealed from the code, but 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 be codified as indicated in Section 1. Section 6 Effective Date. 94 Ordinance No. 2162, Revising Speed Limits Page 7 of 7 This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 10th day of September 2024. ____________________________________ TERENCE CUNINGHAM 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 ____________________, 20__. The effective date of this ordinance is ______________, 20__. _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 95 Memorandum REPORT TO:City Commission FROM:Elizabeth Cramblet, Associate Planner Chris Saunders, Community Development Manager Erin George, Interim Community Development Director SUBJECT:Ordinance 2170, Final Adoption, Rezoning A Tract of Land in the SW 1/4 NW 1/4 of Section 24, Township 02S, Range 05E from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use District) Containing 9.26 Acres, and B-2M (Community Business District Mixed) Containing 9.12 Acres. The South Range Crossing II Zone Map Amendment, Application 24196. MEETING DATE:September 24, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Final Adoption of Ordinance 2170 STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The City Commission unanimously approved Application 24196 on August 13, 2024, to rezone the western half of an existing site from R-1 (Residential Low Density District)) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use District) Containing 9.26 Acres, and B-2M (Community Business District Mixed) Containing 9.12 Acres. The South Range Crossing II Zone Map Amendment, Application 24196. Provisional adoption of Ordinance 2170 occurred on September 10, 2024. 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 Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: Ordinance_24196 - SRX II ZMA.pdf 24196_SRX II - ZMA Map.pdf 96 Report compiled on: September 5, 2024 97 Ord 2170 Page 1 of 6 ORDINANCE 2170 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP ON A TRACT OF LAND IN THE SW ¼ NW ¼ OF SECTION 24, TOWNSHIP 2 SOUTH, RANGE 5 EAST FROM R-1 (RESIDENTIAL LOW DENSITY DISTRICT) AND R-2 (RESIDENTIAL MODERATE DENSITY DISTRICT) TO REMU (RESIDENTIAL EMPHASIS MIXED USE DISTRICT) CONTAINING 9.26 ACRES, AND B-2M (COMMUNITY BUSINESS DISTRICT-MIXED) CONTAINING 9.12 ACRES. THE SOUTH RANGE CROSSING II ZONE MAP AMENDMENT, APPLICATION 24196. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Community Development Board has been created by Resolution 5330; and WHEREAS, the City of Bozeman Community Development Board has been assigned the duties of the Zoning Commission required by Section 76-2-307 MCA; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and 98 Ordinance No. 2170, South Range Crossing II Zone Map Amendment Page 2 of 6 WHEREAS, after conducting the required public hearing on July 15, 2024, the Bozeman Community Development Board in their capacity as the Zoning Commission recommended to the Bozeman City Commission that application No. 24196, the South Range Crossing II Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on August 13, 2024, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76 -3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal 99 Ordinance No. 2170, South Range Crossing II Zone Map Amendment Page 3 of 6 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, which responsibilities have been assigned to the Community Development Board, has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the requested REMU and B-2M districts. 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, Community Development Board recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of Application No. 24196 the South Range Crossing II Zone Map Amendment have been satisfied and no spot zoning occurs. Section 2 That the zoning district designations of the following-described property is hereby established as REMU (Residential Emphasis Mixed Use District): Legal Description A Tract of land in the SW ¼ NW ¼ of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully described as follows: Beginning at the N 1/16th corner of Section 24 and being the Point of Beginning; thence S. 0˚42’18” E. along said section line for a distance of 622.28 feet; thence N.89˚23’18” E. for a distance of 593.92 feet; N.0˚36’42” W. for a distance of 254.93 feet; thence along a curve to the right having a radius of 150.00 feet, a central angle of 47˚27’38” for an arc len gth of 124.25 feet and having a chord bearing of N.23˚07’07” E. for 120.73 feet; thence N.46˚50’56” E. for a distance of 60.01 feet; thence along a curve to the left having a radius 100 Ordinance No. 2170, South Range Crossing II Zone Map Amendment Page 4 of 6 of 150.00 feet, a central angle of 47˚33’14” for an arc length of 124.50 feet and having a chord bearing of N.23˚04’19” E. for 120.95 feet; thence N.0˚42’18” W. for a distance of 105.50 feet; thence S.89˚23’18” W. for a distance of 736.15 feet to the Point of Beginning. Section 3 That the zoning district designations of the following-described property is hereby established as B-2M (Community Business District-Mixed): Legal Description A Tract of land in the SW ¼ NW ¼ of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully described as follows: Commencing from the N 1/16th corner of Section 24; thence S.0˚42’18” E. along said section line for a distance of 622.28 feet to the Point of Beginning; thence N.89˚23’18” E. for a distance of 593.92 feet; thence S.0˚36’42” E. for a distance of 668.14 feet; thence S.89˚05’06” W. for a distance of 592.83 feet to the section line common to sections 23 and 24; thence N.0˚42’18” W. along said section line for a distance of 671.27 feet to the Point of Beginning. Section 4 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. 101 Ordinance No. 2170, South Range Crossing II Zone Map Amendment Page 5 of 6 Section 6 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 7 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” 102 Ordinance No. 2170, South Range Crossing II Zone Map Amendment Page 6 of 6 Section 8 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on th e 10th day of September 2024. ____________________________________ TERENCE CUNNINGHAM 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 24th day of September 2024. _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 103 18S18S18S18S18S18S18S18S18S18S18S18S18S24W24W24W24W24W24W24W24W24W24W24W24W12W 12W 12W SD SD SD SD SD SD SD 18S18S10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10S 10S 10S 10S 10S 10S 10S 18SD18SDS SS S S S 30SD30SDR=300.00' L=136.99' Δ=26°09'45" CB=S76°00'20"W CH=135.80' R=300.00' L=141.03' Δ=26°56'07" CB=S76°23'31"W CH=139.74' S89°05'06"W 1050.03'S0°09'06"E 1225.02'N0°42'18"W 1293.56'N89°23'18"E 1360.23' S89°05'06"W 30.00'S0°36'42"E668.14'671.27'592.83'622.28'457.20' N0°36'42"W 254.93' R=150.00' L=124.25' Δ=47°27'38" CB=N23°07'07"E CH=120.73' R=150.00' L=124.50' Δ=47°33'14" CB=N23°04'19"E CH=120.95' N46°50'56"E 60.01' N0°42'18"W 105.50' N89°23'18"E 593.92' 736.15'624.08' ©COPYRIGHT MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NO.DRAWN BY: FLD WK. BY: CHK. BY: DATE: 2024 Plotted by jon c. wilkinson on May/24/2024N:\5659\018 Providence - ZMA Blk 1 MS 494\ACAD\Exhibits\5659018-ZONE- MAP - SRX North 042423.dwgSOUTH RANGE CROSSING II ZONE MAP AMENDMENT BOZEMAN MONTANA 5659.018 EX-1 JCW JCW MEE 05/2024engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 200SOUTH 19TH AVENUETHE SOUTH RANGE CROSSING II ZONE MAP AMENDMENT ZONE AREA SUMMARY TOTAL ZONE AREA: LEGAL DESCRIPTION 39.86 acres GRAF STREET YELL O W S T O N E T H E O L O G I C A L INSTI T U T E M I N O R S U B 4 9 4 LOT 1, B L O C K 1 - 1 5. 0 6 9 A C LOT 2MINORSUB 235 C ALLI S O N S U B PHASE 4 A, L O T 1PLAT J-702ABOZE M A N COMM U N I T Y P L A N FUTU R E L A N D U S E: RESID E N TI A L MIXED U S E ZONI N G = R E M U BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D ZONIN G = R - O A Tract of land in the SW1/4NW1/4 of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully described as follows: Beginning at the NW 1/16th corner of section 24 and being the Point of Beginning; thence S.0°09'06" E. along the 1/16th line for a distance of 1225.02 feet to the centerline of Graf Street per Yellowstone Theological Institute Minor Subdivision 494; thence along said centerline S.89°05'06" W. for a distance of 30.00 feet; thence along a curve to the left having a radius of 300.00 feet, a central angle of 26°56'07" for an arc length of 141.03 feet and having a chord bearing of S.76°23'31" W. for 139.74 feet; thence along a curve to the right having a radius of 300.00 feet, a central angle of 26°09'45" for an arc length of 136.99 feet and having a chord bearing of S.76°00'20" W. for 135.80 feet; thence S.89°05'06" W. for a distance of 1050.03 feet to the section line common to sections 23 and 24; thence N.0°42'18" W. along said section line for a distance of 1293.56 feet to the N 1/16th corner of section 24; thence N.89°23'18" E. for a distance of 1360.23 feet to the Point of Beginning. Said description having 39.86 acres, along with and subject to any existing easements.SOUTH 15TH AVEREMU ZONING:EXISTING = 21.48 acres PROPOSED = 9.26 acres POINT OF BEGINNING EXITI N G Z O NI N G: R- 1 & R - 2 LOT 3, B L O C K 1 7.644 A C LOT 4, B L O C K 1 10.51 9 A C LOT 2, B L O C K 1.826 A C COMM O N O P E N SPAC E ALLISON SUBPHASE 4A, LOT2 PLAT J-702AZONIN G = R-1LOT 1MIN OR SUB 235BLOT 1, BLOCK 3SOUTHUNI V E RSI T Y DISTRICT PH 3PLAT J-695CITY PARK 3SOUT H UNIVERSITYDISTRICT PH-3PLAT J-695 ARNOLD STREET 14TH AVENUEYELL O W S T O N E T H E O L O GI C A L INSTIT U T E MI N O R S U B 4 9 4 LOT 1, B L O C K 2 TRACT AMINORSUB 235ALOT 3MIN O R SUB 235ABOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIG H B O R H O O D ZONIN G = R- 4 BOZE M A N C O M M U NI T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D ZONI N G = R - 1 BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D ZONIN G = R- 1 BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D ZONI N G = R E M U ALLISON SUBPHASE 4A, LOT 1PLAT J-702 A B2-M:9.12 acres EXIS TI N G Z O NI N G REM U PRO P O S E D Z O NI N G B-2M PRO P O S E D Z O NI N G REM UPARKMINOR SUB 235CLOT 3MINORSUB 235C104 Memorandum REPORT TO:City Commission FROM:Greg Sullivan, City Attorney SUBJECT:Final Adoption of Ordinance 2166 Prohibiting Trapping on City Land in the Bozeman Creek Watershed MEETING DATE:September 24, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Finally adopt Ordinance 2166 STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND: On September 10, 2024, the City Commission voted 4-1 to provisionally adopt Ordinance 2166. For detailed background information on this item please refer to the staff memorandum provided for provisional adoption. That memorandum is available by clicking here. If the Commission adopts this Ordinance it will be effective October 24, 2024. At that time, City staff will post notices at the main trailhead in Bozeman Creek and also at the New World Gulch trailhead and at the Moser Creek trail in Hyalite Canyon. In addition, City staff will provide a copy of this Ordinance and a notice to Montana Fish Wildlife and Parks. The City staff will also develop a webpage on trapping in Bozeman Creek including a reference to the Custer-Gallatin National Forest order prohibiting trapping within 500 feet of designated trails. the public on this Ordinance. The City’s webpage will also clarify that this Ordinance applies only to City lands and that outside of City lands and the 500 foot restriction imposed by the CGNF, trapping pursuant to Montana law is not prohibited. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Nominal. The City will incur costs related to posting notices, developing a web page, and responding to inquiries from the public. 105 Attachments: Ord_2166_Trapping_City_Lands_2024_FINAL.docx Sourdough_property Ex to Ord.pdf Report compiled on: September 11, 2024 106 Ordinance 2166 Page 1 of 4 ORDINANCE 2166 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROHIBITING THE TRAPPING OR SNARING OF FURBEARING ANIMALS, PREDATORY ANIMALS, OR NONGAME SPECIES ON CITY OWNED LAND IN THE BOZEMAN CREEK WATERSHED. WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may exercise any power not prohibited by the constitution, law or charter and neither the Montana Constitution, state law, or the City Charter prohibits the City Commission from adopting this Ordinance; and WHEREAS, the City owns land in the Bozeman Creek (Sourdough) Watershed south of the main public trailhead which the primary purpose of said lands is to provide for a safe and reliable potable water supply for the City; and WHEREAS,the City allows the public to use its lands in the Bozeman Creek Watershed south of the main public trailhead for recreational purposes including hiking, hunting, fishing, Nordic skiing, and wildlife viewing; and WHEREAS, as the population of Gallatin County grows, the public’s use of the Bozeman Creek Watershed for recreation has increased over time and the Commission desires to protect public safety and reduce conflicts between recreational uses and the trapping or snaring of furbearing animals, predatory animals, or nongame species; and WHEREAS, the Commission determines the City owned lands in the Bozeman Creek Watershed while open to the public by consent of the City are private lands for purposes of 87-6- 601(2), MCA. 107 Ordinance 2166 Page 2 of 4 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Trapping and Snaring on City Lands in the Bozeman Creek Watershed Prohibited. Trapping or snaring of furbearing animals, predatory animals, and nongame species is prohibited on all City owned land in the Bozeman Creek Watershed south of the main trailhead located on Sourdough Canyon Road as shown on Attachment A to this Ordinance. The city manager may grant exceptions to this prohibition. The city manager must take reasonable efforts to inform the public and the Montana Department of Fish, Wildlife and Parks of this Ordinance Montana Fish, Wildlife, and Parks and law enforcement officers having jurisdiction to enforce 87-6-601, MCA, may consider this Ordinance as a denial of permission by the City to trap or snare on lands identified in this Ordinance except as may specifically be authorized by the city manager. 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. 108 Ordinance 2166 Page 3 of 4 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. Section 1 of 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. Section 6 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. 109 Ordinance 2166 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 __ day of _______, 2024. ____________________________________ TERENCE CUNNINGHAM 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 therefor held on the __ day of _________ 2024. ____________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ________________________________ GREG SULLIVAN City Attorney 110 EXHIBIT A ORDINANCE 2166 111 Memorandum REPORT TO:City Commission FROM:Takami Clark, Communications & Engagement Manager SUBJECT:2024 Disability Community Chats Presentation MEETING DATE:September 24, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Special Presentation from Ability Montana 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:In 2023, the City of Bozeman finalized the Belonging in Bozeman Plan, the city and region's first Equity & Inclusion Plan. As part of this effort, City staff hired 3 Community Liaisons to help conduct outreach in key demographics of the community and inform 8 different topic areas within the plan. One of the Community Liaisons hired was Kristen Newman. Kristen was instrumental in bringing the disability community together via community chats to talk about challenges they faced, and forming a stronger partnership between the City and the disability community. The information that Kristen gathered was critical and resulted in important goals and recommendations that will increase access and equity for people with disabilities across Bozeman. Kristen's role as Community Liaison ended with the Plan's adoption in 2023, but she continued fostering the partnership through her role with Ability Montana. As we approached the anniversary of the Americans with Disabilities Act (ADA), staff and Ability Montana became interested in celebrating and supporting this event, a key recommendation in the Belonging in Bozeman Plan (Goal 2, Recommendation 1). One of the ways that Kristen suggested was by hosting another series of Community Chats, which became a reality in July 2024. This presentation will review what led up to these events and highlight key themes that arose in these chats and how they relate to the chats from 2023. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None 112 Attachments: 2024 Disability Community Chats Summary Report.pdf Report compiled on: September 18, 2024 113 2024 Disability Community Chats Summary Report Compiled by Ability Montana September 18, 2024 www.AbilityMT.org 114 2 | P a g e Table of Contents Why Are Disability Community Chats Important in Bozeman? ........................................................ 3 What Kind of Outcomes Can We Expect from Disability Community Chats and Engagement Opportunities? ............................................................................................................................. 3 Outcomes of the 2023 Disability Community Chats ....................................................................... 5 2024 Disability Community Chats ................................................................................................. 6 New Topics This Year ................................................................................................................ 6 Housing ................................................................................................................................... 6 Transportation and Mobility ....................................................................................................... 7 Health and Wellbeing ............................................................................................................... 9 Education ................................................................................................................................ 9 Childcare and Youth Programming ............................................................................................ 9 Economic Security ................................................................................................................. 10 Community Resiliency ............................................................................................................ 10 Community Safety and Civic Health ........................................................................................ 10 Other Topics, Ideas and Thoughts Shared ................................................................................ 11 Next Steps: Consider Finding Opportunities for Attainable Improvements to Access and Inclusion12 115 3 | P a g e Why Are Disability Community Chats Important in Bozeman? Community Chats provide a casual platform for individuals with disabilities to share their experiences, needs, and challenges through the lens of their personal experiences with city leadership. These viewpoints help the City of Bozeman understand the diverse needs of community members with disabilities. Community Chats build trust with city leadership. The City of Bozeman has been building trust and rapport by actively engaging with the disability community over the past year and a half through engagement activities like Community Chats. In doing so, the City has been actively demonstrating its commitment to access and inclusion by taking ongoing steps to make improvements to accessibility and inclusion within the City of Bozeman. Community Chats help communities identify barriers to access and opportunity in areas such as employment, education, healthcare, transportation, housing, community activities, programming, emergency services, recreation and more. Community Chats raise awareness within the community both about the unique needs and strengths of the disability community and how city leadership is acting on improving accessibility and inclusion. Community Chats promote empathy, understanding and allow us the opportunity to view life within our community through the lens of diverse experiences, bolstering our ability to be more aware of barriers to access and inclusion and how to address them. Community Chats allow us to co-create solutions through collaborative dialogue where community members can propose solutions and strategize with city leadership on feasibility and priority. What Kind of Outcomes Can We Expect from Disability Community Chats and Engagement Opportunities? Information and insights gathered from Community Chats and Engagement can help guide development of action plans and inform policies, procedures and practices that better address the needs of people with disabilities, an example of this is the 2023 Belonging in Bozeman Equity and Inclusion Plan. Informed Programming and Activities. We see this highlighted at this September 24th Commission meeting, where the City of Bozeman has enhanced accessibility and inclusion to provide the disability community an accessible platform to participate. Including: • ASL Interpreters and improved methods of communication that provide language access for our community members who are Deaf or hard-of-hearing. 116 4 | P a g e • Seating conflguration that includes space for wheelchairs and mobility equipment, so all attendees have an equitable opportunity to choose to sit next to their neighbors and friends, not at the edges of the room. • Barrier free and wider aisles that ensure people can access seating and the line for public comment. • The use of descriptors so our neighbors with vision impairments are afforded the same human connection that everyone else in the room has with each other. This commission meeting will allow, for the flrst time in recent history, equitable opportunity for residents within the disability community, who are our neighbors, colleagues and friends, and members of city leadership and community members to directly engage, participate and communicate with one-another. Community Empowerment. When disability access and inclusion is prioritized in programming and activities, such as the proactive steps the City of Bozeman has taken for this September 24th Commission meeting, a foundation is built for empowering residents with disabilities to engage directly with city leadership and their neighbors by providing equitable opportunity for engagement, dialogue and self-advocacy knowing that their voices matter, are welcomed and heard. Just like every other member of the community who has been afforded the privilege to attend the commission meetings barrier free. Tonight, the community dinner table had a leaf added. Source: Interaction Institute for Social Change | Artist: Angus Maguire Foster Change. When residents with disabilities are provided an equitable platform to highlight issues and decisions that affect them, it brings attention to often-overlooked challenges and barriers created by policy and in turn allows city leaders to broaden their viewpoints and scope when making decisions on the behalf of all residents. It ensures that city leadership is making informed decisions that ensure safety, inclusion and quality of life and mitigate risk of marginalization, discrimination and harm. An example of this is when city commissioners were discussing the Affordable Housing Ordinance, raised awareness of the need of parking for residents to have equitable access to housing, informed recommendations to make changes to no-parking incentives. 117 5 | P a g e Stronger Relationships. Community Chats strengthen the relationships between people with disabilities, stakeholders, and community members by opening the door for partnership and large- scale community collaboration to seek funding and improve resources to tackle the hardest, most critical, projects. Ensure Compliance. Local governments are mandated by the Americans with Disabilities Act (ADA) to provide accessibility in areas such as programming, activities, infrastructure, communication, and services. When members of the disability community are provided the opportunity to share their barriers to access, conversations can immediately elevate issues that need to be addressed that may have been overlooked or inadvertently placed low in priority. These opportunities for conversations and access to commission meetings ensure that city leadership remains informed of critical areas of issue in ADA compliance. They also provide opportunities for city leadership to co-create inclusive practices that go beyond the requirements of the ADA, not only ensuring compliance, but ensuring maximum opportunities for community members to thrive and live equitably amongst their neighbors. Outcomes of the 2023 Disability Community Chats • Improved seasonal access o Snow Angels, a program piloted in the 2023-2024 winter season, provided an opportunity for residents unable to shovel snow to be partnered with a fellow community member happy to assist. This allowed for decreased vulnerability to city snow removal flnes, and safe access to homes and neighborhoods. • Clear accessibility information posted on the City of Bozeman website o Link to the accessibility page at the top of the website. • Funding for a permanent Disability Community Liaison staff position in 2025 • Annual Disability Community Chats • Annual Mayoral Proclamation for Americans with Disabilities Act (ADA) Month • Recognition by city leadership of community members who have been strong advocates for the disability community • Allyship and robust community partnerships • Action plans to address accessibility improvements o Including funding the ongoing ADA sidewalk ramp surveys o Forthcoming action plans for accessibility improvements to public transit and paratransit services o Belonging in Bozeman Equity & Inclusion Plan ▪ Community Chats directly informed the 2023 Disability Community Liaison report ▪ Approximately 45 cross-community goals and recommendations will directly improve the lives of community members with disabilities. • Improved methods of effective communication and staff training • The disability voice and community needs elevated regularly by commissioners during public meetings where decisions are being made • Improved access to public meetings 118 6 | P a g e • Targeted outreach and community engagement opportunities on major projects • Amplifled resources in the forthcoming City of Bozeman online resource HUB 2024 Disability Community Chats The 2024 Disability Community Chats allowed for continued dialogue amongst City of Bozeman leadership, community stakeholders and community members with disabilities. Themes and topics highlighted during the 2024 Community Chats are outlined below. Items in bold are issues that were also highlighted during the 2023 Community Chats. This outline categorizes topics and themes found in the Belonging in Bozeman Equity and Inclusion Plan and 2023 Disability Community Liaison Report for ease of cross-reference. It should be noted that comments and bullet points made refiect the current understanding of where things currently stand within the City of Bozeman. It is recommended that city leadership host an outreach event or webinar sharing all the good work and proactive approaches and action steps currently taking place regarding topic areas below. Effective and open communication will continue to build trust, understanding in how things work within local government and foster patience. New Topics This Year • Deaf community o Improve engagement ▪ Develop effective methods of getting information about community engagement opportunities and what’s happening in the city o Gallatin Association of the Deaf ▪ Very small amount of members • Long-time community members have left o Due to the way city votes o Cost of living has gone up o No job opportunities • Adults with disabilities o Case management services ▪ Need targeted case management for adults with disabilities o Lack of resources for some disabilities o Are there resources available? ▪ To help adults live in their community Housing • Lack of housing for adults with disabilities who need higher level of care • Housing options with accessible units or features is majority low income o Leaves limited opportunity for housing for people with disabilities who are above income thresholds 119 7 | P a g e o Lack of accessible houses for rent or ownership • Housing being built now o Has bare minimum accessible units required under code o Houses are not being built accessible For goals and recommendations already in place for this topic, see Appendix B in the Belonging in Bozeman Equity & Inclusion Plan • Goal 3, Recommendations 1 and 2 Transportation and Mobility o Galavan/Paratransit ▪ A great service but there are barriers to access ▪ Timely access to transportation • Affects access to healthcare o Healthcare providers are concerned about inadequate means of timely transportation to medical appointments for people with disabilities o Patients are unable to obtain transportation for same day, emergent, medical appointments nor same week • A one hour appointment can turn into a 4 hour appointment due to waiting for transportation • Employment ▪ Hours of operation • No opportunity to work in the evenings • No opportunity to attend evening public meetings • No weekend service ▪ SOLUTION: Partner with ride share apps • Example: Tennessee o How to address transportation access for people who live or work outside of the service zone for paratransit? o Transit (fixed route) ▪ Bus drivers do not assist with ramps ▪ Bus stops are too far away from some people’s housing o How to be less complaint driven? o Transportation Planning Committee o Urban Transportation District Board • Accessible parking o Lack of ADA parking spaces in realistic distance to buildings and community areas ▪ Too far to walk • Places of business • Downtown access o Downtown parking garage 120 8 | P a g e ▪ Only has one parking space that doesn’t require the elevator ▪ Elevator is regularly out of order ▪ Barriers caused by limited fiat surfaces ▪ Add additional ADA parking o Machinery stored ▪ Impeding accessible parking ▪ Cars/driving ▪ Safe mobility for wheelchairs o Snow storage o Need for enforcement ▪ Even though rules and regulations are in place people are abusing ▪ Requires more officers and staffing • Funding • Snow removal remains a major issue o Powerchair users are especially prone to facing barriers o Snow removal downtown ▪ No accountability for business owners to maintain sidewalks • Allow snow to pack o Wheelchair inaccessible o Melted and refrozen creates dangerous ice ▪ Affects people with mobility impairments ▪ Barriers to accessing employment at businesses located downtown ▪ Plows create berms at curb cuts and in middle of crosswalks ▪ Plows plow snow into accessible parking spaces along main street o Snow removal and winter maintenance on sidewalks throughout the city • Sidewalks and Mobility o Incomplete sidewalks force wheelchair users to utilize the street or bike lanes ▪ Dangerous – cars don’t give space o Sight lines at corners ▪ Remove corner parking space • Corner parking space blocks line of site for right hand turns o Drivers pull up to have better line of sight and block crosswalk ▪ Creates safety issue for blind community o Bike lanes ▪ Not just used for bicycles • Alternative mobility devices • Wheelchairs ▪ Blocked by parked cars ▪ Blocked by city signage ▪ City has given golf courses a waiver to park in bike lanes ▪ Allowing barriers in bike lanes feels disrespectful o Bike-ped gap analysis ▪ Audit of entire city 121 9 | P a g e For goals and recommendations already in place for this topic, see Appendix B in the Belonging in Bozeman Equity & Inclusion Plan • Goal 1, Recommendations 1 through 5 • Goal 2, Recommendations 1 through 5 • Goal 3, Recommendations 1 through 4 Health and Wellbeing • Barriers to healthcare due to lack of available transportation • Mental health support o NAMI connections o Where to go or who to call for mental health resources? o Need more mental health services For goals and recommendations already in place for this topic, see Appendix B in the Belonging in Bozeman Equity & Inclusion Plan • Goal 1, Recommendation 1 • Goal 2, Recommendations 1 through 2 • Goal 3, Recommendations 1 through 2 • Goal 4, Recommendation 1 Education • More educational opportunities for people with disabilities • More opportunities for participation in activities • Education for teachers about disabilities and different disabilities For goals and recommendations already in place for this topic, see Appendix B in the Belonging in Bozeman Equity & Inclusion Plan • Goal 2, Recommendation 1 Childcare and Youth Programming • More opportunities for participation in activities For goals and recommendations already in place for this topic, see Appendix B in the Belonging in Bozeman Equity & Inclusion Plan • Goal 1, Recommendation 2 122 10 | P a g e Economic Security • Access to businesses and employment (As highlighted under Transportation) • Job discrimination o Need access to resources to know what kind of advocacy assistance is available • No paratransit in evenings or weekends causes direct barriers to earning income o Some professions require majority evening work • Educate business owners on accessibility improvement incentives For goals and recommendations already in place for this topic, see Appendix B in the Belonging in Bozeman Equity & Inclusion Plan • Goal 2, Recommendations 1 through 2 Community Resiliency • Lack of information about the services in town for people with disabilities • Information access o Where can people flnd resources? ▪ Accessible technology resources • MonTech • Montana Association for the Blind For goals and recommendations already in place for this topic, see Appendix B in the Belonging in Bozeman Equity & Inclusion Plan • Goal 1, Recommendation 1 • Goal 2, Recommendation 1 • Goal 3, Recommendation 1 Community Safety and Civic Health • Lack of effective communication and access to information in town for people with disabilities to know when community engagement activities are occurring, regardless of if it is directly related to the disability community o Improve accessible and available advertising of events • Create a disability advocacy group to speak during public comment at commission meetings For goals and recommendations already in place for this topic, see Appendix B in the Belonging in Bozeman Equity & Inclusion Plan • Goal 1, Recommendations 1 and 4 • Goal 2, Recommendations 1 through 4 123 11 | P a g e • Goal 3, Recommendation 1 and 2 • Goal 4, Recommendation 1 • Goal 5, Recommendations 1 through 3 • Goal 6, Recommendation 2 Other Topics, Ideas and Thoughts Shared • Elevators (See Goal 3, Recommendation 2 under Housing in Appendix B of the Belonging in Bozeman Equity & Inclusion Plan) o Buildings o Housing • Lack of accessible door buttons around town • Innovation o Take advantage of grant opportunities o Strategize ▪ Assess projects to take advantage of funding where projects can overlap with accessibility and ADA compliance • Maximize use of funding o Don’t silo projects o Don’t push issues 10 years down the road ▪ Prioritize funding now o Don’t follow patterns of the past o How to make infrastructure improvements that would help accessibility? ▪ Funding? • Accessibility helps the whole community, not just people with disabilities o At some point in our lives many of us will experience disability ▪ Plan for it ▪ Age, injury • Accessibility is when we build for everyone; accommodations are required as an afterthought due to lack of accessible design – makeshift solutions City of Bozeman staff and representatives “have a heart-space for this work.” 124 12 | P a g e Next Steps: Consider Finding Opportunities for Attainable Improvements to Access and Inclusion Ideas and Suggestions: • Community Resource Navigation o Implement a temporary page on the City of Bozeman website that lists community organizations, available resources and contact information while the formal Resource HUB is under development • Engage with diverse groups within the disability community to understand best ways to convey important information, such as engagement opportunities with projects like the UDC (action steps currently in progress) o Create accessible and available outreach methods • Commit to language access by providing ASL interpretation for, at minimum, all major public meetings where commission is taking action on policy that directly impacts all community members. In addition, provide ASL interpretation for all projects that require public hearings. Ensure that it is communicated effectively with community members that ASL interpretation will be provided. o Note: regardless of whether there are community members in the room who communicate through American Sign Language, this access extends to the video streams of public meetings – captioning does not always provide language access. ASL is its own language, structured differently than English and interpreters convey emotion, personality, emphasis and tone of the person who is speaking. • Commit to continued accessibility and inclusion at Commission meetings beyond September 24, 2024 in ways such as: o Provide staff training on making accessible PowerPoints and presentations ▪ Include consideration for visibility at the back of the room ▪ Font size ▪ Font and background colors ▪ Describe all visual images and structure charts ▪ Provide printouts of slides for people to follow along ▪ Ensure slides are accessible and available for people who utilize screen readers o Mindful, barrier-free room arrangements that maximize access and inclusion o Captioning on the screen when commissioners attend the meeting virtually o Use of descriptors and identifying who is talking o Prioritize providing ASL interpreters at all major public meetings and hearings • Community education campaign about snow removal requirements, with an emphasis on business access • Find solutions through community partnerships to ensure transit stops are clear of snow and ice this winter. 125 Memorandum REPORT TO:City Commission FROM:Kesslie Carlson-Ham, Sustainability Program Analyst Natalie Meyer, Sustainability Program Manager Jon Henderson, Assistant City Manager SUBJECT:2022 Greenhouse Gas Emissions Inventory Report MEETING DATE:September 24, 2024 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:2022 Greenhouse Gas Emissions Inventory Report. STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND: Climate change exacerbates many of the challenges facing the Bozeman community. Bozeman is not alone in facing increasing risks due to hotter and more extreme climate conditions. From increases in wildfires and droughts to the spread of insects and diseases to unhealthy air quality, climate change impacts the daily lives of Bozeman residents. With the adoption of the 2020 Bozeman Climate Plan , Bozeman established science-based targets to align with current climate science. The goals represent our community's fair share of greenhouse gas reductions necessary to meet the Paris Climate Agreement commitment of keeping global warming to 1.5 degrees Celsius (equivalent to 2.7 Fahrenheit). Bozeman's ambitious goals include: Reduce Greenhouse Gas Emissions 26% Below 2008 Levels by 2025, Achieve 100% Net Clean Electricity by 2030, and Achieve Carbon Neutrality by 2050. To track progress towards these goals and inform future programming, the City of Bozeman committed to completing a community greenhouse gas emissions (GHG) inventory every two years to monitor emissions within the City of Bozeman's boundary. The inventory was completed by the Sustainability Division using the methodology and reporting template outlined in the Global Protocol for Community-Scale Greenhouse Gas Emissions (GPC) standard to provide a complete, transparent, and accurate 126 accounting of Bozeman's community-wide emissions. Sustainability Program Manager, Natalie Meyer, will present a summary of the 2022 Community Greenhouse Gas Emissions Inventory. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 2022 GHG Emissions Inventory Report 20240924.pdf 2022 GHG Emissions Inventory Infographic (8.5x11) 20240924.pdf Report compiled on: September 12, 2024 127 City of Bozeman 2022 Community Greenhouse Gas Emissions Inventory Report 128 i Table of Contents Introduction ………………………………………………………………………………………………………... 1 Overview of 2022 Emissions …………………………………………………………………………….…….... 2 Emissions by Scope ……………………………………………………………………………………………… 6 Emissions by Sector and Source ……………………………………………………………………………….. 7 Drivers of Greenhouse Gas Emissions Changes ……………………………………………………………. 17 Per Capita Emissions …………………………………………………………………………………………… 20 Bozeman Climate Plan Goals ………………………………………………………………………………….. 22 Summary …………………………………………………………………………………………………………. 22 Appendix A: Data Sources ……………………………………………………………………………………... 23 Appendix B: Emissions Factors ……………………………………………………………………………….. 24 Table of Tables Table 1. 2022 greenhouse gas emissions by sector, source, scope, and percent total. ........................................................................ 9 Table 2. ICLEI Contribution Analysis tool detailed table. .................................................................................................................... 19 Table 3. Per capita greenhouse gas emissions intensities for Bozeman, the U.S., and internationally. .............................................. 20 129 ii Table of Figures Figure 1. 2022 Bozeman City Limits ..................................................................................................................................................... 1 Figure 2. 2022 GHG emissions by sector. ............................................................................................................................................ 2 Figure 3. Annual GHG emissions for the City of Bozeman with emissions trend line and population growth. ....................................... 3 Figure 4. Revised GHG emissions inventory figure for 2020. ............................................................................................................... 4 Figure 5. Annual per capita GHG emissions with per capita emissions trend line and population growth. ............................................ 5 Figure 6. 2022 GHG emissions by scope. ............................................................................................................................................ 6 Figure 7. Annual GHG emissions by sector. ......................................................................................................................................... 7 Figure 8. 2022 GHG emissions by percent sector and source. ............................................................................................................. 8 Figure 9. Stationary energy sector GHG emissions detail. ................................................................................................................. 12 Figure 10. Transportation sector GHG emissions detail. .................................................................................................................... 13 Figure 11.Air travel at BZN and total US airports with linear trend lines showing a rate of return to travel following 2020 (US Dept. of Transportation – Bureau of Transportation Statistics)......................................................................................................................... 14 Figure 12. Waste and wastewater sector GHG emissions detail. ....................................................................................................... 15 Figure 13. ICLEI Contribution Analysis results show sources of greenhouse gas emissions increases and decreases between 2020 and 2022. ........................................................................................................................................................................................... 18 Figure 14. Per capita GHG emissions by sector. ................................................................................................................................ 20 Figure 15. Climate Plan reduction pathway and business as usual GHG emission projections .......................................................... 21 130 1 Introduction The City of Bozeman began tracking community greenhouse gas (GHG) emissions in 2008 and since 2016 has performed a Global Protocol Community-scale (GPC) compliant greenhouse gas emissions inventory on a bi-annual basis to monitor and inform progress on climate action. With guidance from the International Council for Local Environmental Initiatives (ICLEI) over time, the emission inventories have allowed Bozeman to understand GHG emission sources, trends, and drivers of change within four sectors – stationary energy, transportation, waste, and industrial processes. Using the 2008 inventory as a baseline year, the Bozeman Climate Plan was adopted in 2020, laying out ambitious climate goals including a 26% reduction in GHG emissions by 2025, 100% clean electricity by 2030, and carbon neutrality by 2050. As Bozeman continues to grow, the bi-annual GHG emissions inventory helps to inform the progress the community is making toward the Bozeman Climate Plan goals, recognize reduction opportunities, and support further climate action on an individual and local level. The GHG emissions inventory assesses community- scale emissions within Bozeman’s city limits (Figure 1.) as the physical boundary, helping to determine the scope of emissions by source and activity. Figure 1. 2022 Bozeman City Limits 131 2 Overview of 2022 Emissions Bozeman’s 2022 GHG emissions totaled 687,194 metric tons of carbon dioxide equivalent (mt CO2e) inclusive of all GHG emissions generated in Bozeman from building energy use (stationary energy), transportation, and waste. In 2022, building stationary energy emissions were the largest contributor to Bozeman’s GHG emissions, accounting for 52% of total emissions, with commercial and industrial buildings responsible for 29% and residential buildings for 23%. Transportation emissions account for 37% of total emissions. Waste and wastewater processes contributed 10% of total emissions. Industrial process emissions contributed 1% of total emissions. Figure 2. 2022 GHG emissions by sector. Commercial and Industrial Buildings29% Residential Buildings23% Transportation37% Waste10% Industrial Processes1% Emissions by Sector 132 3 Bozeman’s overall greenhouse gas emissions have increased 19% from 2020 and 31% from the 2008 baseline year. Per capita emissions have increased 13% from 2020 and decreased 17% from the 2008 baseline year. A contributing factor to Bozeman’s increased overall emissions is rapid population growth; Bozeman’s population has increased by 57% from 2008 to 2022 and continues to increase at a rate of approximately 4% per year. See Figure 3. Figure 3. Annual GHG emissions for the City of Bozeman with emissions trend line and population growth. 523,826 552,116 522,404 607,139 576,868 687,194 0 10,000 20,000 30,000 40,000 50,000 60,000 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 2008 2012 2016 2018 2020 2022 PopulationGHG Emissions (mt CO2e) Greenhouse Gas Emissions Inventories and Bozeman Population Growth Emissions Population 133 4 Additional data has been made available since the 2020 GHG emissions inventory resulting in a more accurate accounting of Bozeman’s overall emissions for both 2020 and 2022. With the integration of improved data sets in the waste and transportation sectors, the 2020 inventory final reporting figure has increased 5% from the previously reported 548,746 mt CO2e to 576,868 mt CO2e. By continuing to refine the process and data sources used in the greenhouse gas emissions inventory the City of Bozeman can help ensure the most accurate reporting of community-scale emissions. Figure 4. Revised GHG emissions inventory figure for 2020. 548,746 523,826 552,116 522,404 607,139 576,868 687,194 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 2008 2012 2016 2018 2020 2022GHG Emissions (mt CO2e)Greenhouse Gas Emissions Inventories 134 5 Per capita emissions show a decreasing trend while the population continues to increase at rates that have exceeded the growth projection modeling used to establish climate goals in the 2020 Climate Plan. Decreasing per capita emissions is indicative of individuals reducing their greenhouse gas emitting activities. Although overall emissions have increased for Bozeman the current community actions are trending in the right direction. Figure 5. Annual per capita GHG emissions with per capita emissions trend line and population growth. 14.7 14.7 11.6 12.5 10.8 12.2 0 10,000 20,000 30,000 40,000 50,000 60,000 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 2008 2012 2016 2018 2020 2022 PopulationPer Capita GHG Emissions (mt CO2e) Per Capita Greenhouse Gas Emissions and Bozeman Population Growth Emissions Population 135 6 Emissions by Scope Emissions are broadly categorized by sector, scope, and source. When calculating emissions by scope each source is examined on the point of emissions release in relation to the city boundary. Scope 1 emissions include greenhouse gas sources that are emitted within the city boundary, such as the usage of natural gas, vehicle activity, and waste processes. Scope 2 emissions include the use of grid-supplied fuels such as electricity that are sourced from outside of the city boundary but are used within the city boundary. Scope 3 emissions include all other greenhouse gas emissions that occur outside the city boundary as a result of activities within the city, such as landfilled waste. Figure 6. 2022 GHG emissions by scope. Scope 1 emissions accounted for 55% of Bozeman’s total emissions (379,966 mt CO2e). On-road vehicle activity was the largest contributor to scope 1 emissions followed by commercial and residential natural gas use. Scope 2 emissions made up 24% of total emissions (166,332 mt CO2e), which are attributed to grid-supplied energy usage for commercial and residential buildings. A small portion would also be attributed to the grid-supplied energy used to charge electric vehicles. Scope 3 emissions accounted for 21% of total emissions (140,896 mt CO2e), half of which is from aviation emissions. The other half is largely attributed to waste and wastewater treatment, the transportation of waste outside the city’s boundary, as well as transmission and distribution (T&D) losses associated with grid-supplied electricity. Transmission and Distribution Losses Transmission and distribution loss is the estimated quantity of electricity lost to inefficiencies in the utility grid. Northwestern Energy has estimated a T&D loss rate of 6.27% resulting in the loss of 25,230,387 kWh in the process of supplying Bozeman with electricity. The total emissions from these losses are 11,102 mt CO2e and comprise 3% of overall emissions. Scope 155% Scope 224% Scope 321% Emissions by Scope 136 7 Emissions by Sector and Source The community-scale greenhouse gas inventory for the City of Bozeman is broken into four sectors with various contributing sources: building stationary energy, transportation, waste and waste processes, and industrial processes. Stationary energy includes emissions from commercial and residential building utility usage, propane and diesel combustion, and T&D losses. Transportation includes emissions from off-road and on- road gas and diesel fuel combustion, aviation, transit, electric vehicles, and T&D losses associated with electric vehicles. Waste and waste processes include emissions from the transportation, collection, and processing of waste, and emissions released from landfilled organic materials. Industrial processes include emissions from refrigerant leaks in building heating, ventilation, and air conditioning (HVAC) systems. Figure 7. Annual GHG emissions by sector. - 50,000 100,000 150,000 200,000 250,000 300,000 2008 2012 2016 2018 2020 2022 Sector GHG Emissions (mt CO2e) Emissions by Sector Over Time Industrial Processes Waste Residential Buildings Commercial Buildings Transportation 137 8 Figure 8. 2022 GHG emissions by percent sector and source. Residential Fuel Use23% Commercial Fuel Use29% Transportation37% Waste10% Residential Electricity12% Residential Natural Gas10% Residential Propane 0.4% Residential Wood0.03% Fugitive Emissions0.3% Commercial Electricity 13% Commercial Natural Gas15% Commercial Propane0.3%Fugitive Emissions0.5% On-Road Gasoline 14% Aviation10% On-Road Diesel8% Off-Road 5% On-Road Electricity0.1% Transit0.04% Landfilled8% Closed Landfill 2% Compost 0.1%Wastewater 0.04% Emissions by Sector and Source 138 9 Table 1. 2022 greenhouse gas emissions by sector, source, scope, and percent total. Stationary Energy Fuel Usage Scope GHG Emissions (mt CO2e) Percent Commercial and Industrial Natural Gas 1 102,424 15% Commercial and Industrial Stationary Diesel 1 0 0% Commercial and Industrial Propane 1 1,773 0.3% Residential Propane 1 2,940 0.4% Residential Natural Gas 1 69,722 10% Residential Wood 1 222 0.03% Electricity Scope GHG Emissions (mt CO2e) Commercial and Industrial Grid-Supplied Electricity 2 86,904 13% Residential Grid-Supplied Electricity 2 78,792 11% Commercial and Industrial T&D Losses 3 5,823 1% Residential T&D Losses 3 5,279 1% Fugitive Emissions Scope GHG Emissions (mt CO2e) Commercial and Industrial 1 3,329 0.5% Residential 1 2,266 0.3% Total Stationary Energy 359,475 52% 139 10 Transportation On-Road Vehicles Scope GHG Emissions (mt CO2e) Emissions from fuel combustion on-road transportation occurring in the city 1 150,023 22% Emissions from grid-supplied energy consumed in the city for on-road transportation 2 635 0.1% EVs T&D Losses 3 43 0.01% Off-Road Scope GHG Emissions (mt CO2e) Off-road fuel use 1 32,224 5% Transit Scope GHG Emissions (mt CO2e) Transit activities within the city (buses) 1 288 0.04% Aviation Scope GHG Emissions (mt CO2e) Transboundary aviation 3 71,830 10% Total Transportation 255,043 37% Waste Community Solid Waste Scope GHG Emissions (mt CO2e) Landfilled waste treated outside the City 3 53,888 8% Composted waste treated inside the City 1 188 0.03% Composted waste treated outside the City 3 693 0.1% Emissions from closed landfill 1 13,201 2% Wastewater Treatment and Discharge Scope GHG Emissions (mt CO2e) Wastewater Generated and Treated in City 1 298 0.04% Total Waste 68,268 10% 140 11 Industrial Processes and Product Use Refrigerant Leakage Scope GHG Emissions (mt CO2e) Emissions from leaked refrigerants in the City 1 1,068 0.2% Total Refrigerants 1,068 0.2% Other Scope 3 Other Scope 3 Scope GHG Emissions (mt CO2e) Emissions from transport, collection, and processing of waste 3 3,341 0.5% Total Other Scope 3 3,341 0.5% 141 12 Stationary Energy Bozeman’s largest emissions contributor is from stationary energy sources, comprising 52% of the total greenhouse gas emissions for the 2022 inventory (359,475 mt CO2e), a 14% increase from 2020. The stationary energy sector includes emissions from building utility use, primarily from electricity and natural gas usage, as well as other fuel sources such as propane, stationary diesel, wood, and T&D losses. Fugitive emissions are also included in the stationary energy sector to account for the natural gas sourcing, transport, and leakage. Overall, electricity use accounted for 49% of stationary energy emissions, including T&D losses (176,798 mt CO2e). Natural gas use also accounted for 49% of stationary energy emissions, including fugitive emissions (177,741 mt CO2e). Commercial and industrial buildings make up 53% of the total stationary energy emissions (191,101 mt CO2e), a 14% increase from 2020. The increase in commercial and industrial buildings was largely predicted following the lifting of COVID-19 pandemic restrictions and the return to office spaces, industrial buildings, and academic institutions. Residential buildings make up 42% of total stationary energy emissions (151,677 mt CO2e) and were also observed to have a 14% increase from 2020. Fugitive emissions and T&D losses make up the remaining 5% of total stationary energy emissions (16,697 mt CO2e). In 2022, Bozeman commercial and residential buildings used 376,572,945 kWh of electricity and 32,366,316 therms of natural gas. Figure 9. Stationary energy sector GHG emissions detail. Residential Electricity22%Residential Natural Gas19% Residential Propaneand Wood1%Commercial Natural Gas28% Commercial Electricity24%Commercial Propane1% Fugitive Emissions2% T&D Losses3% Stationary Energy Sector Emissions 142 13 Transportation Transportation sector emissions are the second largest source of Bozeman’s greenhouse gas emissions and comprise 37% of the total emissions for 2022 (255,043 mt CO2e), an overall 23% increase from 2020. On-road vehicles are the largest contributing factor of greenhouse gas sources for the transportation sector. On-road gasoline vehicles make up 39% of the total transportation emissions (98,093 mt CO2e), diesel on- road vehicles, make up 20% (51,931 mt CO2e), public transit contributed 0.11% (288 mt CO2e), and electric vehicles along with T&D losses make up 0.2% of transportation emissions (678 mt CO2e). Aviation emissions make up 28% of total transportation sector emissions (71,830 mt CO2e), an 80% increase from 2020 aviation emissions, this could largely be attributed to the lifting of COVID-19 related travel restrictions as well as an increase in population and tourism in Bozeman. Off-road emissions contributed 13% of total transportation emissions (32,224 mt CO2e). Off-road emissions include fuel combustion from agricultural equipment, private aviation such as medical helicopters and aerial surveys, boating, commercial and industrial equipment, construction equipment, lawn and garden equipment, and recreational equipment such as snowmobiles and ATVs. In 2022, people drove 315,922,851 miles in Bozeman, a measure provided by the Montana Department of Transportation of Vehicle Miles Traveled (VMT) using a model based on road miles and vehicle counts. Figure 10. Transportation sector GHG emissions detail. On-Road Gasoline 39% Aviation28% On-Road Diesel 20% Off-Road13% On-Road Electricity0.2% Transit0.1% T&D Losses0.02% Transportation Sector Emissions 143 14 Transportation – Aviation Although Bozeman does not have an airport within city limits the Bozeman-Yellowstone International Airport (BZN), located only a few miles from the center of town, serves as the air travel hub for the community. Because the emissions from air travel occur outside of city limits, these emissions are considered Scope 3. They are calculated based on ICLEI guidance, using the percentage of passengers that begin their travel from Bozeman as an indicator of the amount of jet fuel and aviation gasoline attributable to the community. In 2022, BZN had a total of 2,264,424 passengers taking flights in and out of the airport, 42% of those passengers began their travel from BZN. It’s estimated that a total of 7,350,936 gallons of jet fuel and aviation gasoline were used to accommodate that travel, resulting in the emissions of 71,830 mt CO2e, making up 10% of Bozeman’s total greenhouse gas emissions. Aviation emissions stand out in the overall 2022 GHG emissions inventory due to the rate of increase from 2020. Prior to 2020, air travel was steadily increasing at BZN, following similar national trends. In 2020, air travel decreased nationally by 58%, and at BZN by 43%, largely due to travel restrictions associated with the COVID-19 pandemic. Between 2020 and 2022, national air travel steadily increased to near pre-pandemic levels, while BZN exceeded pre-pandemic travel by 44%, see Figure 10. While these figures refer to all air travel in and out of BZN and are not entirely attributable to Bozeman, the rate of increased air travel to the region is notable for overall emissions intensity for the Bozeman community. Figure 11.Air travel at BZN and total US airports with linear trend lines showing a rate of return to travel following 2020 (US Dept. of Transportation – Bureau of Transportation Statistics). 0 100 200 300 400 500 600 700 800 900 1000 0 500 1,000 1,500 2,000 2,500 2018 2019 2020 2021 2022 US Airport Passengers (millions)BZN Passengers (thousands)Air Travel Trends BZN Air Travel US Air Travel 144 15 Waste and Wastewater Waste and wastewater processes account for 10% of total greenhouse gas emissions (68,268 mt CO2e), an overall 33% increase from 2020. Most of the waste produced in Bozeman is collected and transported to the Logan Landfill, this waste is a mix of solid waste and compostable material. Solid waste refers to everything that is not composted or recycled and mostly consists of Municipal Solid Waste (MSW), which is household waste such as food scraps, and non- recyclable paper and plastic. In 2022, Bozeman’s solid waste included 67% MSW and totaled 50,844 tons of landfilled waste, a 61% increase from 2020 when MSW totaled 31,547 tons. Solid waste also describes other discarded materials such as tires, e-waste, and construction waste. Generally, organic materials have a higher global warming potential when landfilled compared to recycling or composting. Solid waste contributed 79% of total waste-related emissions (53,888 mt CO2e), a 49% increase from 2020, largely due to the increase in MSW. The second largest source of greenhouse gas waste emissions comes from the closed Story Mill Landfill in Bozeman. The closed landfill continues to emit methane from previously landfilled organic material. This methane is captured, flared, and converted to CO2 before it is emitted into the atmosphere, resulting in a 19% contribution to total waste emissions (13,201 mt CO2e). Wastewater treatment contributed 0.4% of total waste emissions (298 mt CO2e) and is primarily impacted by the volume and concentration of wastewater. A small portion of the waste generated in Bozeman comprised of food scraps and other green waste is composted within the city. Composted materials contributed 1% of total waste- related emissions (881 mt CO2e). In 2022, the community of Bozeman threw away 75,999 tons of material. Fortunately, 8,760 tons of waste were composted, and 2,078 tons were recycled, avoiding 5,835 mt CO2e in emissions. Figure 12. Waste and wastewater sector GHG emissions detail. Solid Waste79% Closed Landfill19% Compost1% Wastewater0.4% Waste Sector Emissions 145 16 Solid Waste – Construction Waste Emissions calculations for solid waste are based on assumptions regarding the types and amounts of materials discarded. Logan Landfill provides data on the weight of broadly categorized types of waste received which is then normalized for the population of Bozeman, however, detailed waste characterization is not available. Assumptions regarding the composition of waste categories are designated based on regional waste characterization studies and guidelines from the Environmental Protection Agency (EPA) to estimate greenhouse gas emissions associated with various materials. Light construction waste, such as dimensional lumber, metal, glass, and other composite materials made up 26% of all waste the Logan Landfill received in 2022, heavy construction waste, such as concrete and pavement made up 1.5%. Based on regional and EPA waste characterization studies, for Bozeman’s greenhouse gas emissions inventory in 2022, it was assumed that 8% of light construction waste is comprised of dimensional lumber. As an organic material, dimensional lumber has a higher global warming potential than the rest of the material that would typically be found in light construction waste, and when landfilled emits more methane emissions during anaerobic decomposition. This method of accounting for the overall percentage of dimensional lumber is new to the 2022 Bozeman greenhouse gas emissions inventory and more accurately describes and accounts for the emissions associated with light construction materials. Industrial Processes + Other Scope 3 Industrial processes and industrial product use, along with other scope 3 emissions contributed 0.7% to Bozeman’s total greenhouse gas emissions (4,409 mt CO2e). Industrial product use refers to the emissions that result from refrigerant leaks in building HVAC systems. These emissions are estimated using the assumption that 25% of the commercial square footage in Bozeman is refrigerated and that, based on the International Panel on Climate Change (IPCC) methodology, there is a leakage rate of 5%. Refrigerant leaks contributed 0.2% to overall emissions (1,068 mt CO2e). The other scope 3 emissions that are not accounted for elsewhere in the inventory come from the transport of solid waste to the Logan Landfill outside of Bozeman’s city limits. Waste transport accounts for 0.5% of overall emissions (3,341 mt CO2e). 146 17 Drivers of Greenhouse Gas Emission Changes During the COVID-19 pandemic greenhouse gas emissions for the City of Bozeman were generally reduced across several sectors due to factors including reduced travel, less commercial energy usage, and a mild winter. The uncharacteristic circumstances experienced during 2020 make the greenhouse gas emissions inventory unusual to compare to subsequent years. The ICLEI Contribution Analysis is a tool that helps communities better understand the sources of emissions driving observed changes between inventory years, see Figure 12. While Bozeman experienced a reduction in overall greenhouse gas emissions in 2020, there was a subsequent population increase that exceeded the growth projections of previous climate modeling by the City of Bozeman. The results of the 2022 emissions inventory reflect rapid population growth, coupled with a return to a new normal outside of a global pandemic. The largest contributing factor to the increase in greenhouse gas emissions is air travel. Air travel decreased nationwide in 2020 and has seen a steady increase annually, returning to near pre-pandemic levels. While Bozeman’s air travel has followed the national trend of reduced passengers in 2020 the rate at which air travel has increased in Bozeman following the pandemic exceeds national trends, see Figure 10. The second largest contributing factor is increased waste generation per person. The quantity of Municipal Solid Waste (MSW), which includes organic material that produces methane in a landfill, increased by 61% from 2020 to 2022. An increase of 61% for Bozeman is not proportionate to population growth but rather indicative of each person contributing more waste to the Logan Landfill. Other contributing factors include more extreme seasonal weather, an increase in vehicle miles traveled (VMT) per person, as well as the use of less efficient vehicles. Energy use increased per household coupled with a change in the electricity fuel mix. Job growth within the city increased, however, the amount of heating fuel used per employee decreased, reflecting greater commercial building efficiency and the potential impacts of more people working from home. 147 18 Figure 13. ICLEI Contribution Analysis results show sources of greenhouse gas emissions increases and decreases between 2020 and 2022. Aviation39,595 Waste per Person16,751 Job Growth15,670 Colder Winter9,795 Pop. Growth9,259 More Energy Use per Household8,408 More VMT per Person3,779 Utility Fuel Mix2,494 More On-road Emissions per Mile2,133 Hotter Summer1,471 Less Energy Use per Job1,853 578,385 689,226 560,000 580,000 600,000 620,000 640,000 660,000 680,000 700,000 Emissions (mt CO2e)Greenhouse Gas Emissions Inventory Contribution Analysis Increase Decrease Total 2020 2022 148 19 Drivers of Greenhouse Gas Emissions Changes Table 2. ICLEI Contribution Analysis tool detailed table. Contribution Emissions (mt CO2e) Aviation 39,595 Waste Generation per Person 16,751 Growth in Employment 15,670 Colder Winter 9,795 Growth in Population 9,259 Increased Energy Use Per Household 8,408 Increased VMT per Person 3,779 Electricity and Heating Fuels Mix 2,494 Increase On-road Emissions per Mile 2,133 Hotter Summer 1,471 Decreased Commercial Energy Use per Job -1,853 By integrating weather data, utility usage data, and population growth for 2020 through 2022 the drivers of change between the two emissions inventories can present themselves at a more granular level. Some factors, such as hotter summers and colder winters which can increase the amount of heating and cooling energy used, can be further outside the sphere of individual control. Other factors, such as air travel, waste generation, and vehicle miles traveled, are GHG-emitting activities that can be mitigated through the actions of each person in the community. It also highlights opportunities for leaders at the federal, state, and local levels to support climate solutions in these areas. 149 20 Per Capita Emissions Bozeman’s per capita emissions increased 13% between 2020 and 2022 from 10.8 mt CO2e per person to 12.2 mt CO2e per person, an increase that follows a global trend of reduced emissions per person during the COVID-19 pandemic largely due to reduced travel. While per capita emissions increased from 2020 to 2022 there was a 17% reduction from the 2008 baseline year, during that time Bozeman’s population has more than doubled in size. Because emissions per person have continued to decrease from the 2008 baseline year, the overall effects of a rapidly increasing population have not resulted in a proportional increase in overall greenhouse gas emissions for Bozeman, see Figure 3. Bozeman’s per capita emissions are 15% lower than the national average, although remaining nearly two and a half times the international average. Table 3. Per capita greenhouse gas emissions intensities for Bozeman, the U.S., and internationally. Per Capita Emissions (mt CO2e) 2008 2020 2022 Bozeman 14.7 10.8 12.2 National 18.8 13.5 14.4 International 4.7 4.5 4.7 Figure 14. Per capita GHG emissions by sector. 0.0 1.0 2.0 3.0 4.0 5.0 6.0 2008 2012 2016 2018 2020 2022GHG Emissions (mtCO2e)Per Capita Emissions by Sector Over Time (mt CO2e) Commercial and Industrial Buildings Residential Buildings Transportation Solid Waste Industrial Processes 150 21 Bozeman Climate Plan Goals Bozeman has ambitious climate goals that were established with the adoption of the 2020 Bozeman Climate Plan. While the 2022 greenhouse gas emissions inventory is not aligned with the Climate Plan Reduction Pathway, significant progress can be made toward the 2025 goal of a 26% reduction in greenhouse gas emissions from the 2008 baseline year by implementing the Actions detailed in the Climate Plan. Figure 15. Climate Plan reduction pathway and business as usual GHG emission projections 0.39 0.36 0.52 0.55 0.52 0.61 0.58 0.69 0.0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 Emissions (millions mt CO2e)Bozeman Climate Plan Goals:Annual Emissions and Reduction Pathway Climate Plan Goal GHG Emissions Inventory 26% Reductionfrom 2008 100%Clean Electricity Carbon Neutral 151 22 Summary Bozeman’s 2022 greenhouse gas emissions inventory highlights the areas of progress, both on an individual level and as a community, and the areas where further emissions reduction opportunities exist. Emissions observed in 2022 reflect the return to a new normal following the COVID-19 pandemic in 2020, one in which people are traveling more, returning to office spaces and other institutions, and the desire for outdoor activity and open spaces have driven a rise in population and tourism for mountain towns across the West. The increase in overall GHG emissions between 2020 and 2022 was anticipated and driven primarily by the transportation and waste sectors. Although commercial and residential building energy usage has fluctuated over time, the building energy sector has seen the largest per capita decrease since 2008, indicating that each person within the community uses less energy in their homes and places of work or study, and that buildings are being constructed to be more energy efficient. Per capita emissions in the waste sector are the most notable increase from the baseline year, encouraging the development of waste reduction opportunities on a municipal and individual level. Accelerating the implementation of solutions and actions laid out in the 2020 Climate Plan can help Bozeman come closer to reaching the community climate goals established for 2025, 2030, and 2050. Continuing to monitor community-scale GHG emissions helps build an understanding of where policy, partnerships, and individual action can enhance community efforts that support our climate goals. 152 23 Appendix A: Data Sources Emissions Source Data Source Were Emissions Estimated or Calculated? Building Electricity Use NorthWestern Energy Calculated Building Natural Gas Use NorthWestern Energy Calculated Building Propane Use US Census ACS House heating Fuel Survey data, Bozeman commercial square footage data, CBECS data, and US EIA unit conversions Estimated Building Stationary Diesel Use US Census ACS House heating Fuel Survey data, Bozeman commercial square footage data, CBECS data, and US EIA unit conversions Estimated Fugitive Emissions from Natural Gas Leakage GPC Protocol default leakage rate Calculated Transmission & Distribution Losses NorthWestern Energy loss rate Calculated Vehicle Miles Traveled City of Bozeman and MT DOT Calculated Vehicle Registrations EPA State Inventory Tool Mobile Combustion Module Calculated Electric Vehicle Registrations Atlas EV Dashboard Calculated EV Transmission & Distribution Losses NorthWestern Energy loss rate Calculated Transit Fuel Use Human Resources Development Council Calculated Aviation Fuel Use Bozeman/Yellowstone International Airport Calculated Waste and compost tonnage Gallatin County Solid Waste, City of Bozeman Calculated Closed landfill emissions Estimated emissions depreciation rate via ICLEI Estimated Waste transport, collection, and processing emissions GPC Protocol methodology Calculated Wastewater City of Bozeman data for Bozeman WRF Calculated Refrigerant Leaks Commercial square footage and IPCC methodology Estimated NorthWestern Energy Electric Emissions Factor NorthWestern Energy N/A 153 24 Appendix B: Emissions Factor Stationary Energy Emission Factors—Electricity & Natural Gas Emission Source GHG Value Unit Source Electricity CO2 0.419 mt CO2/MWh Northwestern Energy's EEI-ESG Template CH4 0.00003 mt CH4/MWh EPA's eGrid 2022 N2O 0.000004 mt N2O/MWh Natural Gas CO2 0.0053 mt CO2/therm 2013 ICLEI US Community Protocol: Appendix C CH4 0.0000005 mt CH4/therm N2O 0.00000001 mt N2O/therm Stationary Diesel CO2 0.01 mt CO2/gallon CH4 0.0000004 mt CH4/gallon N2O 0.0000001 mt N2O/gallon Propane CO2 0.006 mt CO2/gallon CH4 0.000001 mt CH4/gallon N2O 0.0000001 mt N2O/gallon 154 25 Transportation Emission Factors—Ethanol, Gasoline, and Diesel Emission Source GHG Value Unit Source Gasoline CO2 0.00878 mt CO2/gal EPA Estimates CH4 Varies by vehicle g/mile N2O Diesel CO2 0.01 mt CO2/gal CH4 Varies by vehicle g/mile N2O Ethanol CO2 0.006 mt CO2/gal CH4 Varies by vehicle g/mile N2O Transit Emission Factors Emission Source GHG Value Unit Source Diesel CO2 0.01 mt CO2/gal EPA Estimates CH4 0.001 g CH4/mile N2O 0.0015 g N2O/mile Aviation Emission Factors Emission Source GHG Value Unit Source Jet fuel CO2 9.75 Kg CO2/gal Per guidance from ICLEI on emissions factors used in the ClearPath tool. CH4 0.41 g CH4/gal N2O 0.08 g N2O/gal Aviation Gasoline CO2 8.31 kg CO2/gal Per guidance from ICLEI on emissions factors used in the ClearPath tool. CH4 0.36 g CH4/gal N2O 0.07 g N2O/gal 155 26 Waste Emission Factors Emission Source GHG Value Unit Source Municipal Solid Waste CH4 Varies by waste type mt CH4/ ton waste 2013 ICLEI US Community Protocol, Appendix E Recycled Waste CH4 Varies by waste type mt CH4/ ton waste 2014 ICLEI US Community Protocol, Appendix E N2O mt N2O/ wet short ton waste Composted Waste CH4 0.00047 mt CH4/ ton waste EPA Waste Reduction Model (WARM) Documentation N2O 0.00022 mt N2O/ ton waste CH4 0.00018 mt CH4/ ton waste N2O 0.00013 mt N2O/ ton waste Wastewater CH4 Varies by treatment Varies 2013 ICLEI US Community Protocol, Appendix F N2O 156 2022 Community Greenhouse Gas Emissions Inventory Together, we can take action on climate change! Bozeman’s Climate Goals Bozeman has ambitious climate goals to protect our community from climate change. The Bozeman Climate Plan outlines a pathway to reaching those goals. 26% Reduction from 2008Bozeman Climate Goals B u s i n e s s a s u s u a l p a t h w a y w i t h o u t a c t i o n mt CO₂eGHG Inventory Year 2008 2022 2025 2030 2050 Climate Plan Reduction Pathway 100% Net Clean Electricity Carbon Neutral GHG Emissions Per Person From 2008 to 2022 Bozeman's population increased by 57%, however GHG emissions per person decreased by 17%. 2008 2012 2016 2018 2020 2022 14.7 14.7 11.6 12.5 10.8 12.2 Population GHG Emissions per Person We need YOU to help reach our goals Learn more about how you can take action at www.bozeman.net/sustainability 27% Commercial Total 2022 Emissions 687,194 mt CO₂e 52% Buildings 37% Transportation 29%23% Residential Vehicles 10% Aviation10% Waste 1% Other 157 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Erin George, Interim Community Development Director SUBJECT:The Rest Stop Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning from M-1 (Light Manufacturing District) to B-2 (Community Business District) Containing Approximately 10.05 Acres. The Property is Located on the East Side of North 19th Avenue, South of the 19th Avenue/Springhill Road Offramp off Interstate 90 Interchange and North of Simmental Way, Application 24185. MEETING DATE:September 24, 2024 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Consider the motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 24185 and move to approve the Rest Stop Zone Map Amendment subject to contingencies required to complete the application processing. 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 application includes a proposal to rezone the subject site which includes 3 parcels and adjacent right of way from M-1 (Light Manufacturing District) to B-2 (Community Business District) containing approximately 10.05 acres. The subject site was formerly the I-90 Rest Area in Bozeman run by the State of Montana (MDT), which officially closed on May 1, 2023. The property is now in private ownership and is being positioned for redevelopment. There are several buildings on the subject site which will eventually be demolished upon future development. The site is located on the east side of North 10th Avenue below I-90 Interchange and north of Simmental Way. Nearby municipal zoning to the east and south is B-2 (Community Business District) and north and east is zoned M-2 (Manufacturing and Industrial District). Application materials are available at the City's website [external link]. See the attached staff report for analysis of compliance with state adopted 158 amendment criteria. The Community Development Board recommended approval of the request. UNRESOLVED ISSUES:There are no identified conflicts on this application at this time. ALTERNATIVES:1. Approve the application; 2. Approve modifications to the requested zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Zone Map Amendment. Attachments: 24185 Rest Stop ZMA CC SR.pdf Map Exhibit.pdf Report compiled on: September 10, 2024 159 Page 1 of 29 24185 Staff Report for the Rest Stop Zone Map Amendment Public Hearings: Community Development Board (Zoning Commission) meeting is on August 19, 2024, at 6:00 pm. City Commission meeting is on September 24, 2024, at 6:00 pm. Project Description: The Rest Stop Zone Map Amendment requesting amendment of the City Zoning Map to change the zoning from M-1 (Light Manufacturing District) to B- 2 (Community Business District) containing 10.05 acres. Project Location: The subject site is located on the east side of North 19th Avenue, south of the 19th Avenue/Springhill Road offramp off Interstate 90 and north of Simmental Way, and legally described as Remainder Lots 1, 2, & 3 Tract 1 of the Gardiner Simmental Subdivision, Plat J-5, located in the Southeast One-quarter of Section 11, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Meets standards for approval. Recommended Community Development Board Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 24185 and move to recommend approval of the Rest Stop Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 24185 and move to approve the Rest Stop Zone Map Amendment subject to contingencies required to complete the application processing. Report: August 20, 2024 Staff Contact: Chris Saunders, Community Development Manager Agenda Item Type: Action – Legislative 160 Staff Report for the Rest Stop Zone Map Amendment Page 2 of 29 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The application includes a proposal to rezone the subject site which includes 3 parcels and adjacent right of way from M-1 (Light Manufacturing District) to B-2 (Community Business District) containing approximately 10.05 acres. The subject site was formerly the I-90 Rest Area in Bozeman run by the State of Montana (MDT), which officially closed on May 1, 2023. There are several buildings on the subject site which will eventually be demolished upon future development. The site is located on the east side of North 19th Avenue below I-90 and north of Simmental Way. Nearby municipal zoning to the east and south is B-2 (Community Business District) and north and east is zoned M-2 (Manufacturing and Industrial District). In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. Application materials can be viewed on the City’s development map at the following link: Application 24185 (External Link). Community Development Board The Community Development Board held their public hearing on August 19, 2024. No members of the public spoke at the hearing. After conducting their review, the Board recommended approval 5-0. The discussion of the application in the video of the meeting [external link] begins at 47:25. Alternatives 1. Approve the application; 2. Approve modifications to the requested zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 161 Staff Report for the Rest Stop Zone Map Amendment Page 3 of 29 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMEN ....... 9 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 10 Section 76-2-304, MCA (Zoning) Criteria ....................................................................... 10 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 25 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 25 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 26 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 29 FISCAL EFFECTS ................................................................................................................. 29 ATTACHMENTS ................................................................................................................... 29 162 Staff Report for the Rest Stop Zone Map Amendment Page 4 of 29 SECTION 1 - MAP SERIES Figure 1: Project Vicinity Map (2023 image) Project Site 163 Staff Report for the Rest Stop Zone Map Amendment Page 5 of 29 Figure 2: Future Land Use Designations (2023 image) Industrial Community Commercial Mixed Use Regional Commercial and Services Project Site Public Institutions Urban Neighborhood Community Commercial Mixed Use 164 Staff Report for the Rest Stop Zone Map Amendment Page 6 of 29 Figure 3: Current Zoning Map (2023 image) Subject Property 165 Staff Report for the Rest Stop Zone Map Amendment Page 7 of 29 Figure 4: Applicant proposed zoning map (2023 image) Project Site Project Site 166 Staff Report for the Rest Stop Zone Map Amendment Page 8 of 29 Figure 5: Map of Current Planning Projects (2023 image) SRX Site Plan SRX ZMA Gran Cielo II Gran Cielo MSP Project Site 167 Staff Report for the Rest Stop Zone Map Amendment Page 9 of 29 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the city to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish an initial municipal zoning designation of B-2 shall be identified as the “Rest Stop Zone Map Amendment.” All required documents must be returned to the City within 60 days of the City Commission action to annex the property or the preliminary approval shall be null and void. 2. That the applicant must submit a Zone Amendment map, titled “Rest Stop Zone Map Amendment”. The map must be supplied as a PDF. This map must be acceptable to the City Engineer’s Office and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent right-of-way or street easements, and the individual zoning districts, and total acreage of the property to be rezoned, unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description for each zoning district prepared by a licensed Montana surveyor. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Zoning Commission will hold a public hearing on this ZMA on August 19, 2024, and will forward a recommendation to the Commission on the Zone Map amendment. The meeting will begin at 6 p.m. Instructions on joining the meeting electronically will be included on the meeting agenda. The City Commission will hold a public hearing on the zone map amendment on September 10, 2024. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. 168 Staff Report for the Rest Stop Zone Map Amendment Page 10 of 29 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. For information about how the code as a whole applies, examples of specific code sections and the timing of future application is provided as part of the analysis below. They are presented in table format. Analysis below addresses the requested B-2 district. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” 169 Staff Report for the Rest Stop Zone Map Amendment Page 11 of 29 “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the annexed area of the city and where there is anticipated development within the city as discussed below. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Regional Commercial and Services. The Regional Commercial and Services designation description reads: “Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. Development within this category needs well-integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready access within and adjacent to development. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one- to two-mile separation.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table the B-2 district is an implementing district of the Regional Commercial and Services category. 170 Staff Report for the Rest Stop Zone Map Amendment Page 12 of 29 Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy have not been identified. The Short-Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the city implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the city may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. 171 Staff Report for the Rest Stop Zone Map Amendment Page 13 of 29 Below are goals and objectives that are broadly served with this application. These include: Goal DCD-1: Support urban development within the City. DCD-1.1 Evaluate alternatives for more intensive development in proximity to high visibility corners, services, and parks. The B-2 district supports higher density and mixed-use developments in appropriate sites. The subject site is conveniently located off Interstate 90 and located where N 19th Avenue and E Valley Center Road connect. The site was previously a rest stop area for people travelling southbound on Interstate 90. High intensity development at this site would be visible from the highway and from E. Valley Center Road travelling eastbound towards N 19th Avenue. Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. Goal DCD-2.2: Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. The property highlighted in this application is located adjacent to N 19th Avenue directly off Interstate 90. E. Valley Center Road connects with N 19th Avenue at the west end of the subject site offering several access points from the highway and within the city street network. N 19th Avenue and E. Center Valley Road are both designated primary arterial roads according to the Bozeman Transportation Master Plan 2017. Easy access off the freeway and close to arterial roads help support higher density development and accommodate higher traffic volumes. Large scale commercial is located west of N 19th Avenue with high density residential within a half mile to a mile of the subject site providing services to residents nearby. The intent of the B-2 district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Multi-household dwellings, townhouses, and apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of these districts. Design standards emphasizing pedestrian-oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes, and/or areas served by transit. Existing commercial within a quarter mile of the subject site is located west and southwest across N 19th Avenue that includes both small and large- scale commercial uses. Just over a mile further west is high density residential uses that continues to develop additional units. B. Secure safety from fire and other dangers. Criterion met. The subject property is already annexed and currently served by City of Bozeman Fire and Police Departments. Water and sewer services are already installed and 172 Staff Report for the Rest Stop Zone Map Amendment Page 14 of 29 served the old rest stop for many years. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements, which will ensure this criterion is met. The change from M-1 to B-2 is not likely to adversely impact safety from fire and other dangers. Building standards such as heights and setbacks were previously evaluated when the M-1 district was created and were found to be consistent with this criterion. The site is bounded by public roads on three sides. The applicant states “The proximity to North 19th Avenue and Interstate 90 interchange, along with Emergency Vehicle access to Simmental Way allows for multiple means of access for fire protection and emergency services. Additionally, the site will be developed under the most current building and fire codes.” Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.400.010 Streets, general Access for emergency services Transportation Master Plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, Site plan, and building permit C. Promote public health, public safety, and general welfare. Criterion met. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to building construction which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. Municipal services have been provided to the site for decades. The applicant suggests “The proximity to North 19th Avenue and Interstate 90 interchange, along with Emergency Vehicle access to Simmental way will allow for multiple means of 173 Staff Report for the Rest Stop Zone Map Amendment Page 15 of 29 ingress and egress. The access of the site to a fully signalized intersection at N 19th Avenue and E. Valley Center Road will provide for safe and convenient public access. The use of this site for commercial tenants will add to the services found in the surrounding area and will thus continue an area of convenience for the community. Additionally, the site will be developed under the most current building and fire codes.” Compliance with the BCP 2020 as described in Section 4, Criterion A shows advancement of the well-being of the community as a whole. See also Criterion B. Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.070 Municipal water, sewer systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, Site plan, and building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review 38 Article 5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Section 4, Criteria B, C, & D for zoning amendments: 174 Staff Report for the Rest Stop Zone Map Amendment Page 16 of 29 “For a map amendment, all three of the above elements are addressed primarily by the City’s long-range facility Plans, the City’s capital improvements program, and development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address public safety, etc. It is often difficult to assess these issues in detail on a specific site.” The city conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The city implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. The subject property is within the City’s land use, transportation, parks, and utility planning areas. The site is within the infrastructure planning boundaries and has been developed with municipal services for many years. The 2025-2049 CIP [External Link] shows transportation system improvement projects on the intersection of E. Valley Center Road and 27th Avenue that will improve all mode transportation system capacity in the area. Additionally, a project to design and construct incomplete sections of a ten-foot shared use path along E Valley Center Road between Catron and Catamount will connect with existing shared use paths. Development consistent with City standards will improve connectivity of sidewalks to adjacent residential and commercial districts. The site is bounded by Interstate 90 to the east and undeveloped parcels to the south and northwest (both of which have applications being processed for development). Beyond the undeveloped parcels south and west is medium and large commercial development followed by high density residential housing further west. Additional improvements required to serve the proposed commercial development will be determined with this and subsequent applications prior to development and shall conform to regulations contained the Bozeman Municipal Code. The applicant further suggests “the property has fully signalized intersection access to N 19th Avenue and is adjacent to Interstate 90 interchange, the property is served by the City of Bozeman water service and wastewater services, is convenient to local schools and easily accessible for employees and community members who might be visiting local schools during their normal day to day movements and will facilitate connections to existing trails.” As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that 175 Staff Report for the Rest Stop Zone Map Amendment Page 17 of 29 district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” Additional information was required by the applicant to determine future water demand, sewer capacity, and traffic demand. Trip generation projections were submitted for the proposed B- 2 site based on the proposed land use densities and proposed use. The 2017 Bozeman Transportation Master Plan (TMP) 2017 provides roadway capacities and expected 2040 volumes for roadways throughout the city. Many roadway projects have been completed as part of the CIP program. The proposed change in zoning from M-1 to B-2 is expected to result in an increase in traffic demand. The trip generation memo provided by the applicant shows an increase based on the anticipated future development. A full traffic impact study will be required with future development applications." A water and sewer technical memo submitted with this application provided the maximum water demand plus fire flow and peak hour water demand associated with the proposed zoning. A peak hour sanitary flow rate associated with the proposed zoning was submitted for evaluation as well. Engineering staff as indicated from a preliminary review of the water and sewer calculations within the reports submitted by the applicant, there appears to be sufficient water and sewer capacity for the proposed zone change. Additional technical information will be included in all analysis when considering development applications. All future construction must extend services in conjunction with subdivision and site development. Those extensions must meet current standards and will advance this standard. Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Sewer collection facilities plan, Water facilities plan Annexation for collector and arterial streets. Subdivision or site plan for all others. 176 Staff Report for the Rest Stop Zone Map Amendment Page 18 of 29 38.410.070 Municipal water, sewer systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, Site plan, and building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review E. Reasonable provision of adequate light and air. Criterion met. The B-2 district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. The criterion is not about personal preferences but about protection of public health and safety. The adopted standards address protection of public health and safety. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. Municipal Code Section and Title Subject Related Documents When standard is applied 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.420 Parks Standards for location, type, and Park, Recreation, and Active Transportation Plan Subdivision or site plan review 177 Staff Report for the Rest Stop Zone Map Amendment Page 19 of 29 development of parks and trails 38.520.060 On-site residential and commercial open space Private land open area requirements Site plan F. The effect on motorized and non-motorized transportation systems. Criterion met. Potential future development within a zoning district of B-2 will affect the City’s motorized and non-motorized transportation system with increased traffic and vehicle trips along N 19th Avenue. The site is located adjacent to N 19th Avenue directly off Interstate 90. There are several ways to access the site including directly off Interstate 90 located about a quarter mile south down N 19th Avenue, off E. Valley Center Road which connects with N 19th Avenue at the west end of the subject site, and through Catamount Street which also connects with E. Valley Center Road. N 19th Avenue and E. Center Valley Road are both designated primary arterial roads according to the Bozeman Transportation Master Plan 2017 and Catamount Street is a designated minor arterial road. Easy access off the freeway and close to arterial roads help support higher density development and accommodate higher traffic volumes. The applicant argues “The proposed zoning will not affect the current motorized transportation system. The proposed zoning to B-2 will result in the use of the site for various commercial uses and closure of the MDT ‘rest area. The intersection of North 19th Avenue and E. Valley Center is currently fully built, signalized and in use. The rest area has been closed and traffic from future development is not expected to noticeably impact this intersection. The proposed zoning and subsequent site development will facilitate better-than-current connections to existing trails and non-motorized transportation systems.” The proposed zoning will allow for a moderately higher intensity of uses than is currently allowed under M-1 zoning districts. The former use of the site as a rest stop generated a diverse user mix including frequent semi-trucks, RVs, and other vehicles. The City’s transportation plan is used to evaluate transportation needs over the long term throughout the City and will evaluate impacts of motorized vehicles along with bikes and pedestrians. The parks and trails plans also examine and specify options for extensions of the existing trail network through this site. Future site development will examine impacts in greater detail on the transportation network, parks, and trails system, and municipal facilities when specific construction has been identified. Furthermore, these future development reviews will ensure that development under the new zoning will comply with the City’s standards for the provision of onsite parking for bicycles and vehicles, as well as the requirements for onsite circulation. 178 Staff Report for the Rest Stop Zone Map Amendment Page 20 of 29 Traffic impacts will be studied by the development team to demonstrate compliance with the City’s long-range transportation plans. Future project development will ensure compliance with the acceptable traffic limits identified in the transportation plans, as well as provide for the dedication of rights of way, construction or reconstruction of streets and trails, payment of impact fees, and other contributions as will be applicable to this project. As previously mentioned, the City conducts extensive planning for municipal transportation, water, sewer, parks, sustainability, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions; and identify enhancements needed to provide service to new development. Future development and redevelopment of the property will be required to comply with transportation-related standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks, and improvements to the transportation network to serve the site, which will improve the overall transportation system. These improvements include provisions for non-motorized transportation systems. The change in zoning district may have an effect on required road improvements, pedestrian or bicycle facilities, or similar compliance with standards which will be reviewed with new development. The site is adjacent to one primary arterial (19th Avenue). Municipal Code Section and Title Subject Related Documents When standard is applied 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Annexation for collector and arterial streets. Subdivision or site plan for all others. 38.420.110 Recreation Pathways Location and requirement to install. Park, Recreation, and Active Transportation Plan Annexation for Class 1 Trails easement. Subdivision or site plan for all else. G. Promotion of compatible urban growth. Criterion met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate 179 Staff Report for the Rest Stop Zone Map Amendment Page 21 of 29 development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan p. 51). The City’s future land use map designates the property as Regional Commercial and Services in the BCP 2020. This designation correlates with several zoning districts including the B-2 district proposed by the applicants. The district was developed by the City to promote appropriate urban growth compatible with the areas of the City and provide for public and quasi-public uses outside of other districts as identified on the future land use map. The intent for the B-2 zone is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. There is currently undeveloped land north and south and east of the site. There is considerable amount of commercial and residential uses across N 19th Avenue to the west. The B-2 district allows for a wide range of uses which allows for consideration of existing development to the west. The proposed zoning is in accordance with the Bozeman Community Plan’s future land use designation of Regional Commercial and Services. The site is bounded by large public streets on three sides that separate any future use from adjacent properties. The applicant provides additional support by stating “The new zoning promotes compatible urban growth by utilization of property at a signalized intersection and close to other like uses. This will provide additional services in an area convenient to other stops, thus reducing deadhead trips.” Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan review, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.320.060 Zone Edge Transitions Height adjustments on the edge of some zones Site plan 38.340 Overlay District Standards Historic preservation SOI Standards for Historic Preservation, Design Guidelines for Historic Preservation Site plan and building permit 180 Staff Report for the Rest Stop Zone Map Amendment Page 22 of 29 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit H. Character of the district. Criterion met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing character of the subject property which is approximately 10 acres of land with existing structures that served the former rest stop area. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The city has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The city has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in the proposed B-2 district to be compatible with the proposed adjacent mixed use and commercial districts, where both will help serve the expanding residential development to the west and provide services for visitors and those traveling within this area of the city. The property immediately to the south is the same B-2 as that being requested with this application. 181 Staff Report for the Rest Stop Zone Map Amendment Page 23 of 29 The applicant argues “This property is entirely surrounded by commercial and light industrial uses. North 19th Avenue at the intersection of Interstate 90 is an established regional commercial center. The requested zone map amendment to B-2 is in keeping with its neighbors to the north and west. The property to the east is state owned and is currently being developed with light industrial and commercial uses. To the south (beyond the undeveloped parcel directly south), property is zoned M-1 (Light Manufacturing District) and developed with a mix of commercial and light industrial uses.” Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan review, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.320.060 Zone Edge Transitions Height adjustments on the edge of some zones Site plan 38.340 Overlay District Standards Historic preservation SOI Standards for Historic Preservation, Design Guidelines for Historic Preservation Site plan and building permit 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit I. Peculiar suitability for particular uses. Criterion met. Future uses for construction on the site are not finalized at this time, so the suitability of the site for particular uses is not easily evaluated. All uses allowed in the B-2 district must be considered. The subject site is accessed by N 19th Avenue which is a designated principal arterial. Additional access points that connect with N 19th Avenue are the Interstate 90 interchange and E. Valley Center Road, both of which connect with N 19th Avenue adjacent to the site. The property has access to water lines and sewer connections along the southern border and across the site and is currently served by the City of Bozeman Police and Fire 182 Staff Report for the Rest Stop Zone Map Amendment Page 24 of 29 Departments. New development would need to comply with standards within the Bozeman Municipal Code and all building codes. As shown in Figure 4, the property is bounded by B-2 to the west and south and M-2 (Manufacturing and Industrial District) north and east. The applicant adds “The site, situated at a major gateway to the City is particularly well suited to the commercial uses allowed by B-2 zoning.” The B-2 district can support many types of urban development that are likely to serve the immediate area as a result of its location and proximity to residential and commercial areas all around the site. Final determination of suitability will occur during the site development process. Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan review, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.600 Natural Resource Protection Protect watercourses and wetlands FEMA Floodplain study Subdivision, site plan review, building permit J. Conserving the value of buildings. Criterion met. Previous use on the site was a rest stop area for people traveling through Bozeman. The site has not been utilized since the MDT rest stop area officially closed in May of 2023. The rest stop structures were purpose built and are not readily changed to another use. The B-2 zone allows both commercial and residential uses. Future development must comply with the Bozeman Unified Development Code which will ensure an appropriate scale and intensity of uses. As a result, the proposed zone map amendment is not anticipated to negatively impact nearby building and lot values as the permitted uses allowed in the B-2 district will be appropriate to the surrounding character of the district. The site is separated from adjacent properties on three sides by large streets which will minimize any impacts on adjacent properties to the west, north, and east. The property immediately south is the same B-2 as that being requested with this application. The applicant further adds that “The proposed zoning will add value to real estate values and businesses in the area by not only attracting more and diverse customers to the area but will also add to the City’s property tax funds by changing the property from a non-taxable state- owned use to new tax-paying commercial entities.” 183 Staff Report for the Rest Stop Zone Map Amendment Page 25 of 29 K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion met. The Future land use map has this site designated as Regional Commercial and Services which allows B-2 as an implementing zone district. The location of this site with access to existing primary arterial roads with existing utilities nearby provides the opportunity to offer expanded services to both existing residents and those travelling to the city. The applicant adds “B-2 zoning encourages the most appropriate use of land throughout the jurisdictional area by utilizing property that heretofore has been used mainly by those passing through the City. The current use has utilized City services (Fire, Police, sewer and water) while not providing property tax income to the City to offset the cost of those services. Focusing new commercial tenants close to other similar uses creates a symbiotic and more efficient commercial center. Due to current traffic congestion this property is not well suited for an industrial user and the large vehicles that accompany such uses. Due to proximity to the interstate and traffic noise, this property is not well suited for residential uses.” PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) state the writing is a “protest”, rather than merely expressing opposition; contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) include the application number and contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. 184 Staff Report for the Rest Stop Zone Map Amendment Page 26 of 29 APPENDIX A - NOTICING AND PUBLIC COMMENT As required by 38.220 (external link), notice was sent via US first class mail to all owners of property located inside the site and within 200 feet of the perimeter of the site. The project site was posted with a copy of the notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on July 27, 2024, August 10, 2024, and September 7, 2024. Notice was provided at least 15 but not more than 45 working days prior to any public hearing. The Community Development Board hearing is scheduled for August 19, 2024, and the City Commission public hearing is scheduled for September 24, 2024. Public comments have not been received on this application at the time of writing this report. Any received comments will be made available through the City’s Laserfiche (External Link). APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Regional Commercial and Services” in the Bozeman Community Plan 2020. Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower-density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. Development within this category needs well-integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready-access within and adjacent to development. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one-to two-mile separation. Proposed Zoning Designation and Land Uses: The applicant has requested zoning of B-2, Community Business District whose intent is to: Community Business District (B-2). The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Multi-household dwellings, townhouses, and apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of these districts. Design standards emphasizing pedestrian-oriented design are important elements of this district. 185 Staff Report for the Rest Stop Zone Map Amendment Page 27 of 29 Use of this zone is appropriate for arterial corridors, commercial nodes, and/or areas served by transit. The Zoning Correlation Table on Page 58 of the Bozeman Community Plan 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of B-2 correlates with the Growth Policy’s future land use designation of “Regional Commercial and Services”. Below is a link to permitted uses with a column designated for B-2 Sec. 38.310.040. – Authorized uses-Commercial, mixed-use, and industrial zoning districts. Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use map designations and implementing zoning districts. (see below for the Table) 186 Staff Report for the Rest Stop Zone Map Amendment Page 28 of 29 187 Staff Report for the Rest Stop Zone Map Amendment Page 29 of 29 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: Graig Rickert, Bozeman MT 59718 Applicant: Koenig Consulting, LLC, 280 Fern Lane, Dillon, MT 59725 Representative: Ashley Koenig, LLC, 280 Fern Lane, Dillon, MT 59725 Report By: Elizabeth Cramblet, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. In addition, application materials can be viewed on the City’s development map at the following link: Application 24185 (External Link) 188 189 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, City Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5611 Annual Lighting Assessments for Fiscal Year 2025 MEETING DATE:September 24, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: I move to approve Commission Resolution No. 5611. 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 Title 7 Chapter 12 Part 43 allows for the creation of special improvement lighting districts for the purpose of lighting streets and assessing costs for installation and maintenance to property abutting thereto and collect the costs by special assessments against the property. The City current has 82 special lighting districts. Resolution 5611 formally levies and assesses maintenance and electrical current costs of the districts to the benefitted property owners. MCA 7-12-4332. Resolution to provide for assessment of maintenance costs. It shall be the duty of the city or town council to estimate, as nearly as practicable, the cost of maintaining such lights and furnishing electrical current therefore each year and the portion thereof to be assessed against the property embraced within the district and, before the first Monday in October, to pass and finally adopt a resolution levying and assessing said property within said district with an amount equal to the proportion of the cost of such maintenance and electrical current so determined to be especially assessed against said property. UNRESOLVED ISSUES:None ALTERNATIVES:The City would need to find alternative funding sources for maintaining lighting in the right of way if this resolution is not approved. FISCAL EFFECTS:The amount that will be assessed for all Special Improvement Lighting Districts for FY25 is $271,600. 190 Attachments: Lighting District Resolution FY25.docx Schedule A-Lighting FY25.pdf Report compiled on: September 11, 2024 191 Version April 2020 RESOLUTION 5611 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN. WHEREAS, certain lighting maintenance districts have been created with the City of Bozeman and; WHEREAS, state law provides for assessing the costs of maintaining lights and furnishing electrical current annually within these lighting maintenance districts and; WHEREAS, Section 7-12-4332, M.C.A. provides that the City shall pass a resolution levying and assessing maintenance costs. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 Districts and Assessments. The lighting maintenance districts and assessments to defray one hundred percent (100%) of all the costs of maintenance and lighting are hereby levied and assessed against the property and several lots, pieces and parcels thereof within the lighting maintenance districts as listed and described on Schedule “A” and Schedule “B”, attached hereto, and by this reference, said schedules are made a part hereof. 192 Version April 2020 Section 2 Lot or Parcel Description. That a particular description of each lot, piece, or parcel of land with the name of the owner thereof, the total number of square feet of said property and the sum assessed and levied against such property and owner, or either, is set forth in the Schedule of each district as specified and identified in Schedule “B”. Section 3 Period of Assessment. That said assessment is to defray costs for Fiscal Year 2025 (July 1, 2024, through June 30, 2025). Section 4 Disposition of Collections. That the assessments as collected shall be placed in the respective lighting maintenance funds and shall be used to defray the cost of maintenance and lighting as provided by law. Section 5 Notice of Hearing. That the regular meeting of the Commission of the City of Bozeman to be held on the 24th day of September 2024 at 6:00 p.m., at the Commission Room, City Hall, 121 N Rouse Ave., in the City of Bozeman, be designated as the time and place at which objections to the final approval of this Resolution will be heard and considered by said Commission. Section 6 Notice. That the City Clerk of the City of Bozeman, published in the Bozeman Daily Chronicle on September 14 2024 and September 21, 2024, a notice signed by said Clerk as such, stating that this Resolution levying and assessing the several amounts set forth in the schedule attached hereto and made a part of as aforesaid and for the purposes herein will be passed and 193 Version April 2020 approved by the Commission of the City of Bozeman and is on file in the office of said City Clerk; that said Notice shall be so published, and such publication shall be made not less than five (5) days before the date set by the Commission for hearing of objections and the final approval this Resolution. Section 7 Certification. The City Clerk is hereby directed upon final passage and approval of this resolution to certify a copy thereof to the City Finance Director of the City of Bozeman, Montana, as provided by law. 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____. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 194 LIGHTING DISTRICTS FY25 ASSESSMENT 146-LIGHTING DISTRICT #284 284 3,700.00$ 149-LIGHTING DISTRICT #295 295 7,300.00$ 151-LIGHTING DISTRICT #362 362 2,600.00$ 152-LIGHTING DISTRICT #388 388 3,100.00$ 155-LIGHTING DISTRICT #423 423 700.00$ 156-LIGHTING DISTRICT #453 453 600.00$ 157-LIGHTING DISTRICT #459 459 800.00$ 159-LIGHTING DISTRICT #461 461 2,300.00$ 161-LIGHTING DISTRICT #479 479 1,000.00$ 162-LIGHTING DISTRICT #480 480 300.00$ 163-LIGHTING DISTRICT #484 484 100.00$ 164-LIGHTING DISTRICT #490 490 1,000.00$ 165-LIGHTING DISTRICT #491 491 200.00$ 166-LIGHTING DISTRICT #508 508 10,000.00$ 170-LIGHTING DISTRICT #637 637 2,300.00$ 182-LIGHTING DISTRICT #671 671 7,800.00$ 200-LIGHTING DISTRICT #672 672 14,000.00$ 203-LIGHTING DISTRICT #679 679 2,300.00$ 216-LIGHTING DISTRICT #680 680 11,800.00$ 202-LIGHTING DISTRICT #681 681 4,300.00$ 204-LIGHTING DISTRICT #682 682 1,500.00$ 205-LIGHTING DISTRICT #685 685 5,000.00$ 206-LIGHTING DISTRICT #686 686 19,100.00$ 207-LIGHTING DISTRICT #687 687 14,100.00$ 208-LIGHTING DISTRICT #688 688 24,700.00$ 209-LIGHTING DISTRICT #689 689 17,700.00$ 210-LIGHTING DISTRICT #690 690 14,000.00$ 211-LIGHTING DISTRICT #691 691 3,400.00$ 212-LIGHTING DISTRICT #692 692 12,700.00$ 214-LIGHTING DISTRICT #694 694 4,800.00$ 217-LIGHTING DISTRICT #696 696 7,700.00$ 218-LIGHTING DISTRICT #697 697 1,100.00$ 219-LIGHTING DISTRICT #698 698 4,600.00$ 220-LIGHTING DISTRICT #699 699 3,600.00$ 224-LIGHTING DISTRICT #703 703 9,600.00$ 225-LIGHTING DISTRICT #704 704 3,700.00$ 232-LIGHTING DISTRICT #711 711 16,100.00$ 234-LIGHTING DISTRICT #714 714 1,500.00$ 235-LIGHTING DISTRICT #715 715 4,800.00$ 239-LIGHTING DISTRICT #719 719 5,100.00$ 240-LIGHTING DISTRICT #720 720 2,500.00$ 256-STREET LIGHTING DISTRICTS 723 200.00$ 254-LIGHTING DISTRICT #727 727 900.00$ 243-LIGHTING DISTRICT #728 728 100.00$ 244-LIGHTING DISTRICT #734 734 200.00$ 253-LIGHTING DISTRICT #736 736 800.00$ 249-LIGHTING DISTRICT #743 743 1,500.00$ 251-LIGHTING DISTRICT #751 751 1,900.00$ 250-LIGHTING DISTRICT #752 752 2,900.00$ 248-LIGHTING DISTRICT #758 758 2,000.00$ 256-STREET LIGHTING DISTRICTS 759 2,500.00$ 255-LIGHTING DISTRICT #766 766 2,800.00$ 256-STREET LIGHTING DISTRICTS 772 1,400.00$ 256-STREET LIGHTING DISTRICTS 776 900.00$ Grand Total Billed 271,600.00$ Lighting District Assessment Summary 195 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, City Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5613 to Assess Delinquent Water, Sewer, Stormwater, Garbage and Recycling Charges MEETING DATE:September 24, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: I move to approve Commission Resolution No. 5613. 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:Pursuant to MCA 7-13-4309, the City is authorized to certify and file delinquent utility charges with the Department of Revenue, which must insert the amount as a tax against the lot or parcel. Letters of notice were sent out prior to July 7, 2024, to property owners on all delinquent accounts notifying them of the delinquent charges, and the process of placing those charges as a lien on the real property should they not be paid. Delinquent amounts are made up of both final bills outstanding, and current owners who are not paying their monthly charges. In response to the letters, 79% of bills have been paid and 54 remain outstanding. MCA 7-13-4309. Procedure to collect delinquent utility charges. (1) Sewer or water charges must be collected by the treasurer. (2) On or before July 7 of each year, notice must be given by the city treasurer or town clerk to the owners of all lots or parcels of real estate to which sewer or water service has been furnished prior to July 1 by the city or town. The notice must specify the assessment owing and in arrears at the time of giving notice. The notice must be in writing and must state the amount of arrearage, including any penalty and interest assessed pursuant to the provisions of the city or town ordinance, and that unless the amount is paid within 30 days of the notice, the amount will be levied as a tax against the lot or parcel of real estate to which sewer or water service was furnished and for which payment is delinquent. The notice must also state that the city or town may by suit collect past-due assessments, interest, and penalties, as a debt owing the city or town, in any court of competent jurisdiction, 196 including city court. The notice may be delivered to the owner personally or by letter addressed to the owner at the post-office address of the owner as shown in property tax records maintained by the department of revenue. (3) (a) Except as provided in subsection (3)(b), at the time that the annual tax levy is certified to the county clerk, the city treasurer or town clerk shall certify and file with the department of revenue a list of all lots or parcels of real estate, giving the legal description of the lot or parcel, to the owners of which notices of arrearage in payments were given and which arrearage remains unpaid and stating the amount of the arrearage, including any penalty and interest. The department of revenue shall insert the amount as a tax against the lot or parcel of real estate. (b) In cities where the council has provided by ordinance for the collection of taxes, the city treasurer shall collect the delinquent amount, including penalty and interest, as a tax against the lot or parcel of real estate to which sewer or water service was furnished and payment for which is delinquent. (4) A city or town may, in addition to pursuing the collection of assessments in the same manner as a tax, bring suit in any court of competent jurisdiction, including city court, to collect the amount due and owing, including penalties and interest, as a debt owing the city or town. BMC 32.02.060 Costs of Collection and Disposal – Collection and Payment – Solid Waste Fund: The rates established by resolution shall be set as monthly fees and those fees shall be included on the monthly water and sewer statement and will become delinquent if not paid by the 15th of the month in which the bill is received. If the monthly fees are not paid within thirty days after they have become delinquent the delinquent amount shall be a lien against the property against which they are severally assessed and levied until paid and discharged and shall be subject to the same penalties for delinquency in payment when due and payable as are other special assessments and levies made by the City and as authorized by the laws of the state. BMC 40.04.1050. - Billing of charges; penalties for late payment and procedure to collect. Stormwater service charges authorized by this section shall be included with the monthly water and wastewater utility billing. Should any user fail to pay the stormwater service charge and penalty within two months of the due date, the city may terminate water service to the property. The city may also follow the collection procedure outlined in MCA 7-13-4309. UNRESOLVED ISSUES:None ALTERNATIVES:Failure to collect delinquent utility charges will result in those charges being covered by other rate payers. FISCAL EFFECTS:The proposed assessment will recover overdue charges that have accrued due to delinquent water, sewer, stormwater, garbage, and recycling services totaling $29,318.01. 197 Attachments: Resolution_5613_Delinquent_Utility_Accounts_FY25.docx Schedule A.pdf Report compiled on: September 11, 2024 198 Version April 2020 RESOLUTION 5613 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO COLLECT DELINQUENT WATER, SEWER, STORMWATER, GARBAGE & RECYCLING CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-13-4309, MONTANA CODE ANNOTATED. WHEREAS,Section 7-13-4309, Montana Code Annotated, provides that special assessments shall be made, levied and collected annually for delinquent water, sewer, stormwater, garbage & recycling charges in the same manner as are other special assessments and levies of the City of Bozeman; and WHEREAS, to enforce the collection of amounts owed the City for the cost of providing water, sewer, stormwater, garbage, and recycling service in the City of Bozeman, the Commission hereby specifically levies the amounts due as set forth in Schedule "A" as an assessment. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That to collect delinquent water, sewer, stormwater, garbage & recycling charges in the City of Bozeman, an assessment is hereby levied against the responsible property and the several lots, pieces and parcels of land thereof within the City of Bozeman as set forth in Schedule "A", which is attached hereto and made a part hereof, a particular description of each lot and parcel of land with the name of the owner and/or owners and the delinquent sum assessed against the same is set forth in Schedule "A"; that the several sums set opposite the names of said owners and the describedlots and parcels of land are hereby levied and assessed upon and against said lots and parcels of land for said purpose; that the several sums be collected from the respective owners of said lots and parcels of land described in said assessment list and owned by 199 Version April 2020 them; that the said sums shall be paid and the collection thereof be made in the manner and in accordance with the laws of the State of Montana governing the collection of special assessments; that failure to pay such assessment when the same shall become due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes. Section 2 That the fee for providing water, sewer, stormwater, garbage, and recycling service in the City of Bozeman shall be the cost of such work, including administrative and enforcement costs. Administrative and enforcement costs shall not exceed $20.00 per delinquency. Section 3 That this assessment be levied and billed in October 2024 as are all other special assessments. Section 4 That upon all assessments levied and assessed, simple interest shall be charged at the rate of 10 percent per year from the date this assessment becomes delinquent (December 1, 2024) to the date the assessment is paid. Section 5 That the regular session of the Commission of the City of Bozeman, Montana, to be held in the Commission Room at City Hall, 121 N Rouse Ave, in said City on the 24th day of September 2024 at 6:00 p.m., and the same is hereby designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. Section 6 That the City Clerk of the City of Bozeman has published in the Bozeman Daily Chronicle, a daily newspaper printed and published in said City of Bozeman a Notice signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to collect delinquentwater, sewer, stormwater, garbage, and recycling charges, plus the costs and expenses incurred thereby, for providing water, sewer, 200 Version April 2020 stormwater, garbage, and recycling services in the City of Bozeman, against the property of which such service was rendered. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 24th of September 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 201 Schedule A FY 25 LID Owner Owner 2 Total Due 32770 VICIEDO, DAVID 428 N WALLACE AVE 428 N WALLACE AVE BOZEMAN MT 59715 865.84$ 198230 PARRY, TAMARA TOWERS 1393 ADVANCD DR 4401 SW HUDSON SEATTLE WA 98116 4,206.86$ 274460 NAHORNIAK, MARK J 5170 DURSTON RD 5170 DURSTON RD BOZEMAN MT 59718 52.50$ 27380 BEALL HOMES LLC C/O PURE PROPERTY MNGMENT 310 E BEALL ST PO BOX 871 MENIFEE CA 92586 432.92$ 28760 RICHARDSON, SCOTT & SALLY 819 N BOZEMAN AVE 2 GALLATIN DR #B BOZEMAN MT 59718 65.03$ 168460 MONTANA OPTICOM LLC 3810 BAXTER LN 144 QUAIL RUN RD BOZEMAN MT 59718 98.95$ 210710 PEUSE, DALLAS J 1013 THOMAS DR 1013 THOMAS DR BOZEMAN MT 59718 98.95$ 145630 SCOUT DAC LLC 922 E CEDAR ST C/O CASEY TIPPINS YORK DEV 790 N COUNTY HWY 393 STE 3C SANTA ROSA BEACH FL 32459 98.95$ 258480 BURNS, JOHN 1150 BAXTER CREEK WAY C 1150 BAXTER CREEK WAY UNIT C BOZEMAN MT 59718 105.44$ 158710 MAY, JARED 2920 WARBLER WAY 2 2920 WARBLER WAY UNIT 2 BOZEMAN MT 59718 112.52$ 135760 SCOUT DAC LLC 927 E CEDAR ST C/0 CASEY TIPPINS YORK DEV 790 N COUNTY HWY 393 STE 3C SANTA ROSA BEACH FL 32459 165.27$ 106200 DUFRESNE, JACOB 4040 RAVALLI ST 75 4040 RAVALLI ST UNIT 75 BOZEMAN MT 59718 169.52$ 114190 LANDSGAARD, PAUL & PAM 1411 BOHART LN 1627 W MAIN ST #260 BOZEMAN MT 59715 181.55$ 75530 WADE, KATHERINE 210 S 16TH AVE E 210 S 16TH AVE UNIT E BOZEMAN MT 59715 185.38$ 73760 EBERHARD, GARY & ANNETTE 111 PONDERA AVE 2 PO BOX 6686 BOZEMAN MT 59771 189.31$ 185030 JANOSKY, MEGAN 3321 N 27TH AVE 4 3321 N 27TH AVE UNIT 4 BOZEMAN MT 59718 214.42$ 87140 BRINKER, RICHARD 220 S 15TH AVE 220 S 15TH AVE BOZEMAN MT 59715 238.10$ 209120 BELL, ASHLEY 4262 CASCADE ST C 4262 CASCADE ST UNIT C BOZEMAN MT 59718 251.36$ 143210 BURGER KING 1932 W MAIN ST MERIDIAN RESTAURANTS 3500 MAPLE AVE STE 420 DALLAS TX 75219 253.80$ 102820 KOENIG, THEODORE & AMANDA 10 S YELLOWSTONE AVE 10 10 S YELLOWSTONE AVE UNIT 10 BOZEMAN MT 59718 262.23$ 73210 NEMEC, JENNIE & CHARLES 2400 DURSTON RD 26 C/O IAN NEMEC 2400 DURSTON RD UNIT 26 BOZEMAN MT 59718 262.23$ 115520 ATENCIO, STEPHEN 10 S YELLOWSTONE AVE 8 10 S YELLOWSTONE AVE UNIT 8 BOZEMAN MT 59718 262.23$ 159630 BRESTER, LAUREN 2969 WARBLER WAY 1 2969 WARBLER WAY UNIT 1 BOZEMAN MT 59718 281.72$ 109250 BLAIR, BRENDA 515 MICHAEL GROVE AVE 58 515 MICHAEL GROVE AVE UNIT 58 BOZEMAN MT 59718 305.19$ 195430 MINNICK, NATHAN 3353 N 27TH AVE 20 PO BOX 1862 BOZEMAN MT 59771 305.80$ 195380 GERHARTER, AMIEE 3335 N 27TH AVE 11 C/O JESSICA GERHARTER 3335 N 27TH AVE UNIT 11 BOZEMAN MT 59718 333.54$ 231110 ALTRINGER, NICOLLE & MICHAEL 941 SAXON WAY A 941 SAXON WAY UNIT A BOZEMAN MT 59718 354.32$ 56010 MAHONEY FAMILY PARTNERSHIP LP 2133 INDUSTRIAL DR 2133 INDUSTRIAL DR BOZEMAN MT 59715 360.77$ 239950 DICKINSON, ZACHARY 1083 ROSA WAY 1083 ROSA WAY BOZEMAN MT 59718 377.54$ 120310 FIREHOUSE DEVELOPMENT LLC 34 N ROUSE AVE 618 N WALLACE AVE BOZEMAN MT 59715 381.83$ 264780 WALLACE, BRANDON 2756 MARLYN CT B 2756 MARLYN CT UNIT B BOZEMAN MT 59718 443.87$ 265780 KLEM, MEGAN 1017 CASSANDRA LN A 1017 CASSANDRA LN UNIT A BOZEMAN MT 59718 443.87$ 227680 GEORGE, CASEY 2935 WARBLER WAY B 2935 WARBLER WAY UNIT B BOZEMAN MT 59718 454.07$ 77510 BANIS, ROBERT 1602 N ROUSE AVE 1602 N ROUSE AVE BOZEMAN MT 59715 509.96$ 198230 PARRY, TAMMY TOWERS 1393 ADVANCE DR 4401 S W HUDSON SEATTLE WA 98116 2,320.31$ 15460 ARCO MURRAY 818 W BABCOCK ST 3110 WOOD CREEK DR DOWNERS GROVE IL 60515 5,904.76$ 12680 JACKSON CREEK BUILDING 419 W HARRISON ST PO BOX 6100 BOZEMAN MT 59771 4,012.50$ 14710 THE COURTSHIPOF THE ISCM 111 S GRAND AVE PO BOX 412 BOZEMAN MT 59771 125.00$ 17210 J & G CONCRETE 505 S 11TH AVE 2220 W MAIN ST TRLR 101 BOZEMAN MT 59715 1,345.89$ 23150 WASTE MANAGEMENT WALMART 2084 1500 N 7TH AVE PO BOX 589 WINDSOR CT 06095 189.42$ 33780 NEW OWNER PLEASE CALL 820 FRONT ST 820 FRONT ST BOZEMAN MT 59715 333.19$ 176200 DISCOUNT WASTE INC 2880 TECHNOLOGY BLVD W 250 SCIENTIFIC DR NORCROSS GA 30092 70.50$ 111170 LEEP, JASON L 696 ST ANDREWS DR 1811 W KOCH ST STE 1 BOZEMAN MT 59715 170.02$ 171310 BED BATH&BEYOND #1115 2155 CATTAIL ST PO BOX 182655 COLUMBUS OH 43218 253.75$ 84020 RUBY, NANCY 999 BUCKRAKE AVE PMB 1038 2975 MAX AVE BOZEMAN MT 59718 111.27$ 197120 LAUREN ELAINE STEPHENS TRUST 3124 S 15TH AVE 3124 S 15TH AVE BOZEMAN MT 59715 44.07$ 249210 MACALUSO, STACIE & TODD 432 MERIWETHER AVE 432 MERIWETHER AVE BOZEMAN MT 59718 37.01$ 62320 ROBERTS, ROBERT & KYLE 402 TETON AVE 402 TETON AVE BOZEMAN MT 59718 41.99$ 266300 CP BUILD 2930 TIERRA LN 2930 TIERRA LN BOZEMAN MT 59718 71.07$ 255160 DEL PARK HOMES 486 WESTGATE AVE 102 EAGLE FJORD RD UNIT D BOZEMAN MT 59718 76.44$ 178670 WIER, WILLIAM 1787 BUCKRAKE AVE 1787 BUCKRAKE AVE BOZEMAN MT BOZEMAN MT 59718 90.16$ 239000 STEWART, CHELSEA 4143 MOONSTONE DR 4143 MOONSTONE DR BOZEMAN MT 59718 121.24$ 74390 ISLER, SHARON 2200 W DICKERSON ST 4 1757 HIGHLAND BLVD UNIT 30 BOZEMAN MT 59715 7.01$ 229160 BEARTOOTH PRODUCTS 705 BRIDGER DR A 304 ANDREA DR BELGRADE MT 59714 641.65$ 79130 TUDOR-ISLER, SHARON 1757 HIGHLAND Blvd 30 2219 W OAK ST APT 310 BOZEMAN MT 59718 24.92$ 29,318.01$ Service Address Mailing Address City,State,Zip Delinquent Utility Accounts Water, Sewer, Stormwater, Garbage and Recycling 202 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, City Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5614 Levy and Assess Delinquent Snow Removal Charges MEETING DATE:September 24, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: I move to approve Commission Resolution No. 5614 to levy and assess Delinquent Snow Removal Charges. 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:Bozeman Municipal Code (BMC) 34.06 requires that property owners clear or treat snow and ice on sidewalks in order to ensure safety for those who rely on sidewalks to get to work, school, appointments and more. In response to citizen complaints, a City Code Compliance Officer delivers notices to properties who are out of compliance. Notices are posted on the door for physical properties, and sent by certified mail for businesses or vacant lots. If the occupants do not respond to the notice by the date indicated, the city contracts for the removal of the snow and ice on their behalf. Property owners are then billed for the actual cost of snow removal plus administrative charges not to exceed 20% or $30 per occurrence, whichever is greater. Resolution 5614 formally levies and assesses any unpaid bills for the 2023-2024 winter season. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:City budgets include contracted services for snow removal and associated revenue as is consistent with BMC. The delinquent charges proposed to be assessed would recover $2,697.84 of expenses already incurred by the City. Attachments: Resolution 5614 Delinquent Snow Removal FY25.docx Schedule A.pdf 203 Report compiled on: September 11, 2024 204 Version April 2020 RESOLUTION 5614 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 34.06 OF THE CITY OF BOZEMAN MUNICIPAL CODE. WHEREAS,Chapter 34.06 of the Bozeman Municipal Code provides that every person in charge or control of any building or land fronting or abutting on a paved sidewalk shall remove and clear away snow and ice from said sidewalk; and WHEREAS, Chapter 34.06 of the Bozeman Municipal Code provides that special assessments shall be made, levied and collected annually, for the costs of snow and ice removal by the City against property which person in charge or control of said property failed to remove; and WHEREAS, Section 34.06.040 of the Bozeman Municipal Code provides that the City shall annually pass and adopt a resolution levying on assessment against each lot or parcel of land fronting or abutting on the sidewalks which said snow or ice was caused to be cleared by the City. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That to defray the estimated cost and expense for removal of snow and ice from sidewalks in the City of Bozeman, plus penalties authorized by Chapter 34.06 of the Bozeman Municipal Code, an assessment is hereby levied against the property and the several lots, pieces and parcels of land thereof within the City of Bozeman as set forth in Schedule "A", which is attached hereto and made a part of, a particular description 205 Version April 2020 of each lot and parcel of land with the name of the owner and/or owners and the sum assessed against the same is set forth in the assessment list in Schedule "A"; that the several sums set opposite the names of said owners and the described lots and parcels of land, are hereby levied and assessed upon and against said lots and parcels of land for said purpose; that the several sums be collected from the respective owners of said lots and parcels of land described in said assessment list and owned by them; that the said sums shall be paid and the collection thereof be made in the manner and in accordance with Chapter 34.06of the Bozeman Municipal Code, and the laws of the State of Montana governing the collection of special assessments; that failure to pay such assessment when the same shall become due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes. Section 2 That the fee for removal of snow and ice from specified sidewalks in the City of Bozeman shall be the cost of such work, including administrative and enforcement costs. Administrative and enforcement costs shall not exceed 20 percent or $30.00, whichever is greater, per occurrence. Section 3 That this assessment be levied and be billed in October 2024 as are all other special assessments. Section 4 That upon all assessments levied and assessed, simple interest shall be charged at the rate of 10 percent per year from the date this assessment becomes delinquent (December 1, 2024) to the date the assessment it paid. Section 5 That the regular session of the Commission of the City of Bozeman, Montana, to be held in the Commission Room in the City Hall of said City on the 24 th day of September 2024, at 6:00 p.m., be designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. 206 Version April 2020 Section 6 That the City Clerk of the City of Bozeman, has published in the Bozeman Daily Chronicle, a daily newspaper printed and published in said City of Bozeman a Notice signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to defray the cost and expense for the removal of snow and ice that occurred in Fiscal Year 2024 from specified sidewalks in the City of Bozeman, against the property of which such service was rendered, is on file in the office of the City Clerk subject to inspection for a period of five (5) days; that said Notice shall state the time and place at which objections will be heard by the Commission to the final adoption of this Resolution, and, that said Notice shall be published at least five (5) days before the date set by the Commission for hearing of objections and the final adoption of this Resolution. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 24th day of September 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 207 Schedule A FY 25 LID Owner Service Address Mailing Address City,State,Zip MR Acct #Total Due 59940 HODGES, SLOAN 410 GROUSE CT 410 GROUSE CT BOZEMAN, MT 59715 5490 149.04$ 10700 BOECKMANN, HEINZ K 1303 S 4TH AVE 920 HUFFORD PL PORT TOWNSEND, WA 98368 9761 435.12$ 770 KIM, EUN SIL 712 E MAIN ST 1841 SHEDDON ST FULLERTON, CA 92833 10057 195.12$ 11990 GORENCE, NATHANIEL 206 S 8TH AVE 206 S 8TH AVE BOZEMAN, MT 59715 10252 67.44$ 26860 MINOR, MARY KAY 439 N TRACY AVE 439 N TRACY AVE BOZEMAN, MT 59715 10535 204.24$ 31060 MAYER, MARK & JULIANNE 309 PERKINS PL 309 PERKINS PL BOZEMAN, MT 59715 10639 420.00$ 8540 PETERSEN, D & T 1021 S GRAND AVE 1043 COLUMIA AVE WHITEFISH, MT 59937 10910 433.20$ 780 JARVIS, MARK ADRIAN 702 E MAIN ST 702 E MAIN ST BOZEMAN, MT 59715 11277 330.96$ 5350 DAILY, RYANNE & LEIGHANNE 1304 S WILLSON AVE 1800 CENTENNIAL DR GREAT FALLS, MT 59404 11455 143.28$ 13490 COMFORT III, NORMAN D 410 S 5TH AVE 410 S 5TH AVE BOZEMAN, MT 59715 11456 143.28$ 6660 TALLICHET, MICHEL 607 W BABCOCK ST 2033 TRIUMPH ST UNIT 221 VANCOUVER, BC V5L 4X3 11457 122.16$ 5770 HOAG, ARLENE 1716 S WILLSON AVE 1716 S WILLSON AVE BOZEMAN, MT 59715 11480 54.00$ 2,697.84$ Delinquent Snow Removal 208 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Jon Henderson, Assistant City Manager Chuck Winn, City Manager SUBJECT:Appointments to the City-County Board of Health MEETING DATE:September 24, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move to appoint one City Commission appointee to a term ending June 2025 and one appointee to a term ending June 2026. 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:An updated Interlocal Agreement was entered into by the City of Belgrade, the City of Bozeman, and Gallatin County. One member resigned and the one current member's term expired June 1, 2024 . The City received three applications for the positions. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per Commission FISCAL EFFECTS:None Attachments: 07-29-24 - CAB Applications - Elinor Pulcini.pdf 07-23-24 - CAB Applications - Jeffrey Lee.pdf 07-22-24 - CAB Applications - Danika Comey.pdf Report compiled on: September 13, 2024 209 Apply for a City Board WELCOME Thank you for your interest in joining a City 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 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 and Ordinance 2157. Applicant Information Full Name Elinor Pulcini * 7/28/24, 8:35 PMPage 1 of 4 210 Residential Address 4050 West Babcock #9 Bozeman MT 59718 * Primary Phone (406) 451-1698 * Current Occupation Online Instructor (microbiology): Masters of Science for Science Educators. Retired: Assistant Research Professor, Medical Biofilms Lab ( MBL), Center for Biofilm Engineering MSU * Employer Montana State University-Bozeman * Email elinor_p@me.com * Which position are you applying for? Board of Health 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** 7/28/24, 8:35 PMPage 2 of 4 211 Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. My teaching and research career has included teaching biology, microbiology, chemistry and ESL to ages elementary through graduate level and mentoring graduate and undergraduate students. My field work has included water quality monitoring and fishery census of Flathead Lake. As Assistant Director of the MBL, I conducted experiments, collected and analyzed data, discussed and developed projects with client companies, wrote grant proposals, and reports. * 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 Medical Biofilms Lab employed a number of Native American students, foreign national students and visiting professors from other countries. This included Saudi Arabian desalinization engineers and an MD from Mexico. Interactions included not only research work but making sure they had housing, transportation and food. As an MSU employee, I was required to take training in DEI issues that affect the entire MSU population as well as the community. I was an Eagle Mount ski volunteer for 20 yrs * References Please provide name, phone, and email contact information for two references. Reference #1 Full Name Kelly Kirker * Phone (406) 994-1814 * Email kelly.kirker@montana.edu * Reference #2 Full Name Garth James * Phone (406) 994-2542 * 7/28/24, 8:35 PMPage 3 of 4 212 Cancel Submit Email gjames@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? Online announcement Is there any other information that you feel we need to know? My retirement activities are my opportunity to give back to the community in some capacity. I am concerned about the impacts of increased population in the Gallatin on water quality and health and well being of the citizens. My career background has enabled me to develop skills which include interpersonal and teamwork skills, scientific skills including analytical and problem solving, medical microbiology and device infections, communication skills including writing and giving presentations. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Max Ziegler, at 406.582.2439.   Please note that for most City 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. 7/28/24, 8:35 PMPage 4 of 4 213 WELCOME Thank you for your interest in joining a City 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 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 and Ordinance 2157. Applicant Information * Full Name Jeffrey Lee * Residential Address 1338 Triple Tree Rd Bozeman MT 59715 * Primary Phone (619) 252-3579 * Current Occupation Healthcare Market Director * Employer Genentech * Email jeffolee@gmail.com Which position are you applying for? Board of Health 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? N/A * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. Throughout my career, I have developed strategic planning and management skills, overseeing market dynamics, and implementing patient-centric healthcare solutions. My ability to navigate the complexities of the healthcare system and execute effective market strategies can be a valuable asset to the county health board. I have deep insights into the healthcare system, patient needs, and the importance of healthcare access. I am also completing my MPH degree. * 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 person of color, DEI is personally very important to me. I am a DEI and Health Equity ambassador at my company, and I have undergone formal training on developing skills for pursuing health equity partnership opportunities as well as inclusive hiring practices. I am also working with MSU's Moyce Immigrant Lab to improve healthcare access and outcomes for the fast-growing Hispanic population in Gallatin County. Page | 1 214 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Sally Moyce * Phone (406) 994-2787 * Email sally.moyce@montana.edu * Reference #2 Full Name Danika Comey * Phone (307) 690-3265 * Email danika.comey@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 have spoken to Danika Comey and Lori Christenson about this board vacancy. 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, Max Ziegler, at 406.582.2439. Please note that for most City 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 | 2 215 WELCOME Thank you for your interest in joining a City 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 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 and Ordinance 2157. Applicant Information * Full Name Danika Comey * Residential Address 2514 Daffodil St. Bozeman MT 59718 * Primary Phone (307) 690-3265 * Current Occupation Research Lead * Employer Montana State University * Email danikacomey17@gmail.com Which position are you applying for? Board of Health 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? Board of Health since 2023. * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I am a public health professional living in Bozeman, MT, and I am excited to submit my application for the Board of Health. I currently work as the Research Lead for Proyecto SALUD, a research lab based out of MSU's College of Nursing. In my position, I work to dismantle health inequities and disparities with the growing Latino population. My education in Public Health, including a Master's degree from Columbia University make me a great candidate for the Board of Health in Gallatin County. * 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 passionate about DEI work, and I am proud of the City of Bozeman has made this work a priority. DEI work is at the core of public health work. I work each day to make sure that all members of the community have equal access and opportunity to be healthy and well. To expand my understanding of DEI work, I listen to our Latino community members through our Community Advisory Board, and I volunteer at Bridgercare as an LGBTQ+ Healthcare Trainer to help increase healthcare access for all. Page | 1 216 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Christopher Coburn * Phone (406) 493-8694 * Email christopherdcoburn@gmail.com * Reference #2 Full Name Sally Moyce * Phone (916) 207-6677 * Email sally.moyce@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? Current serving. Is there any other information that you feel we need to know? If reappointed, I look forward to continuing to serve my community as the chair of the Gallatin City-County Board of Health. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Max Ziegler, at 406.582.2439. Please note that for most City 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 | 2 217 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Chuck Winn, City Manager SUBJECT:Appointment to the Board of Ethics MEETING DATE:September 24, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move to appoint one member to the Board of Ethics with a term expiring July 31, 2026. 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 Board of Ethics has one vacant position due to term expiration as of July 31, 2024. The City Clerks' Office published legal notice for this vacancy. The City Clerks' Office has received one new application. Ordinance No. 1726, finally adopted in November 2007, established the creation of a three member Board of Ethics. In May of 2009, Ordinance No. 1759 was finally adopted which revised 1726. According to Ordinance 1759: A. There is created a Board of Ethics consisting of three (3) members who shall serve without compensation unless the governing body provides otherwise. Members of the Board of Ethics shall not be elected officials, full- time appointed officials whether exempt or nonexempt, or City employees, nor shall they be currently serving on any other City board or commission. B. Members of the Board shall be residents of the City. C. Board members shall be appointed by the governing body. An appointment to fill a vacancy shall be made by the appointing authority who appointed the member who formerly held the position which is vacant. E. Board members shall serve staggered terms of two (2) years. A member shall hold office until a member's successor is appointed. This board currently has one vacant position. The City Clerk’s Office has received two applications with their relevant qualifications indicated below. 1. One position with terms expiring July 31, 2026 | Qualifies: J. 218 Drummond Applicants: Jim Drummond There is no Commission liaison for this board. Board of Ethics appointments are Commission appointments. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 07-11-24 - CAB Applications - Jim Drummond.pdf Report compiled on: September 16, 2024 219 WELCOME Thank you for your interest in joining a City 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 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 Drummond * Residential Address 2125 Baxter Drive Bozeman Mt 59715 * Primary Phone (406) 539-7213 * Current Occupation retired * Employer na * Email got2camp@hotmail.com Which position are you applying for? Board of Ethics 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? Vice Chair Downtown BID 1990's, Police Commission mid 1980's until 2024 * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I am a Bozeman native and retired banker with a B.S. and M.P.A. from MSU. In my banking career ethics, honesty and integrity were paramount for personal and company reputation. I have taken the annual Bozeman ethics training since it was introduced (20 years ago?). In addition, I am a SCORE mentor (volunteer subsidiary of the Small Business Administration) and take annual S.B.A. ethics training course to remain a certified small business counselor. * 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 SCORE counselor, we are required to complete an SBA DEI training module. The young people we typically advise come from widely varied ethnic, gender, marital, religions, and nationalities. I believe I have a firm understanding of DEI. References Page | 1 220 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Paul Pahut * Phone (406) 556-4151 * Email Paul.Pahut@Stockmanbank.com * Reference #2 Full Name Bill Coffee * Phone (406) 655-2707 * Email Bill.Coffee@Stockmanbank.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 Chronicle Legal Notices Is there any other information that you feel we need to know? For full disclosure, I do serve on the board of directors of several non-profit organizations in the community as well as the Board of Directors of Stockman Bank of Montana. I will disclose those involvements if any potential conflicts arise and abstain from voting on board matters that could present a real or perceived conflict of interest. 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 City 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 | 2 221 City – Bozeman Sports Park Foundation Termination Agreement -1- TERMINATION AGREEMENT BETWEEN THE CITY OF BOZEMAN AND THE BOZEMAN SPORTS PARKS FOUNDSATION, INC. This Termination Agreement (“Termination Agreement”) to terminate the Agreement between the City of Bozeman and the Bozeman Sports Parks Foundation, Inc. for the Management, Operation and Use of the Bozeman Sports Park (“Original Agreement”) is entered into on this ____ day of _______, 2023, 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 the Bozeman Sports Parks Foundation, Inc. a Montana 501(c)(3) nonprofit corporation, with a mailing address of PO Box 1126, Bozeman, MT 59771, hereinafter referred to as a “Foundation” and together with the City, the “Parties.” RECITALS The following recitals form the basis for the Parties’ intentions and as such are material to this Termination Agreement. WHEREAS, the Foundation was incorporated on October 20, 2014 as a Montana nonprofit corporation for the purposes of securing additional private and philanthropic support for the development of the Bozeman Sports Park and Bronken Field (collectively, the “Sports Parks”) and for the long-term management of the Sports Parks; and WHEREAS, on June 15, 2018, the Parties entered into the Original Agreement for regarding the management, operation, use, and maintenance of the Sports Parks attached hereto as Exhibit A including, but not limited to, scheduling field and facilities use, managing vendor relationships, collecting and managing user fees, and maintenance and repair; and WHEREAS, the Parties represent that each has the power and authority to enter into this Termination 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. The purpose of this Termination Agreement is to terminate the Original Agreement between the Parties that became effective on June 15, 2018, for the management, operation, use, and maintenance of the Sports Park. The Original Agreement is attached as Exhibit A and incorporated into this Termination Agreement. 2. Effective Date. This Termination Agreement is effective on June 15, 2023. 3. Mutual Termination. Unless otherwise specifically established in this Termination Agreement, the Parties mutually agree and consent to the termination of the Original DocuSign Envelope ID: F9666D90-1CD8-4288-A37D-10596F047064 27 June 12222 City – Bozeman Sports Park Foundation Termination Agreement -2- Agreement, resulting in the discharge of all remaining duties, obligations, and functions set forth in the Agreement. 4. Mutual Termination of Debt Repayment Agreement. As required by Section 3 of the Debt Repayment Agreement, attached as Exhibit B, and as further described in Section 1.2 of the Original Agreement, the Parties mutually agree to terminate the remaining duties, obligations, and functions established by the Debt Repayment Agreement. 5. Indemnity and Release. The Indemnity and Release provision, found in Section 8 of the Original Agreement, survives this Termination Agreement. 5.1 The Foundation agrees to indemnify, defend, and hold the City harmless from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out of, or incident to, negligent acts, errors, omissions, or willful misconduct by the Foundation or its officers, employees, or agents in the performance of the Original Agreement. 5.2 Unless otherwise agreed to in writing, both the City and Foundation shall be solely responsible for any contracts they enter into or other obligations or liabilities incurred by such party in connection with their respective roles under the Original Agreement and the Sports Parks. 5.3 The indemnification requirements of this Section shall survive the termination of this Agreement. 5.4 The Foundation’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by the City. 6. Transfer of Personal Property, Trade Fixtures, and Warranties. In consideration for the transfer of personal property, trade fixtures, and warranties, the City agrees to pay the Foundation a lump sum of one dollar ($1.00) for the purchase of all personal property and trade fixtures, including the equipment and inventory listed in attached Exhibit C. This Termination Agreement hereby transfers the above personal property to the City. The Foundation further agrees to assign and transfer to the City all of the Foundation’s right, title and interest in, to and under, any express or implied warranties associated with the personal property and trade fixtures. The Foundation agrees to complete any documentation that may be required by the warrantor(s) in order to legally transfer and assign any and all warranties to the City. The Foundation agrees to pay the cost of any fee required to transfer any warranty. DocuSign Envelope ID: F9666D90-1CD8-4288-A37D-10596F047064 13223 City – Bozeman Sports Park Foundation Termination Agreement -3- 7. Transfer of Funds. In the event the Foundation receives any funds or payments from Sports Park user groups, it agrees to transfer the monies already received by the Foundation to the City on or by June 30, 2023. The Foundation’s duty to transfer user group payments received by the Foundation after the date of this Termination Agreement continues until all such payments have been transferred to the City. 8. Surrender of the Premises. The Foundation agrees to relinquish all keys and key codes to the City no later than the effective date. Upon relinquishing keys and surrendering the Sports Park, the Foundation agrees that all fixtures and improvements must remain on the premises. 9. Miscellaneous. 9.1 Modification and Assignability. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Foundation may not assign its rights or obligations under this Agreement without the prior written consent of the City Commission. Any assignee will be bound by all of the terms and conditions of this Agreement. 9.2 Severability. If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 9.3 Applicable Law; Venue. The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. The Parties agree to personal jurisdiction in the courts of Gallatin County, Montana. 9.4 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. 9.5 Binding Effect. This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 9.6 Non-Waiver. A waiver by either Party of any default or breach by the other Party of any terms of conditions of this Agreement does not limit the other Party’s right to DocuSign Envelope ID: F9666D90-1CD8-4288-A37D-10596F047064 14224 City – Bozeman Sports Park Foundation Termination Agreement -4- enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 9.7 Notice. Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent by email with read-receipt requested or by United States certified mail, return receipt requested. 9.8 Attorney’s Fees and Costs. In the event it becomes necessary for either Party of 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 or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include the City Attorney. 9.9 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. 9.10 Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 9.11 Integration. This Agreement and all exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 9.12 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. CITY OF BOZEMAN BOZEMAN SPORTS PARKS FOUNDATION, INC. By: ________________________________ By: _____________________________ Jeff Mihelich, City Manager Print Name: ____________________ DocuSign Envelope ID: F9666D90-1CD8-4288-A37D-10596F047064 Brad Yeomans 15225 City – Bozeman Sports Park Foundation Termination Agreement -5- APPROVED AS TO FORM: By: ________________________________ Greg Sullivan, City Attorney DocuSign Envelope ID: F9666D90-1CD8-4288-A37D-10596F047064 16226