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City of Missoula Parks and Conservation Committee Agenda

Date: March 3, 2021, 10:15 AM - 11:45 AM Location: ZOOM Webinar

Members: Stacie Anderson, Mirtha Becerra, John P. Contos, Heather Harp, Jordan Hess, Gwen Jones, Julie Merritt, Jesse Ramos, Amber Sherrill (chair), Sandra Vasecka, Bryan von Lossberg, Heidi West

Attend by computer: Join the meeting Attend by phone: Cell phone users: 1-253-215-8782, 1-213-338-8477, or 1-267-831-0333 Landline users: 1-888-475-4499 or 1-877-853-5257 Webinar ID: 886 9262 4841 Password: 027222, Press *9 to raise your hand to be recognized for public comment Watch the meeting: Web stream (live or on demand), YouTube, or Spectrum Cable Channel 190

For more ways to watch the meeting and submit public comment, see the Citizen Participation Guide. Issues? Call the City Clerk 406-552-6078. If anyone attending this meeting needs special assistance, please provide 48 hours advance notice by calling the City Clerk Office at 406-552-6073.

Pages

1. ADMINISTRATIVE BUSINESS

1.1. Roll Call

1.2. Approval of the Minutes from February 24, 2021 1

2. PUBLIC COMMENT

3. COMMITTEE BUSINESS

3.1. Appointments to the Open Space Advisory City Clerk Office 4 Committee

Recommended motion: appoint ___ and ___ to the Open Space Advisory Committee for terms beginning immediately and ending on December 31, 2024. 3.2. Clark Fork River Restoration and Access Nathan McLeod 13 Professional Services Contract

Recommended motion: Approve the professional services contract with RESPEC Company, LLC in the amount not-to-exceed Two Hundred Forty Five Thousand Six Hundred Sixteen Dollars ($245,616) for the Clark Fork River Restoration and Access and authorize the Mayor to sign.

3.3. Missoula City Cemetery Strategic Plan Jeremy Keene 49

Recommended motion: Adopt the Missoula City Cemetery Strategic Plan of the Missoula City Council to provide guidance in implementing infrastructure and improvements that will enhance the operations and maintenance of the City Cemetery.

3.4. Easement amendment for West Broadway David Selvage 84 Island shared parking lot

Recommended motion: Approve the amended cross access and shared parking permanent easement between Interconnect International LLC and the City and authorize the Mayor to sign, and direct the City Clerk to record the amended easement.

4. ADJOURNMENT

Page 2 of 2

Missoula City Council Parks and Conservation Committee Minutes

February 24, 2021 10:45 AM ZOOM Webinar

Members present: Stacie Anderson, Mirtha Becerra, John P. Contos, Heather Harp, Jordan Hess, Gwen Jones, Julie Merritt, Jesse Ramos, Amber Sherrill (chair), Sandra Vasecka, Bryan von Lossberg, Heidi West

Others present: Staff Present: Corena Maurer, Donna Gaukler, Morgan Valliant, Jim Nugent Others Present: Amy Ragsdale, Mike Sweet

1. ADMINISTRATIVE BUSINESS

1.1 Roll Call

1.2 Approval of the Minutes from February 10, 2021

The minutes were approved as submitted.

2. PUBLIC COMMENT

3. COMMITTEE BUSINESS

3.1 Appointment to the Parks and Recreation Board

Mr. Ramos moved to approve the appointment of David Westfall to the Park Board.

Mr. von Lossberg joined the meeting.

Moved by: Jesse Ramos

Confirm the Mayor’s appointment of David Westfall to fill a vacated term on the Parks & Recreation Board for a term beginning immediately and expiring on April 30, 2023.

AYES: (9): Mirtha Becerra, John Contos, Jordan Hess, Gwen Jones, Julie Merritt, Jesse Ramos, Amber Sherrill, Sandra Vasecka, and Bryan von Lossberg

ABSENT: (3): Stacie Anderson, Heather Harp, and Heidi West

Vote results: Approved (9 to 0)

3.2 Contract with MMW for Architectural design services for a community center in McCormick Park

Ms. Gaukler introduced herself and gave some background on the project.

Ms. Anderson joined the meeting.

Ms. West joined the meeting.

1 Page 1 of 92

Ms. Gaukler talked about the various uses of the building.

Amy Ragsdale introduced her self and discussed some of her experience with dance. Ms. Ragsdale is very excited about this possibility.

Mike Sweet gave some background information on himself and how he has been involved in the planning for a possible community center. As a contractor he is very supportive of MMW.

Ms. Sherrill asked about the spaces that are currently in use for community centers.

Ms. Gaukler talked about how we are currently turning user groups away because we have no where to place them.

Mr. Ramos asked for more information on funding for the project.

Mr. Ramos asked for more clarification on the costs estimate.

Ms. Gaukler stated the the costs are at a very rough estimate.

Mr. von Lossberg made the recommended motion.

Mr. von Lossberg spoke in favor of the motion.

Ms. Harp joined the meeting.

Ms. Merritt recalls a survey that made an indoor space like this one a high priority in the community.

Ms. Jones states she has sat in a lot of community center meetings in the last 6 years and believes this project is solid and she fully supports it.

Ms. Anderson thinks having a space where people can congregate during a smoke event is extremely important.

Ms. Gaukler gave some clarification on the request per Ms. Anderson.

Ms. Becerra also stated Climate Change has made an indoor space like this so important.

Mr. Ramos has concerns with future funding and will not be supporting the motion.

Moved by: Bryan von Lossberg

Approve the contract with MMW Architects for architectural design services for a community center in McCormick Park in the amount of $119,888.00 and authorize the Mayor to sign.

AYES: (10): Stacie Anderson, Mirtha Becerra, John Contos, Heather Harp, Jordan Hess, Gwen Jones, Julie Merritt, Amber Sherrill, Bryan von Lossberg, and Heidi West

NAYS: (2): Jesse Ramos, and Sandra Vasecka

Vote results: Approved (10 to 2)

2 Page 2 of 92

3.3 Conservation and Stewardship Mill Levy budget implementation

Mr. Valliant shared an outline of the staffing plan for the Conservation and Stewardship levy.

Ms. Merritt made the recommended motion.

Ms. Harp asked for clarification on the Maintenance Worker positions.

Moved by: Julie Merritt

approve and authorize the Mayor to direct staff to proceed with hiring the Seasonal Conservation Lands Maintenance Worker in FY21 and recognizing this position will be in the FY22 baseline and funded by the Conservation and Stewardship Mill Levy.

AYES: (12): Stacie Anderson, Mirtha Becerra, John Contos, Heather Harp, Jordan Hess, Gwen Jones, Julie Merritt, Jesse Ramos, Amber Sherrill, Sandra Vasecka, Bryan von Lossberg, and Heidi West

Vote results: Approved (12 to 0)

3.4 Appointments to the Open Space Advisory Committee

11:25 – 11:40 – Anne Iverson Interview

11:40 - 11:45 – Discussion

11:45 - 12:00 – Kit H Fischer Interview

12:00 – 12:05 – Discussion

Ms. Iverson was interviewed by the committee with Zoom video.

Kit Fischer was interviewed by the committee with Zoom video.

Moved by:

appoint ___ and ___ to the Open Space Advisory Committee for terms beginning immediately and ending on December 31, 2024.

4. ADJOURNMENT

The meeting was adjourned at 12:09pm.

Submitted by: Corena Maurer

City of Missoula Parks & Recreation

3 Page 3 of 92

City of Missoula, Montana Item to be Referred to City Council Committee

Committee: Parks and Conservation

Item: Appointments to the Open Space Advisory Committee

Date: February 16, 2021

Sponsor(s): City Clerk Office

Prepared by: City Clerk Office

Ward(s) Affected: ☐ Ward 1 ☐ Ward 4 ☐ Ward 2 ☐ Ward 5 ☐ Ward 3 ☐ Ward 6

☐ All Wards ☒ N/A

Action Required: Interview candidates for the two open City Council appointments.

Recommended Motion(s): I move the City Council: appoint ___ and ___ to the Open Space Advisory Committee for terms beginning immediately and ending on December 31, 2024.

Timeline: Referral to committee: February 22, 2021 Committee discussion: February 24, 2021 Council action (or sets hearing): March 1, 2021 Public Hearing: Click or tap here to enter text. Deadline: Click or tap here to enter text.

Background and Alternatives Explored: 2 positions remained vacant after fall 2020 recruitment. A request for applications was issued on January 12, 2021 and closed on February 12, 2021. Applications were received from three candidates: Anne Iverson, Ashley Hunter and Kit H Fischer.

Financial Implications:

Links to external websites:

Page 4 of 92 From: [email protected] To: City Clerk Inbound Subject: Online Form Submittal: Application Form--Open Space Advisory Committee Application Date: Tuesday, January 12, 2021 12:26:44 PM

Application Form--Open Space Advisory Committee Application

Information for Applicants

Thanks for your interest!

Applications are due February 12, 2021 by 5 p.m. Interviews will be conducted as a ZOOM webinar. The City Clerk Office will contact you to schedule an interview.

Please note: All applications are included in City Council packets and published on the City website.

Position

Where do you live? I live in City limits

How long have you 22 years been a city resident?

Which ward do you 1 reside in?

Contact Information

Name: Anne your Iverson

Email: [email protected]

Daytime Phone: 4062407022

Alternate Contact Field not completed. Phone:

Street Address: 3 September Dr

City, State: Missoula

Zip: 59802

Is your street address Yes the same as your mailing address?

Background

Are you a U.S. citizen? Yes

Page 5 of 92 Are you registered to Yes vote?

Current Occupation: Marketing Manager

Current Employer: Mountain Press

If you'd like, you can Field not completed. attach a resume or other document for the City Council to consider.

Briefly describe your BA University of Coloardo, Economics educational JD University of Colorado background: MBA University of Montana

List of community Member of Centennial Rotary Club of Missoula service experience: Director of the Small Business Development Association

What is your interest in I use Missoula Open Space every day. Fortunately, I live close to serving on this board, the Lincoln Hills open space and can walk there daily. It is an commission, or important part of the quality of my life. I would like to see the committee? open space maintained and available for future generations.

Do you have any I have special knowledge and interest in that I am a daily user of special knowledge, the open space. I would like to give back to this community asset interest, or experience which is an important part of my life. I have worked on national that would qualify you park issues as an advocate, but not for many years. With for a position on this everything going on in the world, I think it is important to give back to the community. board, commission, or committee?

References

Please provide two references.

Reference 1

Name: John

Phone:

Reference 2

Name: Theresa

Phone:

(Section Break)

Page 6 of 92 If you'd prefer, you can mail or deliver your completed application and attachments to: City Clerk Office 435 Ryman St. Missoula, MT 59802 *Please note the City Clerk Office is currently closed to the public. There is a drop box located at the entrance to City Hall where you can place your materials.

Email not displaying correctly? View it in your browser.

Page 7 of 92 From: [email protected] To: City Clerk Inbound Subject: Online Form Submittal: Application Form--Open Space Advisory Committee Application Date: Friday, February 12, 2021 3:19:38 PM

Application Form--Open Space Advisory Committee Application

Information for Applicants

Thanks for your interest!

Applications are due February 12, 2021 by 5 p.m. Interviews will be conducted as a ZOOM webinar. The City Clerk Office will contact you to schedule an interview.

Please note: All applications are included in City Council packets and published on the City website.

Position

Where do you live? I live in City limits

How long have you 38 years been a city resident?

Which ward do you 4 reside in?

Contact Information

Name: Kit H Fischer

Email: [email protected]

Daytime Phone: 4062413121

Alternate Contact Field not completed. Phone:

Street Address: 116 Sentinel St.

City, State: MISSOULA

Zip: 59801

Is your street address Yes the same as your mailing address?

Background

Are you a U.S. citizen? Yes

Page 8 of 92 Are you registered to Yes vote?

Current Occupation: Director of Wildlife Programs

Current Employer: National Wildlife Federation

If you'd like, you can Field not completed. attach a resume or other document for the City Council to consider.

Briefly describe your I grew up in Missoula and graduated from Hellgate High School educational in 2001, graduated college (Colorado College) in 2005 with a BA background: in English/ Journalism, immediately after college went into the Peace Corps.

List of community -Board member, Hellgate Hunters and Anglers 2013-2021 service experience: (President 2015-2017) -Citizen Advisory Committee Member, Montana FWP Region 2 (term 2020-2024) -FWP Reg 2 FWP Elk Advisory Committee(2019) -Five Valley's Land Trust Mount Dean Stone Advisory Committee (2018-2021)

What is your interest in Missoula's Open Space Program has proven an extremely serving on this board, succesful model for balancing the needs of recreation, natural commission, or spaces, wildlife and development. There is no question as committee? Missoula's population continues to grow, the challenges of balancing open space, recreational needs and conservation concerns will become only more pronounced. My interest in serving on this committee is ensuring that balance is maintained and the City continues to purchase key pieces of property that are in the best interest of Missoula citizens and taxpayers who funded the open space bond. It is difficult to place a value on open space, but clearly it has come to define Missoula and attracts business, students and is central to our way of life. As I am starting a family of my own, I want to ensure the qualities that have kept me in Missoula are here for my children to enjoy in the future.

Do you have any I have worked for National Wildlife Federation for over a decade, special knowledge, focusing on community organizing, wildlife livestock/ conflicts, interest, or experience federal land planning and wildlife migration and connectivity. In that would qualify you my role with NWF, I negotiate often complicated agreements with for a position on this ranchers across the west regarding public land grazing rights. In addition, I manage NWF's 660 acre property in the North Hills board, commission, or between Grant Creek and Sawmill Gulch. I am familiar with the committee? process of land easements, have working relationships with Five Valleys Land Trust, US Forest Service, and Montana Fish,

Page 9 of 92 Wildlife and Parks. I believe I could provide an important perspective relative to wildlife values in a rapidly growing urban interface.

References

Please provide two references.

Reference 1

Name: Tom

Phone:

Reference 2

Name: Liz

Phone:

(Section Break)

If you'd prefer, you can mail or deliver your completed application and attachments to: City Clerk Office 435 Ryman St. Missoula, MT 59802 *Please note the City Clerk Office is currently closed to the public. There is a drop box located at the entrance to City Hall where you can place your materials.

Email not displaying correctly? View it in your browser.

Page 10 of 92 Updated 11/13/2020

OSAC INTERVIEW QUESTIONS

1. Describe your interest in serving on the Open Space Advisory Committee (OSAC).

2. What are the benefits to the City and the public of having a citizen Open Space Advisory Committee?

3. Describe any personal or professional expertise you have related to acquisition or management of public open space, conservation lands or lands for parks and trails.

4. The City has approximately $100,000 remaining of its $5,000,000 share of the 2006 Open Space Bond. Missoula County voters also recently passed a new 2018 open space bond, the City’s portion of which is $7.5 million. Generally, how do you think the Open Space Committee should prioritize spending these limited funds?

5. Open space bonds state specific purposes for which the funds can be spent (e.g. protecting wildlife habitat, agricultural land, access to rivers, lands for trails, etc.). The 2018 bond also allows funding for improvements to open space land, such as reconstructing trailheads, improving or repairing trails, planting trees. How should the City balance the variety of needs our community has related to open space?

6. If appointed, you will be working on a public board that may have different opinions, perspectives or ideas about how to allocate limited resources. Can you provide an example of a time when you have had to compromise, collaborate or deal with conflict and what were the results of your efforts?

7. In 2018, City voters passed a $500,000 open space stewardship levy to help cover costs of maintaining and managing conservation lands. How should OSAC consider additional future management and maintenance needs and costs associated with preserving open space lands?

8. Many conservation easements on family farms and ranches do not provide for public access. What do you think about expending bond funds to protect open space that will have little to no public access?

9. The City’s open space ordinance requires that applicants provide full disclosure of existing or potential conflicts of interest. Having a conflict doesn’t preclude appointment, but the information is required to be disclosed. Board members with actual or apparent conflicts of interest cannot participate in any manner in the board’s review

Page 11 of 92 Updated 11/13/2020

of that proposal. Please tell the committee of existing or potential conflicts of interest in serving on the committee.

10. OSAC presently meets once a month on the 2nd Thursday from 4:00 - 6:00 P.M. Occasionally, more time is needed from members to help with a particular issue or event. Are you willing to devote the time needed to attend meetings and work on committee activities? 11. The City and County offer Board training twice a year. The training covers good governance, open meetings, public participation and right to know, ethics, conflicts of interest, bylaws, minutes, and parliamentary procedures. The City Council feels it is very important that all city board members attend this training. (Have you attended/will you attend) the training?

12. The success of OSAC depends on the active engagement and participation of its members. Are you able to commit to preparing for and participating in meetings and other activities, including asking discerning questions and constructively participating in deliberations?

Page 12 of 92

City of Missoula, Montana Item to be Referred to City Council Committee

Committee: Parks and Conservation

Item: Clark Fork River Restoration and Access Professional Services Contract

Date: March 1, 2021

Sponsor(s): Nathan McLeod

Prepared by: Nathan McLeod

Ward(s) Affected: ☒ Ward 1 ☐ Ward 4 ☐ Ward 2 ☐ Ward 5 ☒ Ward 3 ☒ Ward 6

☐ All Wards ☐ N/A

Action Required: Approve professional services contract and authorize the Mayor to sign

Recommended Motion(s): I move the City Council: Approve the professional services contract with RESPEC Company, LLC in the amount not-to-exceed Two Hundred Forty Five Thousand Six Hundred Sixteen Dollars ($245,616) for the Clark Fork River Restoration and Access and authorize the Mayor to sign.

Timeline: Referral to committee: March 1, 2021 Committee discussion: March 3, 2021 Council action (or sets hearing): March 8, 2021 Public Hearing: Click or tap here to enter text. Deadline: Click or tap here to enter text.

Background and Alternatives Explored: In 2014, the City of Missoula Parks and Recreation Department partnered with the Clark Fork Coalition and Missoula Valley Water Quality District to begin a purposeful look at the health of the river corridor in the heart of Missoula. A community river‐visioning process was launched with participation from multiple agencies and stakeholders, all of which agreed that river access and streambank health were at the forefront of issues to be addressed. Parks and its project partners inventoried sections of streambank destabilization in 2014 and conducted a recreational use survey in 2015. Based on information obtained during these activities, Parks applied for and received funding from the Montana Department of Natural Resources and Conservation (DNRC) to conduct a more detailed study of the project area and develop conceptual‐level engineering design plans to restore the south bank of the river to a more natural, ecologically functional, and aesthetically pleasing section of riverfront.

Page 13 of 92 completed in 2016 for each of the 34 sites, with implementation planned in phases based on river use priorities and funding availability. An emphasis was placed on reducing streambank erosion by focusing river access to designated locations and enhancing the surrounding riparian vegetation.

In fall 2018, the Missoula County Open Space Bond was approved which included funding for sustainable river access development as well as closure and restoration of numerous unsustainable access sites. Since 2018, additional river corridor planning has been completed within downtown including both sides of the river. The City completed an updated bank erosion assessment and river use survey in 2020. River access master planning efforts have expanded to include the Clark Fork River corridor between Ben Hughes Park in East Missoula and Riverside Park, just downstream of Russell Street – this will be the extent of the current project.

The RESPEC Team will provide mapping/assessment, landscape architecture, design engineering and construction management services to Parks for the Clark Fork River Restoration and Access Project. More specifically, this will include: review and assessment of existing conditions, existing site analysis, conceptual designs, user survey data, and site assessment criteria; completion and submittal of permit applications; and production of construction‐ready contract documents, including drawings, specifications and cost opinions. The project may include bid administration and construction management for specific sites or the entire project.

Financial Implications: Total contract is for an amount not to exceed: $245,616 which includes the following:

Design and engineering fees not to exceed: $198,080 Construction Administration and project Bidding in an amount not to exceed: $47,536

Design and engineering fees will be funded from the 2018 Open Space Bond, as outlined in the adopted Nov 2019 Resolution approving 2018 open space bond proceed expenditures with a total amount of $225,000 allocated for the Clark Fork River Access and Restoration Project

Pending conceptual design development and favorable construction estimates the additional $47,536 in construction administration fees TBD in FY22.

Links to external websites: Attachments –

Nov 2019 Resolution and attachment approving this project as an Undertaking and thus eligible for use of OS Bond funds.

RESPEC Scope and Fee Estimate

CFR R&A Professional Services Contract

Page 14 of 92 EXHIBIT A – SCOPE OF SERVICES

CLARK FORK RIVER RESTORATION and ACCESS CITY of MISSOULA, MONTANA Parks and Recreation Department February 19, 2021

Project Background In 2014, the City of Missoula Parks and Recreation Department (Parks) partnered with the Clark Fork Coalition and Missoula Valley Water Quality District to begin a purposeful look at the health of the river corridor in the heart of Missoula. In October 2014, a community river‐visioning process was launched with participation from multiple agencies and stakeholders, all of which agreed that river access and streambank health were at the forefront of issues to be addressed. Parks and its project partners inventoried all areas of streambank destabilization in 2014 and conducted a recreational use survey in 2015. Based on information obtained during these activities, Parks applied for and received funding from the Montana Department of Natural Resources and Conservation (DNRC) to conduct a more detailed study of the project area and develop conceptual‐level engineering design plans to restore the south bank of the river to a more natural, ecologically functional, and aesthetically pleasing section of riverfront.

In fall 2015, the City contracted with RESPEC to evaluate and categorize riverbank and riparian conditions at 34 identified river access locations along the south bank of the Clark Fork River though downtown Missoula. The project reach extended approximately 0.7 mile from the Madison Street Bridge downstream past the South Higgins Avenue Bridge and the Boone and Crockett Club, terminating at the Clark Fork Natural Area. Conceptual‐level restoration treatments were completed in 2016 for each of the 34 sites, with implementation planned in phases based on river use priorities and funding availability. An emphasis was placed on reducing streambank erosion by focusing river access to designated locations and enhancing the surrounding riparian vegetation.

Project Description The RESPEC Team (“Team”) will provide mapping/assessment, landscape architecture, design engineering and construction management services to Parks for the Clark Fork River Restoration and Access Project. More specifically, this will include: review and assessment of existing conditions, prior site analysis, conceptual designs, user survey data, and site assessment criteria; completion and submittal of permit applications; and production of construction‐ready contract documents, including drawings, specifications and cost opinions. The project may include bid administration and construction management for specific sites or the entire project, and potential use of alternative project delivery methods.

City of Missoula, Montana Clark Fork River Restoration and Access Scope of Services Page 15 of 92 Page 1

Project Team RESPEC is the prime consultant for purposes of contracting with Parks and will be the primary firm for communication between Parks and consultant Team. However, we encourage open communication during the project and support direct contact between representatives of all consultant Team firms and Parks’ staff, where appropriate. Primary contact persons at each company, and their roles within this project, include:

RESPEC: Mike Rotar, PE, CFM Project Manager: primary contact for all administrative (Bozeman) matters and team coordination, engineering co‐lead Megan Burke, Ph.D. Deputy Project Manager: secondary contact person, (Missoula) stakeholder/public outreach lead Matt Johnson, PE, CFM Lead Engineer: engineering co‐lead, construction docs. (Bozeman)

Field Studio: Charlie Kees, PLA Landscape Architect: lead landscape architect (Bozeman) Chris Keil, PLA Landscape Architect: landscape architect (Bozeman) Greta Moore Designer: ecological design (Bozeman)

DJ&A: Paul Druyvestein, PE Engineer: City Design Guidelines and Standards (Missoula) Kyle Gauthier, PE Engineer: construction management lead (Missoula) Bob Rinfret, PLS Surveying: surveying lead (Missoula)

Scope of Services

The following specific work tasks are identified to complete the project:

Task 1: Review and Assessment of Existing Conditions/Documents Task 2: Stakeholder Meetings/Interaction and Public Involvement Task 3: Develop Site Restoration Plans and Prescriptive Treatments Task 4: River Access and Restoration Design Development (thru 60% Design Submittal) Task 5: River Access and Restoration Design Development (90% Design Submittal) Task 6: River Access and Restoration, Final Design (100%) Construction Documents Task 7: Permitting Task 8: Construction Management – Optional Task

City of Missoula, Montana Clark Fork River Restoration and Access Scope of Services Page 2 Page 16 of 92

Task 1. Review and Assessment of Existing Conditions/Documents a. Review existing site conditions and river access assessment work that has been completed along the Clark Fork River within the project reach. These materials include:  CFR Sustainable Access and Restoration – Definitions and Criteria for Selecting Access Sites (Parks)  2016 CFR Sustainable Access and Riparian Restoration Report and Conceptual Drawings (RESPEC)  Preliminary River Access Improvement and Restoration Plan (Parks, October 2020)  2020 Bank Erosion Report and Severity Mapping (Parks, August 2020)  River Use Surveys – 2015 and 2020 (Parks)  North Riverside Parks and Trails, Plans and Conceptual Designs (Parks) b. Conduct on‐foot, field assessment of the project reach to observe current conditions within the reach and evaluate applicability and prioritization of proposed access and restoration sites. Review river access locations outside of previous study areas (i.e., upstream of Madison St. Bridge/downstream of Orange St. Bridge – south bank; entire reach – north bank). c. Summarize any recommended changes or additions to access and restoration locations according to site selection criteria.

Assumptions  Project extents are between Ben Hughes Park (upstream) and Riverside Park (downstream) and include both sides of the river.

Deliverables  Memorandum summarizing field review of existing site conditions and previously completed site analyses, selection criteria, user surveys, and conceptual restoration and access enhancement plans. Provide recommended edits and/or additions to these materials.  Attend project kickoff meeting with Parks staff. This meeting is assumed to follow a virtual format utilizing Zoom or other online meeting service. Each of the RESPEC Team members will have at least one representative attend the kickoff meeting.  Attend access site selection criteria review meeting with Parks. This meeting is assumed to occur in one of the following ways: Virtually via Zoom or other online meeting platform or outdoors during or following a field review meeting. A minimum of two representatives from the RESPEC Team will attend this meeting.

Task 2. Stakeholder Meetings/Interaction and Public Involvement Prepare for and attend stakeholder meetings and public open houses. The purpose of these meetings is to foster stakeholder engagement and to promote public awareness and provide information about project progression. RESPEC Team representatives will attend two series of meetings with stakeholder groups to gather feedback and better understand focal points and group perspectives. Parks currently envisions four different stakeholder groups including: community, recreation, technical and transportation. An initial series of stakeholder meetings is planned to occur shortly after project kickoff, with a second series of meetings at approximately the 60% level of design development.

City of Missoula, Montana Clark Fork River Restoration and Access Scope of Services Page 3 Page 17 of 92

RESPEC Team representatives will attend and assist with facilitation of two public open houses to be led by Parks staff. Due to COVID safety protocols, the open houses will be virtual. The open houses are planned to occur shortly after project kickoff and in fall 2021 when access and restoration design plans are approximately 60% complete.

Assumptions  Parks staff will lead all meetings (stakeholder groups and public open houses).  A total of 8 stakeholder meetings are anticipated.  Stakeholder meetings will be up to 2 hours in length each.  One representative from the RESPEC Team will attend each stakeholder meeting.  Two public open houses will be held.  Each public open house will be up to 3 hours in length.  The RESPEC Team will provide support materials, as needed, for the Open House #2, to occur in fall 2021.

Deliverables  Public open house (#2) support materials, as needed. Anticipated materials include renderings and other graphics of site access and restoration locations, and photo or videography representations of the sites.

Task 3. Develop Site Restoration Plans and Prescriptive Treatments Develop site restoration plans for a variety of locations which may include revegetation, re‐surfacing, fencing, and armoring of the bank to reduce erosion, restore vegetation, and prevent and/or re‐direct future access. Several of these locations are relatively small and Parks may elect to restore them using in‐ house labor and materials. Thus, a series of prescriptive restoration treatments, in the form of typical drawings and associated narrative, will be developed to supplement construction documents prepared for larger‐scale restoration locations. Possible types of prescriptive treatments include:  Bank grading/re‐grading  Bank stabilization – bioengineering  Bank stabilization – armoring  Methods to prevent continued or future access (e.g., fencing, re‐direction)  Bank re‐surfacing  Bank seeding/planting For larger‐scale bank restoration locations, complete conceptual design development (30% complete) for restoration treatments to include preliminary grading, type(s) of bank stabilization, and extents of bank treatments. NOTE: Many of the larger‐scale bank restoration locations are anticipated to also be areas where enhanced river access designs are developed. As such, progressive design development through construction documents (100% complete) at these locations will be coupled with the associated river access design development described in Tasks 4 – 6. City of Missoula, Montana Clark Fork River Restoration and Access Scope of Services Page 4 Page 18 of 92

Assumptions  Up to 6 types of prescriptive bank restoration and/or closure designs will be developed for areas that are smaller in scale or where erosion impacts are relatively minor.  Prescriptive bank stabilization treatments will consist of 1 – 2 pages (8.5” x 11”) and include typical drawings, design notes, material lists (e.g., rock, wood, plants and seeding, erosion control materials – fabric), description of construction sequencing/steps, and summary of typical unit costs.  Landscape designs will adhere to Missoula Parks and Recreation Design Manual (2018 Edition).  Three design review meetings with Parks staff to review restoration designs. Meetings will occur at the conceptual design level (30% complete) for all bank restoration locations, and at the 60% and 90% complete stages for the prescriptive bank restoration designs and any restoration locations that are not also carried forward as river access sites. Design development will be carried forward for all prescriptive bank treatments and larger, standalone restoration sites (i.e., no planned access) to facilitate permitting.  Parks’ review of bank restoration associated with design of new or enhanced river access locations will carry forward in Tasks 4 – 6.  Optional Work: An allowance for 20 hours of site surveying by a 2‐person survey crew is included in this task to support design development.  Design deliverables will be submitted electronically.

Deliverables  Conceptual‐level designs (30% complete) for all proposed bank restoration locations, to include prescriptive bank restoration treatments.  Prescriptive bank restoration designs and designs for other designated restoration‐only sites at 60%, 90%, and 100% complete design development stages.

Task 4. River Access and Restoration Design Development (thru 60% Design Submittal) Develop new or enhanced river access designs at locations identified in previous design development documents (Task 1) and in accordance with recent river use data and ongoing public process discourse. Access designs will include enhanced recreational access routes to minimize erosion and other impacts to the riverbanks and riparian areas. Application of “hardened” surfaces and materials will occur only to the extent necessary to provide functional river access that reduces erosion and meets mobility and public safety requirements. A guiding principle for all river access designs is to be “light on the land” and utilize natural materials to reduce ecological and visual impacts and promote long‐term sustainability.

The RESPEC Team will complete all work associated with river access and restoration design development through the 60% complete level. Preliminary design development to a 30% level of completion will be completed first, followed by Technical Advisory Committee review. It is noted that several river access locations on the south bank of the river between Madison St. and the Clark Fork River Natural Area already have access enhancement designs completed to approximately a 30% level. The following tasks are planned to meet 30% and 60% design development.

City of Missoula, Montana Clark Fork River Restoration and Access Scope of Services Page 5 Page 19 of 92

a. Conceptual‐level design (30%): Newly identified (Task 1) river access locations  Develop preliminary geometric layout and design for access site extents, mobility/movement, and trail connectivity and interfacing.  Develop preliminary site grading.  Develop preliminary recommendations for materials selection and application to facilitate access. New and previously identified river access locations  Attend conceptual design review meeting with Technical Advisory Committee for new and previously identified access locations. b. 60% Design Development (access sites as determined by selection criteria)  Address review comments from conceptual design (30%) deliverable.  Advance geometric layout and design, mobility/movement components, and trail connectivity.  Advance site grading.  Develop preliminary drainage design.  Develop preliminary landscaping and planting plans.  Complete geotechnical investigations; to include test pits, laboratory testing, engineering analysis, and reporting.  Coordinate preliminary utility relocation plans, if necessary.  Coordinate with City Public Works & Mobility staff Services and Parks.  Initiate development of technical specifications for project design components.  Prepare a preliminary engineer’s opinion of probable construction costs.  Attend 60% design review meeting with Technical Advisory Committee for selected river access and restoration locations.

Assumptions  All identified river access locations will be included in the conceptual‐level design process. Preliminary river access designs completed in 2016 as part of previous project are at roughly a 30% design level. No additional design work to be completed for these access locations prior to conceptual design review meeting. One exception to this assumption is the inclusion of recommended design changes or edits to previous site access designs that are approved by the Technical Advisory Committee following Task 1.  Optional Work: An allowance for up to $12,000 of geotechnical site investigation is included in this task to support design development.  Landscape designs will adhere to Missoula Parks and Recreation Design Manual (2018 Edition).  Design deliverables will be submitted electronically.

City of Missoula, Montana Clark Fork River Restoration and Access Scope of Services Page 6 Page 20 of 92

Deliverables  Conceptual‐level designs (30% complete) for all identified river access and restoration locations, including any recommended changes or updates to previous designs completed in 2016.  Preliminary designs (60% complete) for identified river access and restoration locations, as recommended by the Technical Advisory Committee, including associated construction cost opinions.

Task 5. River Access and Restoration Design Development (thru 90% Design Submittal)

The RESPEC Team will address comments received from review of the 60% design submittal and complete all work associated with river access and restoration design development through the draft final (90% complete) level. Draft final design tasks to include:  Address comments from the 60% deliverable.  Finalize site grading.  Advance geometric layout and design, mobility/movement components, and trail connectivity.  Advance drainage design.  Advance landscaping and planting plans.  Advance design detail drawings.  Advance utility coordination with final relocation plans, as necessary.  Coordinate with City Public Works & Mobility staff and Parks.  Advance technical specifications for project design components.  Advance the preliminary engineer’s opinion of probable construction costs to be commensurate with draft final design level.  Attend 90% design review meeting with Technical Advisory Committee for selected river access and restoration locations.

Assumptions  City Public Works & Mobility and Parks will provide review comments on 90% design submittal.  Continued coordination with City Public Works & Mobility staff, prior to submitting the 90% design submittal, will be limited to a 1‐hour virtual meeting.  Design deliverables will be submitted electronically.

Deliverables  Draft final (90%) construction documents including plans, specifications, and cost opinion.  Provide necessary design and permitting materials to facilitate reviews by City Public Works & Mobility Dept. ‐ Engineering and Utilities Divisions, including Surface Transportation and Storm Water.

City of Missoula, Montana Clark Fork River Restoration and Access Scope of Services Page 7 Page 21 of 92

Task 6. River Access and Restoration, Final Design (100%) Construction Documents The RESPEC Team will address comments received from the Technical Advisory Committee’s review of the fully developed draft design plans (90%) and prepare and issue a set of signed and stamped final design (100%) construction documents. Final design tasks include:  Address comments from the 90% deliverable reviews.  Finalize geometric layout and design, mobility/movement components, and trail connectivity.  Finalize drainage design.  Finalize design detail drawings.  Finalizing landscaping and planting plans.  Finalizing technical specifications for project design components.  Finalizing engineer’s opinion of probable construction costs.  Continuing coordination with City Public Works & Mobility and Parks.  Attend a final design (100%), pre‐bid review meeting with the Technical Advisory Committee for selected river access and restoration locations.

Assumptions  City Public Works & Mobility and City Parks Dept. will provide review concurrently and provide one set of review comments.  Design deliverables will be submitted electronically.

Deliverables  100% (stamped) construction documents including plans, specifications, and cost estimate.

Task 7. Permitting Complete resource agency permitting for all site access and restoration locations that will proceed to final design. Coordinate with resource agency personnel responsible for permit review.

 Complete and submit project permit applications. The following permit applications are anticipated to be applicable to some, or all, of the access and restoration locations. ‐ Joint Application for Proposed Work in Montana’s Streams, Wetlands, Floodplains, and other Water Bodies (aka “Joint Application”). This application form can be used for the following permits: › Stream Protection Act (SPA) 124 Permit (MT Dept. of Fish, Wildlife & Parks) › Section 404 Permit (U.S. Army Corps of Engineers) › 318 Authorization (MT Dept. of Environmental Quality) › Navigable Rivers Land Use License, Lease, or Easement (MT Dept. of Natural Resources and Conservation) › Floodplain Development Permit (City of Missoula), including No‐Rise Analysis

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‐ Section 408 Authorization (U.S. Army Corps of Engineers), where applicable. This is the process that allows alteration to a federally authorized levee.

‐ Storm Water Permit (City of Missoula); this includes the Storm Water Site Evaluation Form and Erosion Control Site Plan Checklist, and associated Erosion Control Site Plan and Storm Water Management Site Plans, as applicable. ‐ Utility Plan Submittal

Assumptions  RESPEC will participate in pre‐application discussions and meetings with resource agency personnel to the extent that these interactions will help streamline the permitting process.  RESPEC assumes a reasonable level of review and comment dialogue with resource permitting agencies throughout the permitting process. RESPEC will participate in a cooperative comment and response‐to‐comments discourse during the permitting process, to include a reasonable number of review comment/comment response cycles.

Deliverables  Submit permit applications and secure permits described above, as applicable.

Task 8: Contractor Procurement and Construction Management – Optional Task The RESPEC Team would provide project bidding assistance and assist the City with project advertisement and contractor procurement services. This would include attending a pre‐bid‐conference, assisting with bid evaluation, and making a recommendation for contract award.

Construction management services would include the following: ‐ Construction staking services and daily construction observation for the project. Construction staking services would include layouts and elevations of proposed river access and restoration locations as required to construct the project. ‐ Daily observation would include limited, part‐time inspection and daily diaries (including photographs) of construction activities. ‐ Compaction testing, as prescribed in the specifications, would be performed as necessary to ensure that the contractor is meeting all requirements set forth in the contract documents. Other testing, such as concrete testing, would be performed by the contractor with results reviewed by the RESPEC Team. ‐ RESPEC would respond to Requests for Information (RFIs) and process contractor pay requests and change orders and submit them to Parks with recommendations for further review and/or acceptance.

Assumptions

 Inspection would be provided at 4 hours per day for up to 40 days of construction.

City of Missoula, Montana Clark Fork River Restoration and Access Scope of Services Page 9 Page 23 of 92

 Quality control testing would be the responsibility of the contractor with limited quality assurance testing performed by RESPEC to confirm contractor’s results.  Construction stakes would be set one time. If stakes are obliterated by construction activities, the contractor would be responsible for costs associated with resetting the construction stakes.

Deliverables

 Finalize contract bid documents, advertise the project via Missoula Plans Exchange on behalf of Parks, attend pre‐bid conference, assist Parks in evaluating bids, and make a recommendation for contract award.  Bid tabulation with recommendation for award.

 Daily diaries with photographs and quality assurance testing results.

 Construction deliverables will be submitted electronically.

Preliminary Project Schedule  Contract signed and Notice to Proceed (NTP) issued: Mid‐March 2021  Review/Assessment of Existing Conditions/Documents (Task 1): Early April 2021  “Virtual” Open House & Stakeholder Meetings (Task 2, Round 1): April 2021  Develop Site Restoration Plans & Prescriptive Treatments (Task 3): Late‐April to June 2021  River Access/Restoration Conceptual‐level (30%) Designs (Tasks 3/4): June 17, 2021  Initiate Permitting Process; conduct pre‐application discussions and meetings, begin permit application submittals (Task 7): July ‐ Sept. 2021  River Access/Restoration 60% Design Development PS&E (Task 4): Aug. 26, 2021  Open House & Stakeholder Meetings (Task 2, Round 2): Sept. 2021  River Access/Restoration 90% Design Development PS&E (Task 5): Oct. 28, 2021  Continue Permitting Process; respond to comments/questions from resource agencies; secure permits (Task 7): Sept. – Nov. 2021  River Access/Restoration Final Design PS&E and Const. Docs. (Task 6): Dec. 16, 2021

City of Missoula, Montana Clark Fork River Restoration and Access Scope of Services Page 10 Page 24 of 92

Project: Clark Fork River Restoration and Access PROJECT TEAM STAFF Client: City of Missoula Parks & Recreation Dept. RESPEC Field Studio DJ&A SUB. (TBD)

Labor Classifications Lead Crew Leader Manager Engineer Designer Surveyor Principal 1 Principal 2 Engineer 1 Engineer Technician Geotechncial Geotechncial Investigations Senior Project Project Senior Deputy Project Survey Mapping Mapping Survey Project Manager Project Registered Land Project Engineer Project Engineering Team Team Engineering Construction Mgmt. Two -Person Survey Survey Two -Person Administrative Asst. Administrative Construction Inspector

Hourly Rates $175.00 $150.00 $145.00 $135.00 $90.00 $75.00 $150.00 $150.00 $85.00 $148.00 $131.00 $170.00 $96.00 $128.00 $108.00 Task Cost Per Total Total Hours Per Task HoursTotal Per P. 2-Person M. Rotar M. Burke M. Johnson B. Egeberg M. Haller J. Wilbanks C. Kees C. Keil G. Moore K. Gauthier A. Windels B. Rinfret Druyvestein Crew Task Number 1 Review and Assessment of Existing Conditions/Documents 1922000232020000000 86$11,925 A. Review of Existing Information and Documents 2400002 4 6 0 00000 18$ 2,360.00 Review Access Site Selection Criteria 12 1 2 2 8$ 1,095.00 Review Existing Access Design Plans and Reports 12 1 2 4 10$ 1,265.00 B. Field Observations and Assessment of Existing Conditions 118000001012000000 41$ 5,645.00 Field Assessment (on-foot) 10 6 10 10 36$ 5,000.00 Field data documentation 12 2 5$ 645.00 C. Tech. Memo. Summarizing Changes to Acess Sites (if any) 2600021 2 2 0 00000 15$ 2,020.00 Tech. Memo. production 26 21 2 2 15$ 2,020.00 D. Meetings 4400000 4 0 0 00000 12$ 1,900.00 Kickoff Meeting 22 2 6$ 950.00 Site Selection Criteria Meeting 22 2 6$ 950.00 2 Stakeholder Meetings/Interaction and Public Involvement 1116000011212000000 52 $7,295 A. Stakeholder Meetings 8800000 8 0 0 00000 24$ 3,800.00 Attend Community Stakeholder Group meetings 4 2 6$ 900.00 Attend Recreation Stakeholder Group Meetings 4 2 6$ 900.00 Attend Technical Stakeholder Group Meetings 4 2 6$ 1,000.00 Attend Transportation Stakeholder Group Meetings 4 2 6$ 1,000.00 B. Public Open Houses 3800001 412000000 28$ 3,495.00 Public Open House 1 0-$ Public Open House 2 3 8 1 4 12 28$ 3,495.00 3 Develop Site Restoration Plans and Prescriptive Treatments 20 18 6 44 88 4 12 44 70 0 0 20 32 8 0 366 $43,076 A. Site Restoration Prescriptive Treatments 8 6 4 36 48 4 8 20 40 0 0 0 0 0 0 174$ 19,960.00 Identify Site Restoration Prescriptions (up to 6 prescriptions) 4 2 4 4 8 22$ 3,340.00 Develop Typical Drawings & Narratives for Prescriptive Treatments 4 4 4 32 48 4 4 12 40 152$ 16,620.00 B. Site Restoration Designs 44284004163000203280 168$ 19,316.00 Develop Conceptual-designs (30%) for new restoration locations 442840 41630 108$ 11,820.00 ALLOWANCE: Field Surveying & Mapping 20 32 8 60$ 7,496.00 (assumes 20 field hours as needed) C. Review Meetings 8800000 8 0 0 00000 24$ 3,800.00 Review meetings with Parks at 30, 60, and 90% completion stages 8 8 8 24$ 3,800.00 (review at 30% completion only for full restoration designs) 0-$ 4 River Access & Restoration Design Development (thru 60%) 34 10 8 58 108 0 10 46 80 12 8 0 0 0 0 374 $44,184 A. Conceptual-level designs (30%) 12 6 2 16 32 0 4 20 40 0 8 0 0 0 0 140$ 16,378.00 Develop conceptual-level (30%) designs for new access locations 8 4 2 16 32 4 16 40 8 130$ 14,778.00 Attend conceptual design review mtg. for new and previous sites 42 4 10$ 1,600.00 B. 60% Design Development 22 4 6 42 76 0 6 26 40 12 0 0 0 0 0 234$ 27,806.00 Address 30% comments and advance access designs to 60% 16 4 4 24 60 6 20 40 174$ 19,920.00 ALLOWANCE: Complete geotechnical investigations, as needed $12,000 0-$ Coordinate utility relocation plans (as necessary) 8 12 20$ 2,856.00 Coordination with City Public Works & Mobility staff and Parks 4 4$ 540.00 Complete engineer's opinion of probable construction costs 2 2 2 16 2 24$ 2,650.00 Attend 60% design review meeting with Parks 4 4 4 12$ 1,840.00 5 River Access & Restoration Design Development (thru 90%) 1824549406263612120000 264$30,988 A. 90% Design Development 18 2 4 54 94 0 6 26 36 12 12 0 0 0 0 264$ 30,988.00 Address 60% comments and advance access designs to 90% 12 2 4 40 80 6 20 36 12 212$ 24,112.00 Finalize utility relocation plans (as necessary) 44 12 20$ 2,676.00 Coordination with City Public Works & Mobility staff and Parks 2 2$ 270.00 Update/advance engineer's opinion of probable construction costs 2 4 10 2 18$ 2,090.00 Attend 90% design review meeting with Parks 4 4 4 12$ 1,840.00 6 River Access & Restoration, Final Design (100%) Const. Docs. 8243072041832000000 170$ 18,830.00 A. Final Design (100%) Construction Documents 8 2 4 30 72 0 4 18 32 0 0 0 0 0 0 170$ 18,830.00 Address 90% comments and advance access designs to 100% 6 2 4 24 60 4 16 32 148$ 16,290.00 Coordination with City Public Works & Mobility staff and Parks 2 2$ 270.00 Update/advance engineer's opinion of probable construction costs 2 4 12 2 20$ 2,270.00 7 Permitting 160448124226 0 400000 206 $22,962 A. Complete/submit project permit applications 16 0 4 48 124 2 2 6 0 4 0 0 0 0 0 206$ 22,962.00 Joint Application Permits 62432222 68$ 7,920.00 Floodplain Permit, No-Rise Hydraulic Analysis 440 44$ 4,180.00 Utility Plan Submittal 24824 20Page$ 2,502.00 25 of 92 Section 408 Authorization 412202 38$ 4,420.00 Storm Water Permit (Erosion Control & Storm Water Mgmt. Site Plans) 4824 36$ 3,940.00 Project: Clark Fork River Restoration and Access PROJECT TEAM STAFF Client: City of Missoula Parks & Recreation Dept. RESPEC Field Studio DJ&A SUB. (TBD)

Total Hours by Personnel 150 70 30 250 520 10 40 180 260 32 48 60 40 24 180 Total Labor Cost by Personnel $26,250 $10,500 $4,350 $33,750 $46,800 $750 $6,000 $27,000 $22,100 $4,736 $6,288 $10,200 $3,840 $3,072 $19,440 Total Hours by Company 1030 480 384 Total Labor Cost by Company $122,400 $55,100 $47,576 $12,000

Other Direct Costs Units Rate Units Rate Units Rate Mileage 2400 $0.56 1800 $0.56 100 $0.56 Per Diem - Meals 10 $61.00 8 $61.00 Survey: GPS Unit (hour) 40 $24.50 Survey: Laser Scanner (hour) 20 $98.00 Const. Inspection: electronic auto level 20 $5.00 Const. Inspection: nuclear densometer 40 $16.00 Misc. materials (survey stakes, printing, etc.) 1 $500.00 1 $750.00 1 $100.00 ODC Subtotals $2,454 $2,246 $3,836 $8,536

SUMMARY - Inclusive of all Tasks, including Contractor Procurement & Construction Management (Task 8) Total Labor Hours 1630 Total Labor Cost $217,580.00 Other Direct Costs $8,536.00 Surveying Allowance (Line 36) $7,500.00 Geotechnical Investigation Allowance (Line 46) $12,000.00 Total Estimate $245,616.00

SUMMARY - Excluding Contractor Procurement & Construction Management (Task 8) Total Labor Hours 1254 Total Labor Cost $171,764.00 Other Direct Costs $6,816.00 Surveying Allowance (Line 36) $7,500.00 Geotechnical Investigation Allowance (Line 46) $12,000.00 Total Estimate $198,080.00

Page 26 of 92 Clark Fork River Restoration and Access

Approve the professional services contract with RESPEC Company, LLC in the amount not-to-exceed $245,616Page 27 of 92 Background and History

For most of the 19th and 20 centuries, the Clark Fork was a working river, supporting industry, transportation, agriculture, and mining, all of which left their mark on the river. With the removal of Milltown Dam, cleanup of mining wastes, and dramatic improvements in water quality, the Clark Fork has undergone a renaissance.

Page 28 of 92 River Recreation

After many years of neglecting the Clark Fork, Missoula has turned to face the river, which to residents and visitors alike is now considered one of our community’s greatest assets.

In 2018 surveyors counted an average of 58 floaters per hour at the Madison Street Footbridge

Page 29 of 92 Bank Erosion

Out of the city’s newfound love of the river, a new potential threat has emerged. A dramatic increase in recreational use of the river, particularly through the urban stretch in Missoula, has created significant erosion problems.

Page 30 of 92 Building On Past Progress

A community river‐visioning process was launched in 2014 with participation from multiple agencies and stakeholders, all of which agreed that river access and streambank health were at the forefront of community and environmental issues to be addressed.

In fall 2015, the City of Missoula, Water Quality Department, and Clark Fork River Coalition secured funding and hired RESPEC to evaluate and categorize riverbank and riparian conditions along the south bank of the Clark Fork River though downtown Missoula.

Page 31 of 92 Page 32 of 92 Building On Past Progress

Conceptual‐level river access and restoration treatments were completed in 2016 for 34 identified sites

Expanding the project area to include the north bank of the river, design concepts from The North Riverside Parks and Trails Master Plan will be included.

Page 33 of 92 Building On Past Progress

Planning documents included bank stabilization and habitat restoration concepts for many locations within the project area.

Page 34 of 92 Toole Park River Access Concept Page 35 of 92 Caras Park River Access Concept (From North Riverside Parks and Trails Plan)Page 36 of 92 Moving Forward

Following a Request for Qualifications (FRQ) the RESPEC team was selected as the most qualified team to take the conceptual plans created in 2016 and develop the designs into a 100% bid ready, permitted project.

Page 37 of 92 Project Goals

1. Inventory and monitor river bank erosion and identify user made access locations along the river 2. Create/Affirm the site selection criteria for river bank restoration and/or access enhancements that was developed in 2015 3. Design and construct an intuitive system of walk-in river access points for a variety of river users which encourage responsible recreation and promote the health and aesthetics of the Clark Fork river 4. Design and implement a restoration program to sustainably restore impacted river bank locations throughout the project area, and potentially beyond

Page 38 of 92 Project Funding

The 2018 Missoula County Open Space Bond was approved by Missoula County residents during the November 2018 General Election. The bond measure included up to $1.5million for development of sustainable river access and riparian restoration along the Clark Fork River within the Open Space planning boundaries.

$225,000 was allocated for Phase 1 of the Clark Fork River Restoration and Access to develop construction ready and permitted designs.

The remaining bond funds will be leveraged for other potential funding sources and will be used for project construction.

Page 39 of 92 Project Funding

Clark Fork River Restoration and Access Professional Services Contract Details

Design and engineering fees not to exceed: $198,080 Construction Administration and project Bidding in an amount not to exceed: $47,536 (optional)

Total Contract Not to Exceed Amount: $245,616

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PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made and entered into this _____ day of _____, 20__, by and between the CITY OF MISSOULA, MONTANA, a municipal corporation organized and existing under the laws of the State of Montana, 435 Ryman St., Missoula, MT 59802, referred to here as “City,” and RESPEC Company, LLC, 815 E. Front St. Suite 3 Missoula, MT 59802, hereinafter referred to as “Consultant.”

RECITALS

WHEREAS, the City desires to utilize Consultant to furnish independent design and engineering services in connection with the Clark Fork River Restoration and Access Project; and

WHEREAS, Consultant has represented to the City that Consultant has the necessary expertise to furnish said services and has available to Consultant the necessary staff and resources to perform the independent services in a timely manner consistent with the nature of the project.

NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows:

1. Purpose: City desires to have Consultant perform professional services in the design and engineering of the Clark Fork River Restoration and Access.

2. Effective Date and Term: This Agreement is effective upon the date of its execution by both parties and will terminate on the 31 day of December, 2022, or upon 30 days’ notice by the City to Consultant of its desire to terminate the Agreement by giving such notice to Consultant’s designated liaison identified below. The Term of this Agreement may be extended by mutual agreement of the parties by executing an amendment to this Agreement in writing.

3. Scope of Work:

a. Consultant will perform the work and provide the services in accordance with the requirements of the Scope of Services attached here to as Exhibit A; and

b. If authorized in writing as provided in this subsection, Consultant shall also furnish additional services. To the extent additional services have been identified at the time of executing this Agreement, they are itemized in Exhibit A and will be paid for by City as indicated in Section 4. As further additional services are requested of Consultant, this Agreement may be modified and subject to mutual consent by execution of an addendum by authorized representatives of both parties, setting forth the additional scope of services, their performance time schedule, and the compensation for such services.

4. Payment:

a. City agrees to pay Consultant an amount not to exceed Two Hundred Forty-Five Thousand Six Hundred Sixteen Dollars and Zero Cents ($245,616.00) for services outlined

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in Exhibit A in accordance with the terms and conditions laid out in Exhibit B – Compensation, and Consultant shall be compensated for additional services authorized pursuant to Section 3.b. above, which have not been identified at the time of executing this Agreement as more particularly described in a fully approved and executed addendum to this Agreement. Payment for work beyond that described in Exhibit A or as contained in a fully approved and executed addendum to this Agreement is expressly denied without prior written authorization from City. Such authorization must include signature of the Mayor.

b. Consultant shall submit monthly statements for basic and additional services rendered. City shall pay Consultant within 30 days of receipt of an itemized invoice for the services rendered or shall notify Consultant of any dispute by City concerning the performance of any services and the basis therefore and shall pay Consultant within thirty days for the services not in dispute. If any items are disputed by City, Consultant and representatives of City shall meet and confer regarding the disputed items within ten business days after City notifies Consultant of the services in dispute. City shall pay for any disputed services for which the dispute has been resolved to the satisfaction of the City within thirty days after such resolution.

5. Independent Contractor Status: The parties agree that Consultant, is an independent contractor for purposes of this agreement and the parties agree that Consultant is and shall be an independent contractor when performing services pursuant to this agreement. Consultant is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Consultant is not authorized to represent the City or otherwise bind the City in any dealings between Consultant and any third parties.

Consultant shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Consultant shall maintain workers’ compensation coverage for all members and employees of Consultant’s business, except for those members who are exempted by law.

Consultant shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors.

6. Indemnity and Insurance: For other than professional services rendered, to the fullest extent permitted by law, Consultant agrees to defend, indemnify, and hold the City harmless against claims, demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the City by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Consultant or Consultant’s agents or employees.

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For the professional services rendered, to the fullest extent permitted by law, Consultant agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the Consultant or Consultant’s agents or employees.

For this purpose, Consultant shall provide City with proof of Consultant’s liability insurance issued by a reliable company or companies for personal injury and property damage in amounts not less than as follows:

• Workers’ Compensation—statutory • Commercial General Liability—$1,000,000 per occurrence; $2,000,000 annual aggregate • Automobile Liability—$1,000,000 property damage/bodily injury; $2,000,000 annual aggregate • Professional Errors and Omissions Liability—$1,000,000 per claim; $2,000,000 annual aggregate

City shall be included or named as an additional or named insured on the Commercial General and Automobile Liability policies. The insurance must be in a form suitable to City.

7. Professional Service: Consultant agrees that all services and work performed under this agreement will be accomplished in a professional manner, in accordance with the accepted standards of Consultant’s profession.

8. Compliance with Laws: Consultant agrees to comply with all federal, state and local laws, ordinances, rules and regulations.

9. Nondiscrimination and Affirmative Action: Consultant agrees and shall comply with the following Non-Discrimination and Affirmative Action policies:

NON-DISCRIMINATION. All hiring shall be on the basis of merit and qualification and there shall be no discrimination in employment on the basis of race, ancestry, color, physical or mental disability, religion, national origin, sex, age, marital or familial status, creed, ex- offender status, physical condition, political belief, public assistance status, sexual orientation, or gender identity/expression, except where these criteria are reasonable bona fide occupational qualifications.

AFFIRMATIVE ACTION POLICY. Contractors, subcontractors, sub grantees, and other firms doing business with the City of Missoula must be in compliance with the City of Missoula’s Affirmative Action Plan, and Title 49 Montana Codes Annotated, entitled “Human Rights” or forfeit the right to continue such business dealings.

The City’s Affirmative Action Policy Statement is:

The Mayor of the City of Missoula or the Mayor’s designee may adopt an affirmative action plan to provide all persons equal opportunity for employment without regard to race, ancestry,

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color, handicap, religion, creed, national origin, sex, age, sexual orientation, gender identity or expression, or marital status. In keeping with this commitment, we are assigning to all department heads and their staff the responsibility to actively facilitate equal employment opportunity for all present employees, applicants, and trainees. This responsibility shall include assurance that employment decisions are based on furthering the principle of equal employment opportunity by imposing only valid requirements for employment and assuring that all human resource actions are administered on the basis of job necessity.

Specific responsibility for developing, implementing, monitoring and reporting are assigned to the City Personnel staff under the supervision and direction of the Chief Administrative Officer and the Mayor.

It is the policy of the City of Missoula to eliminate any practice or procedure that discriminates illegally or has an adverse impact on an “affected” class. Equal opportunity shall be provided for all City employees during their terms of employment. All applicants for City employment shall be employed on the basis of their qualifications and abilities.

The City of Missoula, where practical, shall utilize minority owned enterprises and shall ensure that subcontractors and vendors comply with this policy. Failure of subcontractors and vendors to comply with this policy statement shall jeopardize initial, continued, or renewed funds.

Our commitment is intended to promote equal opportunity in all employment practices and provide a positive program of affirmative action for the City of Missoula, its employees, program participants, trainees and applicants.

10. Default and Termination: If either party fails to comply with any condition of this agreement at the time or in the manner provided for, the other party, at its option, may terminate this agreement and be released from all obligations if the default is not cured within ten (10) days after written notice is provided to the defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party may bring suit for damages, specific performance, and any other remedy provided by law. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand- delivered or mailed to the parties at the addresses set forth in the first paragraph of this agreement.

11. Modification and Assignability: This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party, which are not contained in this written agreement, may be considered valid or binding. This agreement may not be enlarged, modified or altered except by written amendment signed by both parties hereto. The Consultant may not subcontract or assign Consultant’s rights, including the right to compensation or duties arising under this agreement, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this agreement.

12. Ownership and Publication of Materials: All reports, information, data, and other materials prepared by the Consultant pursuant to this agreement are the property of the City. The

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City has the exclusive and unrestricted authority to release, publish or otherwise use, in whole or part, information relating thereto. Any re-use without written verification or adaptation by the Consultant for the specific purpose intended will be at the City’s sole risk and without liability or legal exposure to the Consultant. No material produced in whole or in part under this agreement may be copyrighted or patented in the United States or in any other country without the prior written approval of the City.

13. Liaison: designated liaison with Consultant is Michael Rotar, and Consultant’s designated liaison with City is Nathan McLeod.

14. Previous Agreements: This Agreement constitutes the entire understanding of the parties and is intended as a final expression of their agreement and a complete statement of the terms thereof. There are no promises, terms, conditions, or obligations, other than contained herein. This Agreement shall supersede all previous communications, representations, or agreements, either oral or written, between the parties.

15. Applicability: This agreement and any extensions of it shall be governed and construed in accordance with the laws of the State of Montana.

WITNESS, the parties here have executed this instrument the day and year first above written.

CONSULTANT: CITY: RESPEC COMPANY, LLC City of Missoula, Montana

______XXX John Engen XXX.

ATTEST BY CITY CLERK: APPROVED AS TO FORM:

______Martha L. Rehbein, CMC, City Clerk Jim Nugent, City Attorney

(SEAL)

5 Page 45 of 92

RESOLUTION ------

A resolution of the Missoula City Council approving expenditures of up to $775,000 of 2018 Open Space Bond proceeds for the Clark Fork River Sustainable Access and Restoration Project, Open Space Reforestation Project, and Missoula Conservation Lands Trailhead Improvement Projects, as detailed in Exhibit A attached hereto.

Whereas, on June 25, 2018, the Missoula City Council passed Resolution 8276 in support of the Missoula County Commissioners placing the question of a county-wide open space general obligation bond before the voters in the 2018 general election;

Whereas, on July 9, 2018, The Missoula County Commissioners passed Resolution 2018-111 submitting to the electors of Missoula County the question of issuing general obligation bonds in the amount of up to fifteen million dollars ($15,000,000) for the purposes of conserving, enjoying, and enhancing the open-space lands in Missoula County;

Whereas, in November 2018, 63% of Missoula County voters approved the Open Space Bond measure, which authorizes the Missoula County Commissioners to use the bond monies for the purposes of “conserving, enjoying, and enhancing open-space land, to include providing public access to water and land; conserving agricultural lands, fish and wildlife habitat, and rivers, lakes, and streams; protecting scenic views; and making improvements to lands acquired or designated as open space that are accessible to the public”, with $7,500,000 of the $15,000,000 total bond being allocated to the City of Missoula within the Missoula Planning Region, as guided by the Open Space Plan:

Whereas, the Open Space Bond ballot measure authorizes the County Commissioners of Missoula County to sell and issue general obligation bonds “to pay the costs of purchasing land, easements, or other interests in land from willing landowners and of improvements and costs related to or serving lands acquired or designated as open space, including transaction and project costs and fees, all with citizen input”;

Whereas, the 2018 Missoula County Open Space Bond measure suggested up to $1.5 million for Clark Fork River restoration and access within the Open Space planning boundaries, up to $250,000 for reforestation on designated open-space lands, and up to $.5 million for improving trails and trailheads across Missoula’s Open Space and Conservation Lands System;

Whereas, the pending 2019 Interlocal Agreement between the City of Missoula and the County of Missoula related to use of 2018 Open Space Bond proceeds will provide guidance on City use of open space funds;

Whereas, Chapter 12.56 of the Missoula Municipal Code, which generally governs open space, dictates that the City “may expend open space bond funds to restore and make improvements to open space lands to ensure they continue to serve the public purposes for which they were protected” so long as the proposed improvements meet the requirements of Montana Code Annotated 76-6-101, et seq., otherwise known as the “Montana Open-Space Land and Voluntary Conservation Easement Act” (MMC 12.56.045);

Whereas, the City and County have recently conducted significant public outreach through open houses, focus groups, and a statistically valid public opinion survey on Parks, Recreation, Open Space, and Trails, and the results indicate strong support among residents for protecting natural resources such as water and air quality, habitat, and providing river access, natural areas to recreate in, and dirt and paved trails, as well as maintenance, enhancement, and stewardship of existing open space lands;

Whereas, public open spaces, trails and parks are community assets that promote social equity and are available to all citizens regardless of race, color, national origin, ancestry, religion, creed, sex, age, marital or familial status, physical or mental disability, sexual orientation, gender identity or gender expression;

Whereas, trees on lands designated as open-space provide significant environmental and natural resources benefits, climate resiliency, improved air and water quality and other ecosystem benefits, thereby enhancing our quality of open space and community life; 1

Page 46 of 92

Whereas, quality trails and trailheads provide education, stewardship, and protection of important resources while also providing significant benefits of health and welfare, reduction of congestion, , and access for all;

Whereas, conservation lands are generally managed as natural areas, including riparian corridors along creeks and rivers, wetlands, grasslands, open or wooded hillsides, but both large and small scale conservation lands provide for relief from the urban environment, nature connectedness, active outdoor recreation, as well as opportunity for contemplation;

Whereas, it is recognized that the provision and preservation of these important open-space lands require repairs, replacement, renovation, and stewardship to maximize the potential and value to the community and to assure goals of the Open Space Act are met;

Whereas, conservation lands, natural areas and parklands require restoration, stewardship and improvements to ensure they remain a valuable asset to be enjoyed by all citizens;

Whereas, the City, following extensive public process, has adopted numerous plans which support the benefits of a variety of open-space land types, including the 2004 Master Parks and Recreation Plan for the Greater Missoula Area, the 2016 Long Range and Active Transportation Plans, the 2015 Urban Forest Management Plan, the 2010 Conservation Lands Management Plan, the 2014 Parks/Open Space/Trails Asset Management Plan and the 2019 Open Space Plan ;

Whereas, the City has identified through the aforementioned adopted plans, the need to address not only protection of open-space lands, but also the long term stewardship of these open space lands;

Whereas, these projects will carry out the purposes of the 2018 Open Space Bond by providing access to water and land, conserving fish and wildlife habitat and rivers, and making improvements to lands acquired or designated as open space that are accessible to the public;

Whereas, the $775,000 in requested Open Space Bond proceeds are leveraged at a ratio of nearly one to one with $752,900 in matching funds as follows: Clark Fork River Sustainable Access and Restoration Project - $225,000 request with $25,000 in matching funds; Open Space Reforestation Project - $250,000 request with $159,700 in matching funds; and Missoula Conservation Lands Trailhead Improvement Projects - $300,000 request with $568,200 in matching funds;

Whereas, the projects received a unanimous recommendation for approval from the Missoula Parks and Recreation Board for funding up to $775,000 at its meeting on October 8, 2019;

Whereas, the projects received a unanimous recommendation for approval from the City’s Open Space Advisory Committee (OSAC) for funding up to $775,000 at its meeting on October 10, 2019;

Now therefore, be it resolved that the Missoula City Council hereby approves 2018 Open Space Bond expenditures of up to: 1) $225,000 for the Clark Fork River Sustainable Access and Restoration Project; 2) $250,000 for the Open Space Reforestation Project; and 3) $300,000 for the Missoula Conservation Lands Trailhead Improvement Projects;

Now therefore, be it further resolved that the Missoula City Council hereby approves the expenditure of up to $775,000 of 2018 Open Space Bond proceeds for the Clark Fork River Sustainable Access and Restoration Project, Open Space Reforestation Project, and Missoula Conservation Lands Trailhead Improvement Projects.

PASSED AND ADOPTED this ___ day of November, 2019.

ATTEST: APPROVED:

______Martha L. Rehbein John Engen Legislative Services Director/City Clerk Mayor

Page 47 of 92

(SEAL)

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City of Missoula, Montana Item to be Referred to City Council Committee

Committee: Parks and Conservation

Item: Missoula City Cemetery Strategic Plan

Date: February 24, 2021

Sponsor(s): Jeremy Keene

Prepared by: Ashley Strayer

Ward(s) Affected: ☐ Ward 1 ☐ Ward 4 ☐ Ward 2 ☐ Ward 5 ☐ Ward 3 ☐ Ward 6

☒ All Wards ☐ N/A

Action Required: Approve the Cemetery Strategic Plan

Recommended Motion(s): I move the City Council: Adopt the Missoula City Cemetery Strategic Plan of the Missoula City Council to provide guidance in implementing infrastructure and improvements that will enhance the operations and maintenance of the City Cemetery.

Timeline: Referral to committee: March 1, 2021 Committee discussion: March 3, 2021 Council action (or sets hearing): March 8, 2021 Public Hearing: N/A Deadline: N/A

Background and Alternatives Explored: The Missoula City Cemetery worked with LF Sloan Group to develop a Strategic Plan to guide future Cemetery operations and infrastructure improvements. The Cemetery Board approved this plan on February 18, 2021.

The purpose of this plan is to provide strategic guidance for operation of the Missoula City Cemetery, which is not only an important historic resource, but a tremendous community greenspace and active cemetery as well. The analysis was driven by many factors, but none more than the valuable context received from interviews with lot owners, dedicated Cemetery and City Staff, local funeral industry professionals and through meetings with the Cemetery Board. LF Sloan Group came away impressed with the Cemetery operation and the important role the Cemetery plays in the community. With many cemeteries currently at an inflection point, the intent of this plan is to provide actionable steps to ensure the Missoula City Cemetery remains relevant and sustainable for generations to come.

Financial Implications: Adoption of the strategic plan does not commit financial resources, but does provide guidance and direction for future budget requests.

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Missoula City Cemetery Strategic Plan

Missoula, Montana

January, 2021

Page 50 of 92 Table of Contents

1. Introduction a. Purpose b. Headwinds 2. Market Analysis a. Demographics b. Mortality and Disposition Analysis 3. Financial Overview 4. Land Analysis a. Land Reserve Analysis b. Surplus Land Evaluation c. Land Development Proceeds 5. Infrastructure a. Fencing b. Structures c. Irrigation d. Roads e. Above-Ground Burial Structures f. Crematory g. Historical Signage h. Pet Program i. Annual Maintenance 6. Marketing a. Relevancy b. Prices 7. Products and Services a. Cremation Burial Options b. Prepaid Services and Memorials c. Markers and Monuments d. Engraving 8. Governance a. Ordinance 3594 9. Sustainability a. Budget Review

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Page 51 of 92 1. Introduction

Purpose

The purpose of this report is to provide a strategic plan for the short- and medium-term operation of the Missoula City Cemetery, which is not only an important historic resource, but a tremendous community greenspace and active cemetery as well. Our analysis was driven by many factors, but none more than the valuable context that we received from interviews with lot owners, dedicated Cemetery and City Staff, local funeral industry professionals and through meetings with the Cemetery Board. We came away impressed with the Cemetery operation and the important role the Cemetery plays in the community. With many cemeteries currently at an inflection point, it is our hope that this review will provide actionable steps to ensure the Missoula City Cemetery remains relevant and sustainable for generations to come.

Headwinds

The cemetery industry across the United States is facing significant headwinds. From for-profit cemetery companies to religiously affiliated cemeteries to municipal cemeteries, all must contend with a marketplace that has fundamentally changed over the past 50 years. In 1970 the cremation rate in the United States was under 5%, in 2019 it was almost 55%. This trend is further magnified in the state of Montana which has the fifth highest cremation rate in the country at over 75%.

(Cremation Association of North America)

While cemeteries can still be important for those who choose cremation, the National Funeral Directors Association estimates that only 37% of people who select cremation elect to utilize a cemetery. In a state like Montana where less than 25% of people are selecting casket burial, that means almost 50% of the community is currently not considering a cemetery as a key step in the end of life process. These trends fundamentally alter the role of the Missoula City Cemetery.

There are also less obvious headwinds that have made it more difficult for cemeteries to operate in the manner they have historically. The rise in mobility, both in retirement and for younger generations has made the ‘family plot’ a less relevant concept in contemporary society. The fractured family has only

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Page 52 of 92 further diluted and complicated this concept. Increased longevity and extended illnesses have altered the bereavement process for many families, and increasingly funerals are seen as less significant to family members.

All of these headwinds must be considered as the community in Missoula envisions what their Cemetery can mean for future generations. While it is not practical to expect the Cemetery to remain and operate as it has for the first >100 years of its existence, the Cemetery needs to leverage its role as a community institution and strive to become and stay relevant to the community in a variety of ways.

In this report L.F. Sloane Consulting Group will lay out our recommendations to safeguard this incredible treasure and to make wise investments in its future. We will analyze the current conditions and make immediate term recommendation as well as making the case for divesting surplus land and looking for opportunities to widely use the proceeds from this action to benefit the Cemetery. Finally, we will look at how to expand the relevancy of the Cemetery through marketing, community engagement and Cemetery products.

As a firm that has consulted for cemeteries for over 39 years and actively manages nine historic cemeteries, we make each of our recommendations with an eye towards implementation, but more importantly to sustainable operations. We found the team at the City Cemetery to be very impassioned and well-equipped to help the site transition. The Cemetery staff, applicable city management, and the Cemetery Board of Trustees were all engaged in at each step within this process. While we recognize there will be differences of opinion within and amongst those stakeholders, we believe strongly that the following recommendations lay out the best course of action for the Cemetery.

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Page 53 of 92 2. Market Analysis

Demographics

Missoula County and the City of Missoula have experienced significant population growth over the last ten years, far outpacing the average in either the State of Montana or the United States as a whole. The population within the City of Missoula has a median age of 32.7 years, which is almost six years younger than the United States overall and only 12.5% of the population is over 65 years of age. The community is fairly homogenous and there are not large populations of ethnic groups that would characteristically elect to include a cemetery within the end of life planning at high rates.

City of Missoula Montana United States Missoula County 2019 Population 75,516 119,600 1,068,778 328,239,523 2010 Population 67,358 109,296 989,407 308,758,105 Growth 12.1% 9.4% 8.0% 6.3%

Population 65+ 12.50% 16.20% 19.30% 16.50%

White 88.60% 89.10% 85.90% 60.10% Hispanic or Latino 3.40% 3.40% 4.10% 18.50% Black 0.60% 0.50% 0.60% 13.40% Asian 1.90% 1.80% 0.90% 5.90% (QuickFacts, U.S. Census Bureau)

Mortality and Disposition Analysis

As the population of Montana has increased so have the number of deaths since 2009. From the Cemetery’s perspective, this rise has been offset by the continued growth of the cremation rate throughout the state. The chart below illustrates this rise, which also can be seen in Missoula County where in 2009 there were 750 deaths, increasing to 891 deaths in 2018.

Montana Mortality Trends 11,000 80.0% 78.0% 10,500 76.0% 10,000 74.0% 72.0% 9,500 70.0% 68.0% 9,000 66.0% 8,500 64.0% 62.0% 8,000 60.0% 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018

Deaths Cremation Rate

(Montana Department of Public Health and Human Services)

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Page 54 of 92 In analyzing those 891 deaths, we estimated that 75% of those occurred within the extended service area of the Cemetery. Utilizing the statewide cremation rate, it is possible that as many as 507 cremations occurred in this area in 2018, yet the Cemetery only interred 28 cremated remains. This discrepancy also exists when looking at full-body burials; by the same measure, the Cemetery performed only 13 burials out of a potential 162 interments.

Service Area Estimated City Cemetery Actual Cremations Burials Cremations Burials 2009 365 198 33 26 2010 371 193 30 28 2011 409 190 47 27 2012 384 183 45 25 2013 427 189 34 35 2014 444 185 34 22 2015 472 189 32 23 2016 516 185 29 26 2017 518 164 43 20 2018 507 162 28 13

Over the past ten years the Cemetery has captured roughly 8% of the cremation market and 13% of those who select full-body burial. There are many factors that contribute to this low rate, including the competitive marketplace which features both a strong state veteran cemetery and a catholic cemetery, which each capture specific market segments. There is also a for-profit cemetery with a co-located funeral home which competes for a share of the market. Additionally, in a state like Montana there are many final resting places which are desirable for those who select cremation; from scattering remains on a mountain or in a favorite river to simply keeping those remains in the family home, the cremation market offers many options outside the cemetery grounds.

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Page 55 of 92 3. Financial Overview

Over the past 11 years the Cemetery’s revenue has increased by over 70%. This is a very encouraging trend and a testament to the day-to-day management of the Cemetery by the staff and the long-term strategy of the Board. As can be seen in the graph below, the rise in revenue can primarily be attributed to additional cremation and merchandise sales (principally memorial fees and floral sales). This is in keeping with expectations as the marketplace is increasingly selecting cremation. Providing varied options for this growing market segment is key to the Cemetery’s long-term viability.

Cemetery Revenue FY 2009 - 2019 $140,000.00

$120,000.00

$100,000.00

$80,000.00

$60,000.00

$40,000.00

$20,000.00

$- 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019

Full-Body Burial Cremation Burial Merchandise Total Revenue

The challenge for the Cemetery is that while revenues have increased over the past 11 years, they have fallen far short of expenses. In fiscal years 2018 and 2019 the Cemetery’s average revenue was $115,146, while average annual expenses were $620,785. This is a shortfall of more than $500,000 that is paid by the taxpayers.

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Page 56 of 92 2018 2019 Full-Body Burial $ 35,100 $ 37,200

Cremation Burial $ 41,850 $ 49,300

Merchandise $ 20,560 $ 25,693 Additonal Revenue $ 8,691 $ 11,899

Total Revenue $ 106,201 $ 124,092

Personnel $ 506,844 $ 519,329 Supplies $ 70,175 $ 72,861

Services $ 27,977 $ 30,150 Miscellaneous $ 5,640 $ 8,592

Total Expenses $ 610,637 $ 630,933

Total Profit $ (504,436) $ (506,840)

These operating losses are common amongst municipal cemeteries throughout the United States. While some of this shortfall is by design, as pricing is kept artificially low to provide a public service, maintaining a historic Cemetery is an expensive proposition. Yet the reality is that Cemetery management is not a core competency of most cities. While the Missoula City Cemetery has operated for generations and is an important community institution, it made up 0.37% of the city’s budget in fiscal year 2019. In the coming sections we will make recommendations that look to reduce this shortfall in the future, including expense reduction, although the City of Missoula must be prepared to allocate a subsidy to the Cemetery for years to come.

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Page 57 of 92 4. Land Analysis

When the Cemetery was formed through Original Cemetery Sections a land deal with the railroad in 1884, fourteen acres were purchased to develop the original sections. This triangular area was located directly across the street now known as Cemetery Road, from the railroad tracks. In the years between 1900 and 1960 the Cemetery Board made land purchases to further expand the Cemetery to its current 80 acres.

Of this 80-acre parcel, roughly 30 acres are currently being used for multiple purposes including as a buffer from a potentially encroaching residential development, composting, equipment storage and in partnership with the Public Works Street Division for storage of equipment and materials (the green shaded area in the map below). The other 50 acres have been developed and plotted for burial. Note that this acreage includes setbacks, roads, sections and buildings (blue shaded area).

Developed (Blue) and Undeveloped (Green) Areas of the Cemetery

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Page 58 of 92 The single most impactful decision facing the Cemetery is what should be done with the currently undeveloped land. This decision is multifaceted, with a wide range of stakeholders including the Missoula Redevelopment Agency (MRA) which put forth a plan for this part of the City. While we diligently attempted to take in all the viewpoints on this area, we recognize that this topic engenders significant disagreement. It is our goal with this section of the report to first determine if there is a Cemetery ‘need’ for this land by doing a Land Reserve Analysis. Second, we examine the land that is considered ‘surplus’ by this analysis and how the sale of that land could impact the operation, aesthetics and the overall feel of the Cemetery. Finally, we determine what land we would recommend divesting and how the proceeds from this sale could be additive to the Cemetery.

Land Reserve Analysis

The Cemetery has expanded multiple times over its 126-year history. From its original design with diagonal alleys to the current more structured block approach, the Cemetery has been continually transforming to meet the needs of the community. The latest version of this evolution was the plotting and development of the northeastern corner to the east of the main entrance drive. This area is now available for sales and burials and is still in its infancy as compared to the more mature sections west of the entrance road.

Most Recent Cemetery Development

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Page 59 of 92 In plotting this additional area, the Cemetery expanded its inventory to a total of 7,085 unsold graves. That inventory is further supplemented by standalone columbaria, which currently contain 357 unsold niches. These numbers were provided by the cemetery staff who have a rich history with the site and appear very accurate from our analysis.

Over the past ten years the Cemetery staff have made an average of 35.4 grave and 19.6 niche sales per year. This rate of absorbing inventory has been fairly consistent and while we would expect it to increase during the current pandemic, in our experience the level of consistency over a ten-year period is a good indicator of future sales. From a trending perspective we would expect greater absorption of cremation inventory overtime, however given the minimal footprint required for this product, we did not adjust the rates below.

Cemetery Sales and Reserve Calculation

Fiscal Year Graves Niches 2009 30 17 2010 41 27 2011 32 24 2012 62 10 2013 25 17 2014 26 7 2015 27 36 2016 41 26 2017 39 9 2018 31 23 Annual Average Sales 35.4 19.6 Current Unsold Inventory 7,085 315 Years of Inventory 200.1 16.1

Utilizing the absorption rate seen over the past ten years, the Cemetery should be able to make grave sales for a period of 200 years utilizing its currently plotted inventory. The Cemetery should be able to make niche sales for a period of 16 years. This analysis includes only the current developed area and excludes the undeveloped 30 acres which are used for multiple purposes today.

Cemeteries are a unique enterprise in that they have a seemingly unlimited time horizon. It is our approach when analyzing cemeteries that we do not want to plan for more than 20 years and project for more than 50 years. With 200 years of ground burial inventory and the capacity to install cremation inventory that would eclipse even that time horizon, it is extremely unlikely that additional land would be required for burial. This analysis can only lead us to conclude that the 30 acres of Cemetery land can be deemed ‘surplus’ and not required as a future burial area.

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Page 60 of 92 Surplus Land Evaluation

In spending time at the Cemetery, it is apparent that it has been developed with care and consideration of its surroundings. It is located in a unique and challenging environment with heavy industrial activity on two of its borders and yet standing in the center of the Cemetery you feel completely immersed in its tranquil nature. In our many years of helping cemeteries make decisions about what to do with undeveloped land, the feel for the place and the ability to maintain its character are central tenets that we encourage decisionmakers to carefully consider.

In this instance the 30 acres in question are located to the east and south of the most recently developed area. The area meanders from the entrance, around the commercial business to the south all the way to Shakespeare Street.

We believe that the City should retain two areas from within this surplus land. The first is the area (red on the map below) is now partially used for equipment storage and referred to as the bullpen. Importantly this area has the pump house which runs the irrigation system throughout the site; a building that would be costly and logistically difficult to replace. While it is our hope that the staff will be able to consolidate some of the equipment on-site and eventually move it closer to a screened central maintenance area, we recognize that some equipment may need to be stored in the northern portion of this area. Retaining it will have a dual purpose and provide greater flexibility for staff. Eventually this area could be used as part of the landscape buffer that should begin to be developed for the likely eventuality that residential development encroaches. We hope that fencing would not be necessary, as it would create a future liability in addition to a short-term cost.

Retained Areas from Surplus Land

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Page 61 of 92 The second area that we would recommend the Cemetery retaining is located to the east of the main entrance road and is currently being used for composting and historically for excess parking when hosting events (shown in purple on the map above). We recommend the Cemetery control its entrance by retaining the land immediately adjacent and across from the historic entrance. In the MRA North Reserve/Scott Street Master Plan finalized in 2016, there was a proposed road going from east to west through the residential development and terminating near the entrance of the Cemetery (see map below). We do not believe this is advisable, and by retaining this land the Cemetery could ensure that a cul-de-sac type development will not bring unwanted traffic through the site.

MRA North Reserve/Scott Street Master Plan Concept Map

This area would also be the ideal location for future development of a new cemetery office and maintenance facility. As will be discussed in the infrastructure section of the report, the current cemetery office is reported to be in poor condition. When the time comes for a replacement building, we would recommend siting a new building south of the current office. This would enable it to be the first building that is seen as you enter the grounds, it would be easily accessible on the wide entrance road, which also would not require development of any additional parking. To the east of the building would be an open area that would available for future development. As the maintenance buildings deteriorate over time, that area could be relocated. You also could look at partnering with other City agencies, to share equipment and or a maintenance facility.

With all of this said, the reality is this land is owned by the City. While the Cemetery Board choose wisely to invest in this area for a day just like this one, the final decision rests at a higher level. We hope that the City Government will remember that the Cemetery Board acquired these assets with the long-term health of the site in mind. If the City requires the whole of the surplus land to make the economics of the residential redevelopment work, they could elect to take all the land. However, it is our hope that the map below will serve as a guide for the future development and at least a portion of the funds from

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Page 62 of 92 this development will be allocated to the Cemetery. The green area on the map refers to the surplus land to be developed as primarily residential, which is estimated to be ~22 acres.

Development Area from Surplus Land

Summary of Recommendations: • Maintain the pump house and some vehicle storage area within the Cemetery o Begin planning a site landscape buffer • Maintain the area currently used for compost inside the Cemetery o Look at siting the new building on this land and potentially partnering with City Departments to build a shared maintenance facility

Land Development Proceeds

The Cemetery does not have a long-term care fund that can sustain it in perpetuity, and will therefore need to continue to be taxpayer-funded on an annual basis. While there are some modest funds allocated for capital projects, the land was seen by the Cemetery Board that acquired it as the mechanism to ensure future capital would be available. This was a wise investment and while we would recommend releasing this property for alternative development, we do so with the hope that that the property will yield resources to protect the Cemetery as an important community resource.

As the City analyzes this development opportunity, we hope the following projects can be funded to ensure the Cemetery has an opportunity to provide for the next generation: a decorative frontage fence and entry gate, privacy wall to the west, plantings on the north boundary, and dedicated funding for a

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Page 63 of 92 new building. We believe each of these projects will enhance the site and so we would prioritize them as funds become available as they have a range of costs. Based on our discussions with local vendors we would estimate the following costs, however it should be noted these are very general and we would recommend they be explored further with stakeholder input towards design and material selection.

• Decorative frontage fence and entry gate – $100,000 • Privacy wall to the west – $30,000 • Plantings on the north boundary – $10,000 • Dedicated funding for a new building – $720,000

If additional funds are available, we would recommend they be set aside or ideally invested to go towards the long-term care of the site.

In addition to functionality, the City should also consider the aesthetics of this development for the Cemetery. Although the new residential use will likely prove to be a softer background than the industrial operations on other sides, we still believe the Cemetery edge should be framed with a setback of green; a combination of low shrubs, evergreen trees and high canopy hardwood trees. These should prove to be an effective screen as well as additive to the cemetery’s collection of trees and plants.

Summary of Recommendations: • Set aside funds from the development of the surplus property to help the Cemetery fund capital projects o If funding is sufficient, invest in a decorative frontage fence and entry gate, privacy wall to the west, plantings on the north boundary, and a new building

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Page 64 of 92 5. Infrastructure

Cemeteries are made of core physical components that often require not only regular maintenance, but long-term capital costs to replace or repair. In this section of the report we examine these areas to determine the appropriate actions to ensure these key features can not only be maintained but enhanced.

Overall, we found that the grounds crew and management has done an excellent job of physically maintaining the site and allowing families and the community to have a beautiful greenspace. The older sections have ample trees and the memorials are generally in good repair. The new burial areas are more open and will mature over time, but have been well laid out.

Fencing

A core element of cemeteries that is often Frontage Fence undervalued is fencing. Fences are the first thing visitors see when they drive by the cemetery and in our experience, they have a much greater impact on the perception of site then one might expect. The Cemetery is currently fenced on all sides, and the frontage fence along Cemetery Road is the most visible part of the cemetery for most people. This fence spans roughly 1,651 feet and it and the Entry Grate are both chain link. While in fair condition this section of fencing is the first and potentially only impression that residents may have as they drive by the Cemetery. With all the headwinds facing cemeteries, the Cemetery must consider the value of making a more positive first impression.

We recommend the frontage fence be replaced with Entrance an ornamental fence and the entry be enhanced with pillars and new gates that would be in keeping with the original entrance (now seen when accessing the older sections). Ideally, the entrance would also be relocated as part of this process, to be closer to the street, but this would require some kind of land exchange with Hutton Precast, a neighbor to the Cemetery.

Alternatively, the frontage fence could be removed, opening the site up, although this was met with concern from some of the residents and staff

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Page 65 of 92 interviewed. In our last discussion with the Board, the idea of creating an ‘edge’ rather than a fence was broached which could be a good intermediate option. We would continue to encourage the Board to consider removing the fence as it will reduce a future cost and provide a welcoming image to the public. We have seen many cemeteries cautiously remove their fences in in a variety of communities from Flint, MI to Toledo, OH to Orlando, FL without experiencing the downsides often associated with this concept.

The fence on the west side, which spans roughly 695 West Fence feet of the property it is also of chain link construction and in good repair. This fence serves an important function as most of the major Cemetery roads lead towards this fence line and directly behind it is industrial activity. There is not sufficient space between the cemetery road and the fence to plant anything that would help further obscure the sightline. With that in mind, we would recommend this fence be replaced by a more substantial privacy fence to shield the Cemetery from the industrial uses adjacent.

There is also industrial activity on the north side of the Cemetery and a chain link fence present. The North Fence industrial activity on this side of the cemetery is seemingly less impactful as there is no road directly adjacent (although the activity is certainly noticeable). For those who have selected burial locations in this area we would recommend keeping the fence, but installing a dense planting between the hardwood trees that currently provide screening. This has been attempted on the western portion of this fence line and we hope by taking the lessons learned there, the staff could provide an effective solution along the remaining open areas.

The east side of the Cemetery today does not need a fence, however if the residential development moves forward this could be reevaluated. We would not recommend a fence as it would present a future liability, but this decision should be made after better understanding any future development.

In discussing fencing cost with a local vendor, we were told the cost to replace the frontage fence and the entrance gate, as well as to install ornamental pillars would be roughly $100,000. The privacy fence cost can be highly variable based on material selections, however in our discussion with local vendors it was estimated at upwards of $30,000. It is unclear if the Cemetery’s western neighbor would be willing to participate in cost share if the west fence was replaced, but this should be investigated.

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Page 66 of 92 Summary of Recommendations: • Replace the frontage fence on Cemetery Road with an ornamental fence, a softer ‘edge’, or remove it completely • Replace the entrance with ornamental fence and gate and pillars • Remove the western fence with a more substantial privacy fence o Discuss cost sharing with western industrial neighbor • Add significant plant material to the north fence line to further obscure the industrial activity

Structures

In the Cemetery there are four primary buildings; the maintenance garage and shop, a secondary maintenance storage building, the chapel and the office (which also includes a garage and a residence upstairs). The maintenance shop and garages are both in good repair and the staff appears to be meticulous with the upkeep of the buildings. These two buildings’ exteriors were painted green two years ago. The main maintenance building is large and fully functional, the smaller secondary building is primarily for lawncare equipment and a single bay in the office is used for further equipment. Finally, there is a maintenance area within the undeveloped 30 acres that has additional equipment, storage and the pump house for the irrigation system.

In the near term, given their central location within the Cemetery, we recommend the garages be repainted with a neutral color to minimize their presence, such as grey. Further landscape screening (small trees, shrubs, grasses or other native plants) can be planted where appropriate to help obscure the presence of the equipment and operation.

The small chapel on-site is unfortunately not Chapel particularly functional; it is difficult to heat and cool and too small for most events. It primarily serves as a gathering place for the Board, and is occasionally used for families to meet when there is inclement weather, but the staff reports that use is very infrequent. This is consistent with national trends, as funerals and memorial services are increasingly getting smaller in scale.

Public restrooms are located near the maintenance and office complex. The two restrooms are adequate and appreciated by many of the people we spoke with who spend time at the Cemetery.

The interior of the office has been made as pleasant and functional as is practical. While the primary staff workspaces are good, the lack of additional space to speak with families in a semi-private setting is very limiting. The records retention area in the back is well-maintained and can serve as a meeting space

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Page 67 of 92 if needed, but it is not ideal. The staff has done a good Cemetery Office job of efficiently organizing the space, although further digitization of the records should be explored to limit the physical storage requirements. The office also has an apartment on the second level occupied by a grounds employee who opens and closes the gates and generally watches over the Cemetery (this was a very common arrangement in cemeteries historically, but it has been largely phased out). The exterior of the building is brick and appears to be in poor condition, which concerns site management. In our opinion the structure is aging and will need to be replaced over time.

After evaluating the structures individually and collectively, we believe that the staff have worked hard to maintain what they have and to keep it running as best they can. However, it is clear that in the coming years the City will need to begin planning for either a new facility or a major remodel. In our opinion it would be well-timed to tie this to the potential land sale and design a building that would serve as the future of the Cemetery for the next generation and beyond. It would be ideal to combine the restrooms, meeting area and the space for administration, sales, and records retention in this new facility. We believe this can be done in a roughly 2,400 square foot building with the following component spaces:

- Lobby and Work Stations 12 x 18 - Two Restrooms 10 x 12 (each) - Manager’s Office 10 x 12 - Conference Room 12 x 12 - Break Room 12 x 12 - Storage Room – Records 12 x 12 - Multipurpose Space 24 x 36

After researching and discussing the building costs in Missoula, we believe a facility of this scale would cost roughly $720,000, which does not include demolition of the existing buildings. This is a cost that one day will be incurred if the Cemetery wishes to continue to have a permanent office on site.

Summary of Recommendations: • Repaint the maintenance garages in a color that would draw less attention to them • Use landscaping to obscure the two primary maintenance buildings where possible • Design and build a new long-term facility that consolidates the restrooms, meeting area and the space for administration, sales and records retention o Once this facility is built, remove the chapel and old office/residence o Explore further digitizing records to reduce physical storage

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Page 68 of 92 Irrigation

The entire developed Cemetery is irrigated. The irrigation system utilizes water from two wells and is in excellent condition, functioning well despite being a manual system. This is largely due to the care and maintenance performed by the staff who have adopted best practices for this type of setup. Access to water is something that many people appreciate when they visit and was commonly mentioned during our interviews with lot owners. In many cemeteries of this age the irrigation system is failing and requires substantial resources to be repaired. We commend the staff for their work to date and hope that will continue in the future.

We would recommend that signage be placed strategically throughout the grounds to indicate that the water is not for drinking. This is common is cemeteries with accessible irrigation systems and a good practice to ensure public safety.

Summary of Recommendations: • Continue to maintain the system and ingrain the best practices used today in future generations of staff • Add signage to indicate irrigation water is not for drinking

Roads The internal road system of the Cemetery is in excellent repair. The roads have been chip sealed on a consistent basis and the edges (which are often the biggest challenge for Cemetery roads as cars park along them to visit burial sites) are well maintained.

As can be seen on the map to the right, the Older Cemetery Section Roads original section of the cemetery towards the bottom of the map has varied road patterns, with diagonal roads creating a unique set of sections. The next iteration of the cemetery featured the main roads that are utilized today by visitors, which run east to west and are flanked by trees and the irrigation system. These roads were designed to create ‘blocks’ of grave space that were easily accessible and simple to layout.

In the development of the newer design the roadways became quite dense. The proximity of the east to west roads to each other is often less than 100 feet apart, whereas the industry standard is no more than 300 feet. Many cemeteries in this situation might consider closing and removing particular roads. This has

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Page 69 of 92 multiple benefits; including eliminating the future cost of maintaining/repairing/replacing these roads, and gaining inventory in established sections of the cemetery that are often most desirable.

This is a potentially controversial concept, as it has the potential to change the aesthetics and access of the site, it would also alter the landscape for lot owners who have already purchased. Given the resistance to this concept by the Cemetery Board and Staff, we would not recommend it at this time, but if and as roads begin to require replacement, it could be reconsidered.

Summary of Recommendations: • Continue with maintenance practices to keep up the roads • Further study removing roads as they enter the next maintenance cycle

Above-Ground Burial Structures

There are a number of free-standing columbaria, Newer Columbarium Wall for the inurnment of cremated remains in selected areas throughout the Cemetery. This is a common product that many cemeteries adopt as a way to provide options for cremation customers, who are such a significant portion of the marketplace in Missoula today. The newer walls are all constructed of granite and appear to be in excellent condition. There has been a niche fund created to install more walls in the columbarium plaza.

The first three columbaria ever in the Cemetery were reportedly built by the staff at that time. They are located on the main entry road near the office and have 192 burial spaces, Original Columbarium signified with bronze niche fronts. These structures are in poor condition, with visible water damage and would be almost impossible to maintain in the long-term. At some point we would recommend the families be asked to allow relocation of the cremated remains into a granite niche, ideally at no cost to the families. We would recommend the Cemetery make the decision to relocate the cremated remains in this columbarium to one of the newly built niche walls, and then remove the old structures.

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Page 70 of 92 In this same area there is a small 64-niche granite columbarium that would appear significantly out of place if the other columbaria were removed. We would recommend that when the other columbaria are removed, the staff relocates this unit to a more appropriate place away from the office. As it is in fine condition, it could simply be relocated as a whole without removing any cremated remains. There is sufficient current niche inventory to accommodate these transfers.

The columbaria are the only above-ground burial spaces in the Cemetery, there are no above-ground crypts for casket burial. The Cemetery does have a small section where private family mausoleums can be erected, while infrequent these types of small structures can continue to be accommodated. In our opinion, the City Cemetery should not develop a community-style mausoleum (a larger public building designed with above-ground crypts) now or in the future as there is a modest market for the service, it would require a significant capital investment and it would become a significant long-term liability.

Summary of Recommendations: • Relocate those inurned in the original three columbaria and remove the structures o Relocate the granite columbarium in the same area to a more appropriate location • Do not build a community-style mausoleum

Crematory

In Montana as a whole, the rate at which a family selects cremation as a step in the memorial process is over 75% as per the Cremation Association of North America and anecdotally more than 85% locally when interviewing funeral homes. This rate is forecasted to continue to rise over the coming years and as such the Cemetery Board has considered the concept of creating a crematory on the grounds of the City Cemetery.

Crematory operations are often done in concert with a funeral home, so they can offer a full range of funeral services. Without the funeral home component, crematory operations require a significant upfront investment and they are very labor-intensive, with low margins. In more practical terms, a crematory would fundamentally shift the hours, activity of the site and can impact the feel of a cemetery when not sited and operated correctly.

In reviewing the community’s crematory options currently and interviewing multiple individuals within the funeral industry, it is our assessment that the funeral service firms in Missoula appear to have sufficient crematory facilities for the community today. So, despite this high rate of cremation, we recommend the City Cemetery not pursue the development and operation of a crematory. It would be highly unlikely that these underlying dynamics will shift in the short or medium-term and we would not expect any circumstance where the city would build a crematory.

Summary of Recommendations: • Do not pursue the development of a crematory at this time

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Page 71 of 92 Historical Recognition

In 2019 the Montana History Foundation awarded the Interpretive Sign Cemetery a grant to install six interpretive signs. This was a concept that the Cemetery staff executed well and adds value to visitors who walk around this unique greenspace. These kinds of signs are increasingly commonplace in other historic cemeteries and can be a great resource to build self-guided tours or other engaging opportunities for visitors. Given the rich history that exists throughout the site we would recommend their use be monitored and more signs be installed as opportunities exist. Grants are often available for alterative purposes like history, horticulture, educational programing and we would recommend continuing to work with community partners to get additional funding.

The City Cemetery has a rich history that in our opinion qualifies it to be listed on the National Register of Historic Places, created by the National Historic Preservation Act of 1966. Many cemeteries throughout the country have applied for and by granted this designation, there are over 1,600 listed in the searchable database today, including 10 in Montana.

We would recommend the Cemetery Board work with the Cemetery and other City Staff to apply for this designation. The Cemetery has been a cornerstone of Missoula for over 125 years and should formally be recognized as such.

Summary of Recommendations: • Monitor current historic signage and expand the program by pursing further grant funding • Apply for designation as a National Historic Place

Pet Program

During our evaluation of the Cemetery operation, the staff made us aware that a pet burial program has been discussed within the management and Board levels. In the current proposal for this concept, only the cremated remains of pets would be permanently inurned in an ossuary in a single designated area within the Cemetery. Integrated with or adjacent to the ossuary could be a wall where families could purchase an inscription for their lost pet.

It is important to note this would not be a formal pet cemetery, but rather a feature of the Cemetery which would allow the community to remember lost pets. We believe this would be a service to the community and a modest source of future revenue. We recommend this be permitted at the Cemetery and that the staff proceed with the program when practical.

Summary Recommendation • Proceed with the Pet Program as designed by staff L.F. Sloane Consulting Group | Missoula City Cemetery Strategic Plan 23

Page 72 of 92 Annual Maintenance

From spending time with General Manager, Ron Regan and his grounds staff it was clear they are a very high-functioning and professional group. They do a terrific job of maintaining the Cemetery to a very high standard. The best practices that we often recommend in municipal cemeteries were found to be already implemented or exceeded by the dedicated staff. They appear committed to preventive maintenance and very capable of keeping mechanical equipment working well into its life. This is critical for a taxpayer-funded operation like the City Cemetery, and their practices have consistently allowed this portion of the operational budget to remain low.

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Page 73 of 92 6. Marketing

Relevancy

In the current times it is very challenging to market cemetery services. Historically, traditional advertising services served cemeteries well; particularly from the 1970s through well into the 1990s. Our clients utilized newspaper advertising, direct mail and television to attract families to a particular cemetery as a part of the family financial planning process.

The headwinds that cemeteries face in 2020 and beyond similarly impact the approach to marketing. Historically, a cemetery could market to heads of households over 40 years of age. The longevity of Americans today makes families in their late 60s less likely to plan for funeral and cemetery expenses. Mobility in retirement, fractured families and children residing in different state than their parents also changed the funeral and cemetery planning process. Cemeteries can struggle with the question of “where is the right place for a family cemetery lot?”

The change with the biggest impact is the fact that cremation as a step in the funeral process is now commonplace. Those who decide to be cremated believe that they have done all of the planning that is required. The cremation service is relatively affordable compared to a traditional funeral and the cemetery often is not even considered.

Many families only begin to address funeral and cemetery planning when an illness is diagnosed, and often use the internet as a first source of information. We were pleased to find the City has an easy to use and transparent website, and we feel the City Cemetery is in a good position to serve those families.

Cemetery Website

Pricing information is clearly available, and given that the Cemetery is priced below the market (as is common with municipal cemeteries) that is a key element to highlight. The website also does a clear job of explaining the rich history at the site, allowing Missoula residents to view it as a relevant place for

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Page 74 of 92 them and their family. In our opinion, a cemetery’s website along with its reputation are the best available marketing tools today.

Social Media is increasingly a medium that historic cemeteries across the country are embracing and finding traction as they attempt to engage with a wider audience. Cemeteries like Laurel Hill in Philadelphia, PA and Oakland Cemetery in Atlanta, GA utilize platforms like Instagram, Facebook and to a less degree Twitter to promote unique events and their history. Woodlawn Cemetery in Toledo, OH primarily uses social media to promote tours and events, including birdwatching and tree identification. Mount Auburn Cemetery in Cambridge, MA highlights their monumental art, restoration effort and greenspace. We would suggest the Cemetery Board and Staff explore these and other cemetery’s social media channels to determine if this is conceivable for the City Cemetery.

The City Cemetery’s reputation can be further enhanced by articles in the City Newsletter and events at the Cemetery. The Stories and Stones event that has been run annually is a great example of the appeal the Cemetery can have when the community is given an opportunity to embrace it. The levels of service and maintenance are also central to a strong reputation. In talking with many lot owners, it was clear that they have a seen a dramatic transformation over the past ten to fifteen years and that will pay dividends as the Cemetery continues to establish itself as a destination cemetery in Missoula. We credit the current management with this positive shift.

We have proposed a few alternative services for the disposition of cremated remains which we believe can increase the number of families considering the Cemetery as a final resting place. We believe the next step is to continue to build the Cemetery’s programming to make it increasingly relevant to the community. For example, the Cemetery has an abundance of trees, which upon survey could ideally result in an arboretum certification. Tree identification signs could be places on selected trees and the Cemetery could become a site to for nature education throughout the grounds. We would recommend the Cemetery pursue a partnership with the University of Montana and/or the State to get surveyed and certified. These potential partnerships could also assist with the selection, care and planting of new trees as appropriate throughout the site.

One of the fastest growing hobbies in the County is birdwatching. Given the ample amount of vegetation and trees, we believe the Cemetery could be an attractive location to promote this activity, and have community members engage with the grounds. We have seen similar cemeteries work with local birding organizations to host weekly or monthly events at the Cemetery. These can range from small in scale and more passive, to larger and requiring more from the Cemetery staff. We would recommend the Cemetery connect with local organizations to see if there would be interest in hosting an event or series of events.

There may be other disciplines at the University of Montana who may wish to utilize the Cemetery as a resource, such as photography and visual arts programs, which we have seen successfully partnering with cemeteries. The Cemetery might consider approaching the Historical Museum at Fort Missoula or the Missoula Art Museum to identify at creative ways to establish partnerships that benefit both parties as well as the community. These new avenues for activities could not only increase relevancy and

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Page 75 of 92 activity at the site, but may also generate donations to the Cemetery to help it be sustainable as a growing community resource.

All of the proposals in this section are dependent on staff time and persistence. We recognize that time can be a major challenge with the small team in place, and acknowledge that the staff may need assistance if these programs are to be embraced.

Summary of Recommendations: • Continue to update the Cemetery’s website with information and promote the pricing so the community better understands the resource they have available • Study cemetery’s social media to apply to the City Cemetery • Embrace alternative paths to relevancy for a larger audience o Embrace the trees at the site and pursue arboretum certification o Connect with birdwatching groups about events that could be hosted at the Cemetery • Look to further partner with community organizations

Prices

Municipal cemeteries have competing interests when it comes to pricing. On one hand this is a community-financed organization that fundamentally provides a necessary service to the community. On the other hand, the Cemetery should strive to be as self-sufficient as possible, reducing the public subsidy that is required annually. In evaluating the current pricing model, we believe the City has found a good middle ground that leans towards being a low-priced option for the public.

Currently the Cemetery Fee Schedule is under the market and is less then what we see in other urban areas, apart from the Western Montana Veterans Cemetery (which is free for Veterans and their spouses). In comparing pricing across marketplaces, the City Cemetery is as much as 25% less costly than comparable cemeteries.

In our interviews with lot owners and community members, it was consistently expressed that the pricing was fair and a positive attribute of the site. Recently the City implemented an annual fee escalator to help the Cemetery Fees keep pace with increasing expenses. We believe these fees in conjunction with the escalator position the Cemetery well and provide a valuable service to the community.

Summary of Recommendations: • Continue with current pricing plan, monitor other cemeteries’ prices and evaluate against expenses on an annual basis

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Page 76 of 92 7. Products and Services

The cemetery offers families a standard set of products that are consistent with what is seen in other municipal cemeteries throughout the country. The staff is somewhat limited by the increasing popularity of cremation compared to the design of the cemetery for full-body burial, as well as the prescriptive ordinance governing the cemetery.

Cremation Burial Options

Unlike casket burial, when a family selects cremation the cemetery is no longer a required part of the memorial process. This has been the single most significant trend impacting cemeteries throughout the county and in a community like Missoula its effects are substantial. In order to better address the needs of those who choose cremation, the City Cemetery should consider offering a broader range of products at varying price points.

Currently a cremation customer seeking interment at the City Cemetery has two options; selecting a niche space in several locations or selecting a traditional grave, which for burial of the cremated remains. Traditional graves can be purchased for the sole purpose of cremation burial or a grave can accommodate both a casket and cremated remains. In this instance the Cemetery sells the cremation as what is widely known within the industry as a Second Right of Interment. For families who wish to remain together and already own a casket burial space, this is a great product.

This repurposing of existing traditional grave space was wise decision, but we believe the community may embrace having simpler and lower priced burial options. A program that has been well received at cemeteries throughout the country is what we would call a Remembrance Crypt. This concept is designed to accommodate the permanent placement of cremated remains, just like a grave space, but in a common burial vault. The Cemetery Staff would collect the cremated remains in a safe place and then place them in a vault at scheduled intervals. We would expect no fewer than 100 remains being placed in each vault.

This option allows the customer to have their loved one’s information included in the permanent records of the Cemetery for a low fee – we recommend $100. To ensure the family can memorialize their loved one, the Cemetery could install a cenotaph (a memorial remote from the burial) on which the name and date of death could be inscribed. This creates a place for the family to visit if they wished. At other cemeteries similar to the Missoula City Cemetery this program has been very successful as it allows the price conscious customer the opportunity to have their loved one’s name in the permanent record and a place to visit for a total fee of $300.

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Page 77 of 92 At the other end of the price spectrum, there are customers Glass Front Niches at Sunset Cemetery who are looking for interior cremation options that are climate-controlled. As mentioned, we would not recommend a standalone mausoleum as it would be capital-intensive and a substantial liability in future years. However, if the City were to integrate niches into the new building, they could create an appealing product for families.

We would recommend that the City study this concept with the idea of installing a “pilot” bank of glass niches to determine the level of sales that could be generated. This project could be phased to limited risk and capital investment and we would expect the city could charge 2-3x current pricing for exterior granite niches. Glass niches allow the family to include memorabilia within the niche which has proven to be very successful at other cemeteries around the country. If this product pilot were successful it could be expanded and would help offset some of the cost of the new building.

For those who elect to be cremated but prefer ground burial, we would recommend that the City Cemetery lay out an area for cremation-specific graves. We recommend the graves be smaller than a traditional grave, but large enough to avoid density of burial and monumentation. A recommended layout would be a 4 ft. by 4 ft. grave allowing the burial of two cremated remains within the space. This could serve as another low-cost option, but with the added benefit of an individual space and an individual marker. By marketing this space at $500, the Cemetery would be providing a less costly option that in the long term could generate more revenue for the Cemetery as there would be two inurnment service fees paid.

In this same cremation grave area, we recommend the Individual Columbarium Cemetery designate several lots for individual above-ground cremation products; upright monuments that have cremation burial spaces built into them. They can take the form of a bench or a small columbarium or could be designed similarly to a traditional monument. These products are appealing to the higher-end cremation customer who is looking for a more personal monument.

To execute this program, we recommend staff build a portfolio of approximately ten options (with photos and pricing) that could be offered to families interested. In our experience, working with local monument dealers to set up the area, determine foundation sizes and potentially partnering to coordinate sales, would be beneficial for all involved.

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Page 78 of 92 Summary of Recommendations: • Create a permanent placement option for cremated remains o Install a cenotaph for the inscription of name at an additional cost o In the future, study integrating this into the design of the new facility • Study installing glass front niches in the new facility’s multipurpose room • Lay out a cremation grave section in the cemetery • Designate multiple cremation graves for individual above ground cremation products o Work with local vendors to build out options for families Prepaid Services and Memorials

Currently the Cemetery allows families to prepay for a grave or niche in advance of any need. This is a service that gives peace of mind to those planning for their own memorial and for family members who want to ensure they will be next to a loved one who has passed away. Currently other elements of the burial, including the vault and the interment or inurnment fees cannot be prepaid today at the Cemetery today.

Allowing prepayment for those elements would provide a service to the purchasers who wish to take care of all fees and not burden their survivors with additional costs. We recommend the Cemetery Staff work with the City to establish a Prepaid Services and Merchandise Escrow Fund. The Cemetery Staff would sell the services and merchandise (principally memorials) at today’s price and upon payment in full, 100% of the fees charged would be placed in the fund. When the service is provided in the future the amount deposited would be transferred to the Cemetery. If there is interest income this would also be remitted to the Cemetery and the Cemetery would provide the service or merchandise for the prepaid fee regardless of the current fee schedule.

This program provides benefit to the lot owners, adds little to no costs to the Cemetery and over time would become another asset of the Cemetery; similar to the Capital Fund, the Niche Fund and the Donation Fund. The lot owner will have some protection from inflation impacting the costs of these services and the vault. While the Cemetery will receive revenue from this sale when it is delivered, by depositing 100% of the prepaid amount until the service is provided, it will have no impact on the budget or operations outside of the need to track the information alongside the prepaid graves.

Summary of Recommendations: • Establish a Prepaid Services and Merchandise Escrow Fund and allow families to prepay for the vault and interment or inurnment fees

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Page 79 of 92 Markers and Monuments

Over the last several years there has been discussion within the Cemetery Staff and Board, and with the public about the concept of offering markers and monuments for sale at the Cemetery. While there is logic in offering a broader range of services to the public, after meeting with staff from funeral homes and monument dealers, speaking with families who have used their services and reviewing this concept with Cemetery Staff, we do not think this concept should be further pursued at this time.

This conclusion is first driven by the reality that the net income from the sale of such products by the Cemetery would not be significantly impactful to City Cemetery Budget at the current scale of potential sales. Memorials are also a more nuanced product to learn and the training and time required by the staff to make sales and work with monument dealers to track installations may outweigh the benefits. In reviewing the pricing available throughout the community, the current situation where monument companies and funeral homes sell the marker and monuments is competitive, allowing lot owners options.

Summary of Recommendations: • Continue to prohibit the sale of monuments and markers at the Cemetery

Engraving

Several members of the staff at the Cemetery have participated in a training course on engraving granite. The staff have the equipment to do the work on-site and they have been successfully engraving niche fronts, but currently they are prohibited from doing any other engraving. We recommend that the Cemetery staff be allowed and encouraged to expand the engraving services; specifically, to include final dates on graving markers and monuments. Often families are unaware of the need to secure this service and the Cemetery is well-placed to identify when it has not been completed. To better facilitate this, the staff can track and confirm that the memorial is fully inscribed. The income from this service is minimal for the City Cemetery, yet the Cemetery has the vested interest to ensure the dates are complete.

Summary of Recommendations: • Expand the engraving that is offered at the Cemetery to include final dating

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Page 80 of 92 8. Governance

Ordinance 3594

Ordinance 3594 covers the Missoula City Cemetery and has increasingly become a greater debated document that has substantially grown over the years according to legal staff. In our many years of evaluating municipal Cemetery operations, this ordinance is one of the most lengthy and prescriptive that we have encountered.

In our professional opinion, the ordinance would benefit from being simplified and scaled back. It is much more commonplace for the majority of the detail in the ordinance be found within the Rules and Regulations of the Cemetery. This would enable greater opportunity to address the details at the Board level while keeping the high-level management decisions with the City Council. As a firm that routinely reviews and develops this type of regulatory structure, we would be glad to further engage with the City if that is valuable.

In the short-term there are specific areas of the Ordinance that should be updated:

1. 12.44.010 – If the Pet Program is to be pursued the language to permit the placement of the cremated remains of animals must be added to the ordinance as today the language allows only for the burial of human remains. 2. 12.44.030 – Remove the requirement to retain obituaries as part of the permanent records of the Cemetery. a. This will provide flexibility to the staff, but where appropriate obituaries can still be retained 3. 12.44.070 – The Niche Fund Reserve should be merged into the Cemetery Capital Fund Reserve. Under the current structure there is not enough flexibility on how funds may be expended, as all the money is required to go towards the purchase of new niches. If the money were in a more general fund, then it could be used to purchase more niches or it could be used to repair a niche wall or if the Cemetery does not need more niches, it could be used to do landscaping around a columbarium or for a totally separate purpose. 4. 12.44.120 – Provision 7 under letter H. Placement should be deleted. This provision prohibits the placement of cremated remains in monuments, which is an increasingly popular product that is commonplace in the industry.

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Page 81 of 92 9. Sustainability

Budget Review

As discussed throughout this report, operating a cemetery in the current headwinds facing the industry is challenging. For many municipal cemeteries this is further amplified by their need for taxpayer funding as they are often not profitable. In our evaluation of the Cemetery Budget, we found it largely in keeping with what we have seen at other similar scale operations and within similar communities. Below is the breakdown of revenues and expenses in 2018 and 2019 that were analyzed earlier in the report.

2018 2019 Full-Body Burial $ 35,100 $ 37,200

Cremation Burial $ 41,850 $ 49,300

Merchandise $ 20,560 $ 25,693 Additonal Revenue $ 8,691 $ 11,899

Total Revenue $ 106,201 $ 124,092

Personnel $ 506,844 $ 519,329 Supplies $ 70,175 $ 72,861

Services $ 27,977 $ 30,150 Miscellaneous $ 5,640 $ 8,592

Total Expenses $ 610,637 $ 630,933

Total Profit $ (504,436) $ (506,840)

As can be seen from high-level expense categories, personnel costs make up over 80% of the costs related to operating the cemetery, which we find to be unusually high. In similar cemeteries personnel expenditures make up anywhere from 50% to 70% of expenses. Currently there are three full-time grounds employees, two 10-month grounds employees, one 5-month grounds employee, two full-time administrative/sales employees and the general manager. In our experience, in a typical cemetery you would hire one sales staff and one grounds staff for every 100 services, with a minimum of two grounds staff. That is a very general guideline and other considerations include the seasonal weather-related work, acreage of the site, administrative processes, age of the cemetery and outsource functions, among others, must be factored into the analysis. Having considered all of those factors, given that the site has performed less than 75 interments for the past ten years, we must conclude it is at minimum slightly overstaffed.

In the budget two positions are currently funded yet vacant; a five-month seasonal position and an administrative position. At this time, we recommend both positions not be filled and recommend further cross-training for the administrative position with the administrator, the director and the lead

L.F. Sloane Consulting Group | Missoula City Cemetery Strategic Plan 33

Page 82 of 92 grounds employee. Consideration should also be given to sharing staff with Public Works or Parks as appropriate. This could allow the Cemetery to scale up during peak times and have a more appropriate staffing plan seasonally or based upon the days of the week. We would extend this to the office hours which could be adjusted to account for visitation and burials trends.

While staffing levels are higher than we would expect given the number of services performed, we must continue to emphasis that we are impressed with management’s ability to keep other expenses constrained.

Summary of Recommendations: • Do not fill the vacant administrative position nor the five-month season position • Continue to encourage staff to keep non personnel-based expenses low

L.F. Sloane Consulting Group | Missoula City Cemetery Strategic Plan 34

Page 83 of 92

City of Missoula, Montana Item to be Referred to City Council Committee

Committee: Parks and Conservation

Item: Easement amendment for West Broadway Island shared parking lot

Date: February 23, 2021

Sponsor(s): David Selvage

Prepared by: David Selvage

Ward(s) Affected: ☒ Ward 1 ☐ Ward 4 ☐ Ward 2 ☐ Ward 5 ☐ Ward 3 ☐ Ward 6

☐ All Wards ☐ N/A

Action Required: Approve amendment of easement transferring control and responsibility for power supply and meter serving parking lot lighting from City to property owners (Interconnect International, LLC).

Recommended Motion(s): I move the City Council: Approve the amended cross access and shared parking permanent easement between Interconnect International LLC and the City and authorize the Mayor to sign, and direct the City Clerk to record the amended easement.

Background and Alternatives Explored: Missoula Redevelopment Agency (MRA) and the City’s Parks & Recreation Department were contacted by Interconnect International who requested control and responsibility for the parking lot’s lighting power supply and meter. Interconnect international is considering expanding retail services on its property that requires power, which is available from the existing parking lot power supply and meter.

Interconnect International and MRA previously cooperated on a Tax Increment funded project to construct the shared parking lot. Subsequent to completion of the parking lot project, the parties executed a permanent easement for cross access and shared parking. The responsibility for power was assigned to City Parks and Recreation.

City Parks and Recreation pays an average of $5.00/month for the cost of power to the parking lot lights. There is no specific need for the City to retain control and continue to pay for the cost to run the parking lot lighting, nor are there any known projects or plans that would require future City access to this power supply. The existing power meter is located very close to the common property line. Approval of the easement amendment would allow the City to turn responsibility for the meter to Interconnect International LLC allowing them to then extend a power supply line from

Page 84 of 92 the meter, west through their property, adjacent to the parking lot. The proposed amendment and any changes to the power supply would have no material impact on the shared parking, cross access, parking lot lighting, or City lands. Both MRA and City Parks and Recreation Directors have reviewed the proposal and are in support of the easement amendment.

Financial Implications: Minor savings to City (estimated to be $60/year)

Links to external websites:

Page 85 of 92 AMENDED Permanent Easement Agreement between Adjacent Property Owners to Facilitate Shared Parking

This amended Permanent Easement is made as of the ______day of ______, 2021 by and between Interconnect International, LLC (hereinafter the “LLC") and the City of Missoula, MT (the "CITY").

WHEREAS, the LLC and the CITY entered into a permanent easement agreement dated July 24, 2014 to permit cross access and shared parking for both parties.

WHEREAS, LLC was the owner of the real property known as McCormick Addition #2, Block 5, Lots 37-46 of Missoula County, Montana, as shown in Exhibit A attached hereto (hereinafter the "Property") which real property contained an existing paved parking lot.

WHEREAS, Interconnect International, LLC sold lots 41-46, Block 5 of McCormick Addition #2 for $115,000.00 to the City of Missoula in order to facilitate the City of Missoula being able to provide public parking for the West Broadway island in the Clark Fork River that is near the lands described herein, as well as to facilitate City development of a riverfront trail system and provide access from the riverfront trail system to the island in the Clark Fork River.

WHEREAS, Interconnect International, LLC and the City of Missoula as adjacent landowners, with Interconnect International, LLC owning lots 37-40, Block 5 McCormick Addition #2 and City of Missoula owning lots 41-46, Block 5 McCormick Addition #2, desire to provide permanent easements to each other to facilitate shared parking usage of these adjacent lands.

WHEREAS, Area "A" on Exhibit A is owned by Interconnect International, LLC and shall be dedicated to parking for the use of Interconnect International, LLC. Area "B" on Exhibit A is owned by City of Missoula and shall be dedicated for parking to be used by the public.

WHEREAS, the City hereby grants a permanent easement with respect to Area "B" on Exhibit A attached hereto to The LLC for right-of-way use on a portion of the Property and grants permanent easement on lots 41-46, which shall not be less than 15 public vehicle parking spaces on the terms and conditions as set forth in this easement agreement;

WHEREAS, the City hereby grants a permanent easement with respect to Area "B" on Exhibit A attached hereto to The LLC for vehicle parking spaces on a portion of lot 41;

WHEREAS, The LLC hereby grants a permanent easement for right-of-way use on a portion of the Property identified as area "A" on Exhibit A attached hereto, and grants permanent easement on lots 37-40, which shall be used as private parking on the terms and conditions as set forth in this easement agreement. In no case shall parking for the LLC be less than 16 vehicle parking spaces.

Page 86 of 92 NOW, THEREFORE, the parties agree as follows: \

1. Grant of Easements The LLC as Grantor hereby grants and the CITY as Grantee accepts for lots 37-40, a permanent easement {the "Easement"), for the benefit of the general public, over that portion of the Property more particularly described in area "A" on Exhibit A attached hereto, for purposes of public right-of-way use. The City as Grantor hereby grants and LLC as Grantee hereby accepts for lots 41-46, permanent easement (the "Easement"), for the benefit of Interconnect International, LLC, over that portion of the Property more particularly described in area "B" on Exhibit A attached hereto, for purposes of public right-of-way use. The City as Grantor hereby grants and LLC as Grantee hereby accepts for spaces on lot 41, permanent easement (the "Easement"), for the benefit of Interconnect International, LLC, over that portion of the Property more particularly described in area "B" on Exhibit A attached hereto, for purposes of private vehicle parking. The LLC shall have a minimum of 16 vehicle parking spaces and the City shall have a minimum of 15 vehicle parking spaces available for their respective use. Either party may, at its own expense, place signs on their vehicle parking spaces to identify the use. The content of such signs shall be mutually acceptable to both parties.

2. Easement Rights and Restrictions (a) both parties shall have permanent access to the driveway, entrance, and exit.

(b) Public use of the Easement is limited to any hours specified in Missoula Municipal Code. Public use outside of these limited hours may constitute trespass.

3. Construction The CITY will be responsible for construction of vehicle parking spaces on lots 41-46 and Interconnect International LLC will be responsible for construction of vehicle parking spaces on Lots 37-40 based on a mutually agreed upon plan. During this time, each party shall provide, at their own expense, appropriate means to demarcate the parking uses on their respective designated use areas.

4. Maintenance and Repairs The CITY will be responsible for maintenance and repair of the vehicle parking spaces on lots 41-46 and Interconnect International will be responsible for maintenance and repair of the vehicle parking spaces on lots 37-40, and the control and provision of power to parking lot lighting. Maintenance for each party shall include but not be limited to: removal of snow, ice, litter and debris; sealing and striping as needed; and maintenance of landscaping, including maintenance of boulevard landscaping and other public improvements adjacent to the respective areas dedicated to the use by each entity.

5. Closure Both parties agree that any closure of the easement, whether permanent or temporary, shall be by mutual consent of the parties.

6. Indemnities The CITY agrees to indemnify, defend and hold the LLC, its officers, directors, employees and agents, harmless from and against any loss, cost, expense (including attorneys' fees) or liability suffered or incurred arising out of any act

Page 87 of 92 or omission on the part of the CITY or the City's agents in connection with the City's responsibilities under this Agreement. The LLC agrees to indemnify, defend and hold the CITY, its officers, employees and agents, harmless from and against any loss, cost, expense (including attorneys' fees) or liability suffered or incurred arising out of any act or omission on the part of the LLC or its agents in connection with the LLC's responsibilities under this Agreement.

7. Run with Land This Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, personal representatives, tenants, successors, and/or assigns. The easements and covenants contained herein shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs and personal representatives.

8. Notice Notices made by the parties pursuant hereto may be served personally or may be served by depositing the same in the United States mail, postage prepaid, certified or registered mail, addressed as follows:

If to LLC: If to the CITY:

Interconnect International, LLC. City of Missoula 1151 West Broadway Parks and Recreation Director Missoula, MT 59802 600 Cregg Lane Missoula, MT 59801

The foregoing addresses may be changed by written notice given pursuant to provisions of this section. In the event the foregoing addresses are no longer valid, notices shall be addressed to the address where tax statements are mailed. Notices may be sent by facsimile transmission, provided that hard copies are also delivered by one of the other enumerated methods.

9. Attorneys' Fees In the event that suit is brought for the enforcement of the Easement or as a result of any alleged default thereof, each party agrees to pay their own attorneys fees and costs.

10. Governing Law The land subject to the permanent easement being located within the boundaries of the City of Missoula, Missoula County in the State of Montana, the law governing the interpretation or enforcement of the terms and conditions of the permanent easement shall be the laws of the State of Montana.

11. Venue The land subject to the permanent easement being located within the boundaries of the City of Missoula, Missoula County in the State of Montana, the venue for any litigation pertaining to enforcement of the permanent easement shall be the Fourth Judicial.

12. This amended easement repeals the earlier easement dated July 24, 2014 and shall be filed with the Missoula County Clerk and Recorder’s offices subsequent to

Page 88 of 92 formal approval and execution by the parties identified herein.

IN WITNESS WHEREOF, the CITY and Interconnect International, LLC have cause this instrument to be executed on the _____ day of _____, 2021

For THE CITY OF MISSOULA, a Municipal Corporation

______John Engen, Mayor

ATTEST: ______Marth L Rehbein, CMC, City Clerk

For INTERCONNECT INTERNATIONAL, LLC

______, and ______Robert Rivers, Co-Owner Fernanda M.B. Krum, Co-Owner

State of Montana ) )SS. County of Missoula )

The forgoing instrument was acknowledged before me this ______day of ______, 2021 by Robert Rivers and Fernand M.B. Krum of Interconnect International, LLC

______Notary Public for the State of Montana

Printed Name: ______

Residing at ______

My Commission Expires ______

(seal)

Page 89 of 92 EXHIBIT A

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