Livingston City Commission Special Meeting Agenda April 28, 2020

5:30 PM Via Zoom Online Video Conference:

https://us02web.zoom.us Meeting ID: 846-9062-7584 | Password:0000499

One tap mobile call in: 1 (669) 900-6833 1. Call to Order

2. Roll Call

3. Public Comment

Individuals are reminded that public comments should be limited to item over which the City Commission has supervision, control jurisdiction, or advisory power (MCA 2-3-202)

4. Proclamations

A. Proclamation Hate Doesn’t Live Here in Livingston. Pg. 3

5. Resolution

A. Resolution No. 4896: A Resolution of the City Commission, of the City of Livingston, Montana,approving and adopting the FY 20/21 Marketing Plan submitted by the Livingston BusinessImprovement District (LBID) Convention and Visitors Bureau (CVB) as required by law.

Pg. 4

6. Legal Update, Closed Session

A. Carlin, Wulf v. City of Livingston

B. Human Rights Bureau case: Employee A vs. City of Livingston

C. Human Rights Bureau case: Former Employee B vs. City of Livingston

D. Livingston Chamber of Commerce vs. City of Livingston

E. Jami Rebsom vs. City of Livingston

F. Cane, S. vs. City of Livingston

G. O’Brien, S. Estate vs. City of Livingston

H. Rawlings, J. vs. City of Livingston

I. Chambers, J. vs. City of Livingston

13. City Manager Comment

14. City Commission Comments

15. Adjournment

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Notice

• Public Comment: The public can speak about an item on the agenda during discussion of that item by comingup to the table or podium, signing-in, and then waiting to be recognized by the Chairman. Individuals arereminded that public comments should be limited to items over which the City Commission has supervision,control, jurisdiction, or advisory power (MCA 2-3-202).

• Meeting Recording: An audio and/or video recording of the meeting, or any portion thereof, may be purchased by contacting the City Administration. The City does not warrant the audio and/or video recording as to content, quality, or clarity.

• Special Accommodation: If you need special accommodations to attend or participate in our meeting, pleasecontact the Fire Department at least 24 hours in advance of the specific meeting you are planning on attending.

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Proclamation A Proclamation of Acceptance and Openness Among All Our Citizens

Whereas, it is the policy of the City of Livingston to prevent “harassment and

discrimination based upon race, color, sex, gender identity/expression, sexual

orientation, religion, national origin, disability or housing status; and

Whereas, recently several community members have experienced incidents of racist

anti-Semitic hate speech targeting a specific demographic in our population; and

Whereas, in 2018, the FBI released its Hate Crime Statistics Program report in

which it reports receiving 8,496 offenses. A 16-year high according to the report; and

Whereas, The City Commission of the City of Livingston wish to publically stand in

our solidarity with all members of our community in condemning racism, anti-

Semitism and all forms of hate speech and emphasize our commitment to protecting

all citizens and promote respectful discourse in our community.

Now, Therefore, through our elected members of the City Commission, of the City of

Livingston, Montana, stands firmly with our community members to reaffirm, that

all are accepted; and

Be it further resolved, I, Dorel Hoglund, Chair of the City Commission do hereby

encourage other municipal leaders across our nation to join us to strengthen our

fight against racism, anti- Semitism and all forms of discrimination.

Dated this ___________day of ____________, 2020

Signed: ____________________________ Signed: ____________________________ Dorel Hoglund, Chair Michael J. Kardoes, City Manager

Attest: _____________________________________ Faith Kinnick, Recording Secretary

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Resolution No. 4896: Approving and adopting the FY20/21 Marketing Plan submitted by the Livingston Business Improvement District CVB as required by law.

RESOLUTION NO. 4896

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LIVINGSTON, MONTANA, APPROVING AND ADOPTING THE FY 20/21 MARKETING PLAN

SUBMITTED BY THE LIVINGSTON BUSINESS IMPROVEMENT DISTRICT (LBID) CONVENTION AND VISITORS BUREAU (CVB) AS REQUIRED BY LAW.

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WHEREAS, on April 27, 2020, the Livingston City Commission designated the Livingston Business Improvement District as the local nonprofit Convention and Visitors Bureau for the purpose of promoting area businesses, attracting new developments and visitors for a five-year term; and

WHEREAS, MCA 15-65-122 (2) prohibits the distribution of funds to a regional nonprofit convention and visitor’s bureau until that entity has submitted an annual marketing plan to the council and that plan has been approved by the council; and

WHEREAS, the LBID is required to submit the annual marketing plan and supporting documents to the Montana Office of Tourism and Business Development (MOTBD) before May 3, 2020.

WHEREAS, The FY20/21 Plan highlights Livingston’s strengths and discoverability through a multi-stranded approach by the use of the web, social media, print advertising. The CVB will partner with other regional CVB’s to capture successful strategies; and

WHEREAS, the LBID was advised by the MOTBD the proposed budget for FY20/21will be reduced this year due to nationwide COVID-19 mitigation efforts restricting travel and resulting in the cancellation of hotel lodging and decreased tax revenues.

WHEREAS, the City Manager has reviewed the LBID FY 20/21 Marketing Plan attached and incorporated herein as exhibit A and supporting documents incorporated as Exhibits B and C, and recommends the City Commissions approval.

NOW, THEREFORE, BE IT RESOLVED, by the City Commission of the City of Livingston Montana as follows:

The Marketing Plan submitted by the Livingston Business Improvement District for FY20/21 is hereby approved and adopted. The City Manager is authorized and directed to sign all supporting documentation necessary on behalf of the City of Livingston. The LBID chair is authorized to submit the Marketing Plan and supporting documentation to MOTBD in their representative capacity.

PASSED AND ADOPTED, by the Livingston City Commission, this ________day of _____________, 2020.

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Resolution No. 4896: Approving and adopting the FY20/21 Marketing Plan submitted by the Livingston Business Improvement District CVB as required by law.

______________________________________ DOREL HOGLUND, Chair

ATTEST: APPROVED TO AS FORM:

___________________________ ____________________________ FAITH KINNICK COURTNEY LAWELLIN Recording Secretary City Attorney

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L■ ■ t* BUSINESS

1v1ng S n IMPROVEMENT

---------------=-DISTRICT_ ___ �

April 24, 2020

TO: City of Livingston Commission and City Manager

RE: FY20/21 MT Office of Tourism and Business Development (MTBDC) Convention & Visitors Bureau (CVB) Marketing Plan

As Chair of the Livingston Business Improvement District (LBID), the organization recently designated as the City of Livingston CVB, I have included below a brief summary of the marketing plan to be submitted to MTBDC on or before May 3rd

, 2020.

The FY20/21 marketing plan will focus on marketing the City of Livingston and its many strengths and opportunities through web, social media and print advertising and marketing. We will partner with other members in our CVB Region of Yellowstone Country and draw on their creative experiences as successful and enduring CVBs. Emphasis of this FY20/21 marketing plan will also take into consideration the COVID-19 issues and social distancing measures that are important as we gradually move back into the what will become a new normal for tourism-based communities like ours.

The proposed budget, based on conversations with Barb Sanem and Jan Stoddard at MTBDC, will be no more than $17,500 for the year which will include a maximum of $3,500 for admin support. This is a decrease in budget requests in past years by about $11,500 and this is based on the estimates Jan Stoddard has predicted in loss of revenue in FY20/21 due to COVID-19 related cancellations of room nights. The remainder of the budget will be divided into consumer and marketing support segments. Because of our recent designation as the CVB, we do not have the final marketing plan available for review before the April 28th

, 2020 City meeting but will forward the final copy of the plan as soon as it is submitted in its entirety to MTBDC.

and Interim CVB Executive Director

Livingston, MT 59047 ( 406) 220-9600

Board of Directors

Kristen Galbraith - Chair Dale Sexton - Vice-Chair Kathryn Borneman David DePuy Tyler Erickson Dan Kaul Karla Pettit

APPLICATION FOR LODGING TAX REVENUE FY21

Tourism Organization Livingston Convention and Visitors Bureau

President or Executive Director Kristen Galbraith. Interim CVB Executive Director and Livingston Business Improvement District Chair

Mailing Address PO Box 284

City Livingston Zip

Phone{406)220-9600

In the interest of tourism promotion or filming locations in Montana, the attached marketing plan has been approved by the governing board of this Organization.

The governing body and marketing supervisors understand the legal requirements, as well as the guidelines promulgated by the Tourism Advisory Council, for the use of lodging tax revenue.

This motion of approval was passed on the �8-f:b day of Apn' I , 2020.

Signature:

o rism Organization orsident of Organization.

_________________ Date _____________ _ Livingston City Manager

Attach these forms to the 'Reg/CVB Required Documents' component of the

Marketing Plan in WebGrants

Or send to

Barb Sanem

Montana Office of Tourism & Business Development

301 S. Park Avenue

PO Box 200533

Helena, MT 59620-0533

(406) 841-2769

bsanem@mt.gov

TO BE SUBMITTED WITH THE MARKETING PLAN

REQUIRED

Pledge of Understanding and Compliance

Regulations/Procedures for Regional/CVS Tourism Organizations

Use of Lodging Facility Use Tax Revenue

Fiscal Year 2021

I have read the "Regulations/Procedures for Regional/CVB Tourism Organizations Use of

Lodging Facility Use Tax Revenue".

I understand and pledge to comply with the information contained in it.

Date

n or Director ,. 'tl-/&iWI t> IY'<.dor

Date

REQUIRED IF OPPORTUNITY MARKETING FUNDS ARE USED

Authorization of Signature

Regulations/Procedures for Regional CVB Tourism Organizations

Use of Lodging Tax Revenue

Fiscal Year 2021

I authorize Kristen Galbraith. CVB Interim Executive Director and LBID Chairperson to submit

Opportunity Marketing projects under his/her signatures.

Date

Signature of City Manager

Montana Office of Tourism & Business Development

PO Box 200533 Helena, MT 59620-0533 (406) 841-2870

APPLICANT'S CERTIFICATE OF COMPLIANCE FY21

Following is a checklist of items to be fully completed by applicant:

NO

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A copy of the resolution duly passed by our governing body approving

the submitted marketing plan.

It is understood that line items within a budget may vary but project

scope may change only with notification to the Department and approval by the

Tourism Advisory Council.

It is understood that funds may be transferred between approved marketing

method budgets.

It is understood that no commitment of project revenue will be made

until after approval of an annual marketing plan by the Tourism Advisory

Council. Fiscal year expenditures and commitments may not be made prior to

July 1 of that fiscal year.

A project accounting system is established which will provide for:

► Accurate, current, and complete data on all marketing financial

transactions;

► Maintenance of all vouchers, invoices, payrolls, billings, etc. pertaining to

marketing methods expenditures;

► A separate fund account at a financial institution.

The Organization understands that the State of Montana reserves the right to

audit the use of bed tax funding both for financial and performance compliance.

It is understood that the Department has the right to deny any payment if it is

found that the Tourism Organization is not complying with the approved

program; or if funds have been lost, misapplied, or otherwise diverted for

purposes other than those for which they were provided.

It is understood that the Organization will in no way represent itself as the

Department of Commerce or the Tourism Advisory Council.

Date. ____ ____ _

Livingston City Manager

Montana Office of Tourism & Business Development

PO Box 200533 Helena, MT 59620-0533 (406) 841-2870