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01-26-21 City Commission Meeting Agenda and Packet Materials
A. Call to Order - 6:00 PM - WebEx B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda D. FYI E. Commission Disclosures F. Consent F.1 Accounts Payable Claims Review and Approval (Yeykal) F.2 Appoint a sub-committee of two commissioners to review pledged securities as of THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, January 26, 2021 This meeting will be held using Webex, an online videoconferencing system. You can join this meeting: Via Webex: https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php? MTID=e4fefa247fe9e1a4e21f73f8b24b43b32 Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream or channel 190 United States Toll +1-650-479-3208 Access code: 126 821 7209 If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net prior to 12:00pm on the day of the meeting. You may also comment by visiting the Commission's comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this online meeting. If you are not able to join the Webex meeting and would like to provide oral comment you may send a request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and the City Clerk will call you during the meeting to provide comment. You may also send the above information via text to 406-224-3967. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. Bozeman City Commission Meeting Agenda, January 26, 2021 1 December 31, 2020(Donald) F.3 Set Date for Nelson Meadows Appeal of Impact Fee Administrative Decision on Impact Fee Credit Request 20-01(Saunders) F.4 Authorize the Mayor to Sign a Certified Local Government Grant Application for 2021-2022 with the Montana State Historic Preservation Office(Gonzalez ) F.5 Authorize the City Manager to Sign a Conditional Offer of Dedication with Glen Haven Properties, Inc. for the Mountain Vista Housing Complex Project (20358)(Flammond) F.6 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Billings Clinic for Infrastructure Improvements for the Billings Clinic Master Site Plan Project (20216)(Nielsen) F.7 Authorize the City Manager to Sign a Memorandum of Understanding with Montana State University to Complete a Pilot Project for Modern Treatment Wetland Technology(Kohtz) F.8 Authorize the City Manager to Sign a Professional Services Agreement with Thomas P. Miller & Associates to Conduct Equity Indicators & Gaps Analysis(Hess) F.9 Authorize the City Manager to Sign Term Contract Task Order NE21-002 with Sanderson Stewart for Front Street Improvements Design and Construction Administration Services in the Northeast Urban Renewal District(Fine) F.10 Ordinance 2058 Final Adoption Amending Chapter 34.02 of the Bozeman Municipal Code to Update Bonding and Permitting Requirements for Work on Public Streets, Establishing Lane/Shoulder/Path Closure Mitigation Fees, Establishing Specific Penalties, and Updating of Language Within the Chapter(Reister) F.11 Ordinance 2059, Final Adoption of the Bozeman Cohousing Text Amendment, to Create a New Residential Type, Apartment Building, Limited, Establish Standards for the Type, and Assign it to the R-3, R-4, R-5 and R-O Zoning Districts with Associated Standards(Saunders) F.12 Ordinance 2062, Provisional Adoption to Revise Language for Clarity and Consistent Application of First Floor Required Height Standards in Five Mixed-Use and Non-Residential Zoning Districts, and Revise Paragraph A.1 of Subchapter 4b of the Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District. No changes to Maximum Height Dimensional Standards are Included with this Amendment. Revise Affected Sections to Implement the City Commission Directed Revisions(Jacob Miller) G. Consent II G.1 Ordinance 2064, Final Adoption to Establish the Bridger Veterinary Specialty Hospital Zone Map Amendment to Designate Approximately 2.0099 Acres as B-2, Community Business District, Application 20184( Rogers) H. Public Comment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment Bozeman City Commission Meeting Agenda, January 26, 2021 2 relating to that item but you may only speak once. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. I. Special Presentation I.1 State of the City Address I.2 Short Term Rental Update(Winn) J. Action Items J.1 Resolution 5251 Amending the Fiscal Year 2021 (FY21) Budget for the General Fund for the Purpose of the Equity Indicators and Gaps Analysis(Donald/Hess) J.2 Resolution 5253 Amending the Fiscal Year 2021 (FY21) Budget for the Stormwater Fund for the Purposes of Covering Capital Construction Costs(Donald) K. Work Session K.1 Community Housing Builders Panel(Andreasen) L. Appointments L.1 Appointment to the Pedestrian and Traffic Safety Committee (PTSC) (Maas) M. FYI / Discussion N. Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. Bozeman City Commission Meeting Agenda, January 26, 2021 3 Memorandum REPORT TO: City Commission FROM: Marcy Yeykal, Accounting Technician Kristin Donald, Finance Director SUBJECT: Accounts Payable Claims Review and Approval MEETING DATE: January 26, 2021 AGENDA ITEM TYPE: Finance RECOMMENDATION: The City Commission approves payment of the claims. STRATEGIC PLAN: 7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: Section 7-6-4301 MCA states that claims should not be paid by the City until they have been first presented to the City Commission. Claims presented to the City Commission have been reviewed by the Finance Department to ensure that all proper supporting documentation has been submitted, all required departmental authorized signatures are present indicating that the goods or services have been received and that the expenditure is within budget, and that the account coding is correct. UNRESOLVED ISSUES: Please approve checks from January 20th and January 27th, due to no meeting on January 19th. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at http://www.bozeman.net/government/finance/purchasing Individual claims in excess of $100,000: to be announced in weekly e-mail from Accounts Payable Clerks Marcy Yeykal and Levi Stewart. Report compiled on: December 17, 2020 4 Memorandum REPORT TO: City Commission FROM: Laurae Clark, Treasurer Kristin Donald, Finance Director SUBJECT: Appoint a sub-committee of two commissioners to review pledged securities as of December 31, 2020 MEETING DATE: January 26, 2021 AGENDA ITEM TYPE: Finance RECOMMENDATION: Appointment of Commissioner Pomeroy and Commissioner Wallner to review the depository bonds and pledged securities as of December 31, 2020. STRATEGIC PLAN: 7.4 Performance Metrics: Utilize key performance and cost measures to monitor, track and improve the planning and delivery of City programs and services, and promote greater accountability, effectiveness and efficiency. Learn from those outside city government and measure specific tasks for performance. BACKGROUND: 17-6-102. Insurance on deposits. (1) Deposits in excess of the amount insured by the federal deposit insurance corporation or the national credit union administration may not be made unless the bank, building and loan association, savings and loan association, or credit union first delivers to the state treasurer or deposits in trust with some solvent bank, as security therefore, bonds or other obligations of the kinds listed in 17-6-103, having a market value equal to at least 50% of the amount of the deposits in excess of the amount insured. The board of investments may require security of a greater value. When negotiable securities are placed in trust, the trustee's receipt may be accepted instead of the actual securities if the receipt is in favor of the state treasurer, successors in office, and the state of Montana and the form of receipt and the trustee have been approved by the board of investments. (2) Any bank, building and loan association, savings and loan association, or credit union pledging securities as provided in this section may at any time substitute securities for any part of the securities pledged. The substituted collateral must conform to 17-6-103 and have a market value at least sufficient for compliance with subsection (1). If the substituted securities are held in trust, the trustee shall, on the same day the 5 substitution is made, forward by registered or certified mail to the state treasurer and to the depository financial institution a receipt specifically describing and identifying both the securities substituted and those released and returned to the depository financial institution. Section 7-6-207 (2), MCA requires the City Commission to approve pledged securities at least quarterly. The Commission appoints two commissioners quarterly on a rotating basis. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: The City is sufficiently pledged. Attachments: Commission Memo - Pledged Securities - Appoint Sub- Committee 1220.doc Depository Bonds & Securities 1220.doc Report compiled on: January 13, 2021 6 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Laurae Clark, Treasurer Kristin Donald, Finance Director SUBJECT: Appoint a sub-committee of two commissioners to review pledged securities as of December 31, 2020. MEETING DATE: January 26, 2021 AGENDA ITEM TYPE: Consent RECOMMENDATION: Appointment of Commissioner Pomeroy and Commissioner Wallner to review the depository bonds and pledged securities as of December 31, 2020. BACKGROUND: 17-6-102. Insurance on deposits. (1) Deposits in excess of the amount insured by the federal deposit insurance corporation or the national credit union administration may not be made unless the bank, building and loan association, savings and loan association, or credit union first delivers to the state treasurer or deposits in trust with some solvent bank, as security therefore, bonds or other obligations of the kinds listed in 17-6-103, having a market value equal to at least 50% of the amount of the deposits in excess of the amount insured. The board of investments may require security of a greater value. When negotiable securities are placed in trust, the trustee's receipt may be accepted instead of the actual securities if the receipt is in favor of the state treasurer, successors in office, and the state of Montana and the form of receipt and the trustee have been approved by the board of investments. (2) Any bank, building and loan association, savings and loan association, or credit union pledging securities as provided in this section may at any time substitute securities for any part of the securities pledged. The substituted collateral must conform to 17-6-103 and have a market value at least sufficient for compliance with subsection (1). If the substituted securities are held in trust, the trustee shall, on the same day the substitution is made, forward by registered or certified mail to the state treasurer and to the depository financial institution a receipt specifically describing and identifying both the securities substituted and those released and returned to the depository financial institution. Section 7-6-207 (2), MCA requires the City Commission to approve pledged securities at least quarterly. The Commission appoints two commissioners quarterly on a rotating basis. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None 7 Attachments: Depository Bonds and Securities Report as of December 31, 2020 Report Compiled on: January 13, 2021 8 DEPOSITORY BONDS AND SECURITIES AS OF December 31, 2020 MATURITY CUSIP NO/LOC NO. TOTAL AMOUNT US BANK All Accounts Federal Deposit Insurance Corporation-Operating Accts $ 250,000.00 Federal Deposit Insurance Corporation-CD $ 250,000.00 LOC-FHLB Cincinnati 01/15/2021 552755 $ 15,000,000.00 TOTAL – US Bank $ 15,500,000.00 FIRST SECURITY BANK All Accounts Federal Deposit Insurance Corporation $ 250,000.00 Celina TX ISD REF GO UNLTD BD 08/15/2033 151145NX3 $ 1,185,000.00 Celina TX ISD REF GO UNLTD BD 08/15/2034 151145NY1 $ 1,235,000.00 TOTAL - First Security Bank $ 2,670,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6- 207, M.C.A., have this day certified the receipts of the First Security Bank and US Bank, for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of December 31, 2020, by the banks of Bozeman and approve and accept the same. _____________________________________________ CYNTHIA L. ANDRUS, Mayor _______________________________________ _______________________________________ TERRY CUNNINGHAM, Deputy Mayor I-HO POMEROY, Commissioner _______________________________________ _______________________________________ MICHAEL WALLNER, Commissioner JENNIFER MADGIC, Commissioner 9 PLEDGED SECURITIES AND CASH IN BANK As of December 31, 2020 US BANK Total Cash and CD's on Deposit $5,501,891.24 FDIC Coverage $500,000.00 Amount Remaining $5,001,891.24 Pledges Required 104% $5,201,966.89 Actual Pledges $15,000,000.00 Over (Under) Pledged $9,798,033.11 FIRST SECURITY BANK CD's $2,000,000.00 FDIC Coverage $250,000.00 Amount Remaining $1,750,000.00 Pledges Required 50% $875,000.00 Actual Pledges $2,420,000.00 Over (Under) Pledged $1,545,000.00 REFERENCE: Section 7-6-207, M.C.A. 10 Memorandum REPORT TO: City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT: Set Date for Nelson Meadows Appeal of Impact Fee Administrative Decision on Impact Fee Credit Request 20-01 MEETING DATE: January 26, 2021 AGENDA ITEM TYPE: Administration RECOMMENDATION: Set hearing date of February 2, 2021 for Nelson Meadows Appeal of Impact Fee Administrative Decision on Impact Fee Credit Request 20-01. STRATEGIC PLAN: 4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND: In 1996, the City of Bozeman established impact fees for land development to enable infrastructure construction to support new development. The impact fee provisions of the municipal code are in Chapter 2, Article 6, Division 9. The City Commission has delegated certain decisions related to impact fees to the staff. Administrative decisions are subject to appeal as set out in 2.06.1700.J. The appellant requested an impact fee credit for certain improvements. Staff considered the request and the City Manager determined that some of the requested items did not meet the required criteria for impact fee credits. The appellant appeals the determination of the City Manager regarding qualification for impact fee credits to the City Commission. The City Commission needs to set a date for consideration of the appeal. Appeal materials will be provided for City Commission review with the packet for the determined date. UNRESOLVED ISSUES: None. ALTERNATIVES: Select an alternate date. FISCAL EFFECTS: None at this time. Report compiled on: January 12, 2021 11 Memorandum REPORT TO: City Commission FROM: Phillipe Gonzalez, Historic Preservation Specialist Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT: Authorize the Mayor to Sign a Certified Local Government Grant Application for 2021-2022 with the Montana State Historic Preservation Office MEETING DATE: January 26, 2021 AGENDA ITEM TYPE: Grant RECOMMENDATION: Authorize the Mayor to sign a Certified Local Government Application for 2021-2022 with the Montana State Historic Preservation Office. STRATEGIC PLAN: 4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: This is a consent item for the Mayor's signature on the Bozeman Certified Local Government grant application for 2021-2022 with the Montana State Historic Preservation Office. The Grant award is $6,000 and requires a 60/40 match. The $6,000 grant match award has historically supported historic preservation outreach, architectural survey and education programming. As an agreement of the contract, historic preservation planning staff submits a report biannually to the Montana State Historic Preservation Office, detailing activities of the Historic Preservation Board and the how the funds have been used. UNRESOLVED ISSUES: None. ALTERNATIVES: None. FISCAL EFFECTS: The grant award is a matching grant and would require the City of Bozeman to provide $3,600. The city match is provided through the funding of the Historic Preservation Specialist position and requires no additional funding. Attachments: Grant Application with Montana State Historic Preservation Office .pdf Report compiled on: January 13, 2021 12 13 Big Sky* Big Land. Big Histoiy. Montana Historical Society Memorandum To: From: Date: Re: Historic Preservation Officers Kate Hampton, CLG Coordinator December 23, 2020 CLG Grant Application for 2021-2022 For this grant cycle, we will continue the semi-annual and final reporting/reimbursement cycle to help reduce some of the reporting requirements and to provide a better system for summarizing CLG activities for the National Park Service. Please note the corresponding schedule below. Note: Quarterly requests for reimbursement, not to exceed half of the total grant, can continue to be submitted, as long there is sufficient cash and in-kind match for the amount requested (40% of the total federal share). Please remember to provide sufficient documentation to determine the allowabilityofthe charges reimbursed, including pay stubs, invoices, donated services forms with original signatures, and other supporting documents. Requests to reimburse the full amount of funding can be submitted with the six-month progress report, as long as sufficient activity, cash, and in-kind match has been documented. 2021-2022 Schedule - Dates to Remember December 23, 2020 February 12, 2021 Upon Receipt and Approval March 19, 2021 April 1, 2021 September 30, 2021 October 30, 2021 March 31, 2022 April 30, 2022 Grant for 2020-2021: Announcement of Funds CLG Grant Applications Due to SHPO SHPO Mails CLG Agreements for Signatures Both Signed Agreements to SHPO 12-Month Funding Cycle Begins Mid-Point of Funding Cycle Six-Month Progress Report & Request for Reimbursement due Funding Cycle Ends Final Progress Report and Request for Reimbursement due As of this writing, the US Congress has not appropriated this federal fiscal year's budget. However, we anticipate offering annual grants for the same amounts as the previous funding cycle. That means if you received $6000 last year, you may apply for $6000 again this year. Those who received $1500 - $2000 last year can apply for $1500 - $2000 this year. However, until the US Congress has finalized the appropriation, the CLG grants are subject to increase or decrease. Enclosed you will find the annual grant application that MT SHPO offers for certified CLGs. CLG Program Grant Application Due: Friday, February 12,2021 1 14 CLG Application Notes and CLG Reminders: 1. Remember annual CLG training is required. At least one person from each CLG's preservation program must attend a SHPO-approved training between April 1, 2021 and March 1,2022. 2. The state mileage rate is $0.575 per mile. The lodging reimbursement rate is $96.00 per night plus taxes (may vary by location, check with SHPO for rates). 3. Volunteer time reimbursement rate is $23.66 (unless a person is volunteering their time in an official professional capacity; then they can record their regular professional services pay rate, up to $81.75/hr., in place of the volunteer rate). 4. Please attach a list of the historic preservation board members, their professional discipline or citizen membership, term (year ending) and contact information (include email addresses if available). Please notify us of any changes that have occurred. If you have new board members, please send us their current resume for our record. 5. Please continue submitting your meeting minutes with your progress reports. They have been very helpful with our reporting requirements. Agendas are helpful but not necessary. 6. In the Scope of Work, please tie your tasks to your local government's and/or historic preservation commission's Preservation Plan. If not, please explain why. 7. Contact Kate to see if we need a copy of your current Preservation Plan. These can be sent electronically. 8. Consider looking to other state and federal grants to supplement your program. Remember, the SHPO CLG grant cannot be used as federal match, or vice versa. Annual CLG Program Funding We anticipate 16 Montana communities enrolling in the CLG program this grant cycle. Each year, we are required by the National Park Service to pass-through at least 10% of our annual funding to CLGs. This coming year, we anticipate allocating $87,835.00 to the CLGs. Investment in the CLG program is not only a wise use of our funds but crucial to preservation efforts in our state, and we will continue to look for opportunities to increase CLG funding. We stress public outreach in the CLG program. Please continue your outreach programs and develop new ones to involve all ages in your community. Consider hosting a community roundtable to announce progress, events, and awards for your local historical and cultural groups, local government officials, and the public. Please provide a copy of this correspondence to your CLG Board or Commission for their review and assistance. The application form requires a copy of your meeting minutes that confirm your application was discussed and approved by the Board/Commission. Please verify the current Tax-ID for your organization, or the organization through which you receive your payments, (your CLG local government) 2 15 Guidelines for 2020-2021 CLG Grant Eligibility CLG guidelines include the following: 1. CLG program grants must be matched on at least a 60/40 basis, cash and/or in-kind. 2. To qualify for the maximum 12-month funding level - $6,000.00 - CLGs must have a Historic Preservation Officer working at least 80 hours per month. The local historic preservation program must have an established address, telephone number, and message retrieval system. (Hours may not be carried forward or back into another month.) 3. Maximum grant amount of $6,000.00 can be used towards salaries, operating costs, and/or special projects. Check with SHPO to ensure your proposed project qualifies for funding under the grant. Minimum match is $4,000.00, and match above minimum is always greatly appreciated. 4. CLGs must submit a Six-Month Progress Report and a Final Report, including meeting minutes, and Requests for Reimbursement that meet reporting requirements and are delivered on-time. 5. Unspent CLG funds revert to SHPO. Reverting funds may jeopardize the CLG's future funding. For more guidance on administering CLG funds in Montana, please refer to the Montana Certified Local Government Manual, https://mhs.mt.gov/Shpo/Communitypres.aspx, as well as the NPS Historic Preservation Fund Grants Manual, https://www.nDs.gov/preservation-grants/manual/HPF Manual.pdf. Components of 2021-2022 Complete Grant Application 1. Completed CLG Application form, including: a. Contact information b. Scope of work c. Detailed budget table d. Sources of revenue/funding e. Signed CLG and Commission form 2. List of current CLG Commission members (including contact information, i.e. email) 3. An electronic version of the Preservation Plan. Either a link to where the plan is available on the web or via email to Kate. 4. Copy of Tax ID/Employer Identification Number, if new. If you have any questions regarding this application, please contact us: CLG Program Inquiries: Kate Hampton 406-444-7742 k h ampto n @mt.gov 3 16 Certified Local Government Grant Application April 1, 2021 to March 31,2022 Application Deadline February 12, 2021 Montana State Historic Preservation Office PO Box 201202 Helena, MT 59620-1202 (406) 444-7715 4 17 2021-2022 GRANT APPLICATION CERTIFIED LOCAL GOVERNMENT PROGRAM Certified Local Government: City of Bozeman Address: 20 E. Olive St. Bozeman, MT 59711-1230 Contact Person: Phillipe Gonzalez Tax ID: 81-6001238 Period of Grant Request: April 1, 2021 to March 31, 2022 Scope of Work: The National Park Service asks we grant funds to CLGs for kinds and levels of work that reflect increasing sophistication, skills, and roles by the Preservation Officers, in other words, tasks that reflect improvement in community thinking. For this section, please itemize regular work duties (not including special projects) - products or projects starting or completing, meetings to be attended, etc., and more specifically, ways in how the federal grant funds will help thejocal program to_grow_and_deyeloe. Please tie your tasks to your community's Preservation Plan. If not, please explain. (1""I Check if Scope of Work is continued on additional pages.) The City of Bozeman Historic Preservation program is well established and continues to reinvest in preservation activities. The City of Bozeman Historic Preservation Specialist reviews all Certificate of Appropriateness applications within the National Register Historic Districts and Neighborhood Conservation Overlay District. The city has for the last two years engaged the services of a local Cultural Resource Management firm Metcalf Archaeology, Inc. to continue historic architecture surveys within the historic core of Bozeman as reflected in the City Strategic Plan (4.2 High Quality Urban Approach). Additional future work for the calendar year include updating existing Historic District nominations, continued architecture survey and a new Historic Preservation plan as recommended in both City Strategic Plan and the newly adopted Growth Policy Goal N-4: Continue to encourage Bozeman's sense of place. Federal grant funds and professional assistance helps the city of Bozeman in completing the preservation goals of the city. 5 18 BUDGET 4-1-2021to 3-31-2022 Budget Cash Amount Cash Source In-kind Amount In-kind Source Total A. Salaries, Wages, Benefits $62,819.10 $56,819.10-CL $6,000-F $62,819.10 B. Office Rental C. Equipment D. Supplies & Materials Itemize major categories E. Postage F. Telephone &Internet G. Photocopies H. Preservation Commission Number of hours X * rate X number of members X number of meetings 2 Hours $23.66 7 Members 12 Meetings Voluntary Advisory Board $3,974.88 I. Volunteers Hours X* rate X number of volunteers. 6 19 J. Travel Mileage Number of miles X $0.58. Include funds for HPO and/or Commissioners to attend CLG annual training K. Travel Meals # of Meals X rate: Breakfast-$5.00 Lunch - $6.00 Dinner-$12.00 L. Lodging $94.00 plus tax X number of nights M. Project (s) Expenses-fully itemized N. Other Expenses- fully itemized. M.Total Expenses SOURCE KEY: F-FederaI CI-City CO-County NP- Private/Non-Profit *Federally approved minimum rate for volunteers is $23.66 per hour. 7 20 SOURCES OF REVENUE/FUNDING AMOUNT Itemized Cash Match Source City of Bozeman HPO Salary & Benefits $62,819.10 Itemized In-Kind Match Source Historic Preservation Advisory Board $3,974.88 Federal HPF Grant Request from SHPO Federal HPF Grant Request SHPO $6,000 TOTAL REVENUE 8 21 Certified Local Government Historic Preservation Commission Chairperson oLPresident Signature Date Name (typed) Address Telephone *!|!***!|C***************S|ei(:************!|=*******!|:**************** Certified Local Government Chief Elected Official Signature Date Name (typed) Title Address Telephone (The local government administrator may sign in addition to the Chief Elected Official.) ***i|<********S|:*i|:i|!***!|!!i:***!|<S|!*************************i|e* ******* Certified Local Government Historic Preservation Officer Signature Date Name (typed) Address Telephone *******S(;**i|;**i|;***!|eS|(*******S|i****>|(*****!|<!|c***!|=*************** Please attach the meeting minutes (or an alternate way in writing) at which your application was discussed and approved by the Preservation Board/Commission. Please attach a list of the historic preservation board members' names citizen membership, terms (year ending), their professional discipline or status as a citizen member on the board, and contact information. 9 22 Memorandum REPORT TO: City Commission FROM: Cody Flammond, Engineer II Shawn Kohtz, City Engineer Mitch Reister, Director of Public Works SUBJECT: Authorize the City Manager to Sign a Conditional Offer of Dedication with Glen Haven Properties, Inc. for the Mountain Vista Housing Complex Project (20358) MEETING DATE: January 26, 2021 AGENDA ITEM TYPE: Agreement - Property RECOMMENDATION: Authorize the City Manager to sign a Conditional Offer of Dedication with Glen Haven Properties, Inc. for the Mountain Vista Housing Complex project (20358). STRATEGIC PLAN: 4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND: Attached is a copy of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the Commission. FISCAL EFFECTS: None. Attachments: Irrevocable Offer of Dedication Report compiled on: January 5, 2021 23 24 25 26 27 Memorandum REPORT TO: City Commission FROM: Griffin Nielsen, PE, Engineer II Shawn Kohtz, PE, City Engineer Mitch Reister, PE, Director of Public Works SUBJECT: Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Billings Clinic for Infrastructure Improvements for the Billings Clinic Master Site Plan Project (20216) MEETING DATE: January 26, 2021 AGENDA ITEM TYPE: Agreement - Property RECOMMENDATION: Authorize the City Manager to sign a conditional irrevocable offer of dedication with Billings Clinic for infrastructure improvements for the Billings Clinic Master Site Plan project (20216). STRATEGIC PLAN: 4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND: Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None. Attachments: City of Bozeman Conditional Irrevocable Offer of Dedication Report compiled on: January 13, 2021 28 29 30 31 Memorandum REPORT TO: City Commission FROM: Shawn Kohtz, City Engineer Mitch Reister, Director of Public Works SUBJECT: Authorize the City Manager to Sign a Memorandum of Understanding with Montana State University to Complete a Pilot Project for Modern Treatment Wetland Technology MEETING DATE: January 26, 2021 AGENDA ITEM TYPE: Agreement - Agency/Non-profit RECOMMENDATION: Authorize the City Manager to sign a Memorandum of Understanding with Montana State University to complete a pilot project for Modern Treatment Wetland Technology. STRATEGIC PLAN: 4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND: Treatment wetlands offer an inexpensive option for tertiary treatment of already high quality effluent from mechanical systems and enable those facilities to meet the highest attainable levels of treatment. Additional data is required to determine removal efficiencies (and hence flow based estimates) for Montana specific conditions; however, rough sizing criteria indicate an area as small as 40 acres would effectively treat the 8.5 million gallons per day (gpd) design flow of the Bozeman Water Reclamation Facility. As part of a greater project piloting several different wetland technologies, MSU will design, assist in construction and monitor water quality from a pilot tertiary wetland system to remove nutrients from effluent of the Bozeman Reclamation facility. This project will help the City understand effectiveness and provide a design basis to use Modern wetland technology for nutrient removal at the City’s Water Reclamation Facility. This technology could prove a cost effective means to provide additional nutrient removal and help meet future discharge requirements associated with the City’s Montana Pollutant Discharge Elimination System (MPDES) permit. This project will be a partnership between MSU, the Montana State Department of Environmental Quality (DEQ), and the City. DEQ is expected to provide grant funds for the project in addition to the City funds proposed in the attached MOU. 32 UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the Commission. FISCAL EFFECTS: The estimated cost for the first phase of this project is $30,000, which includes design of the pilot facility. City Commission approved Wastewater Fund Project WWIF50 – Joint MSU/DEQ Pilot in fiscal year 2021 for $30,000 for pilot system design. City Commission recently approved the City Capital Improvements Plan for Fiscal Years 2022-2026. $50,000 is included in each of fiscal years 2022, 2023, and 2024 of the City Capital Improvements Plan for construction and operations of the pilot system, including analysis of the results. Attachments: Memorandum of Understanding between MSU and City of Bozeman Exhibit A: Memorandum of Collaboration - Piloting Modern Treatment Wetland Technology for Montana Report compiled on: January 11, 2021 33 Page 1 MEMORANDUM OF UNDERSTANDING between MONTANA STATE UNIVERSITY and CITY OF BOZEMAN for Collaborative Coursework Projects through the Community-Engaged and Transformational Scholarship (CATS) Program This Memorandum of Understanding (“MOU”) for collaborative coursework projects is by and between the City of Bozeman (“City”) and Montana State University (“MSU”); each entity referred to as a “Party” to this MOU, and together these entities are referred to as the “Parties.” WHEREAS the City and MSU have enjoyed a long history of collaboration and partnership serving the community; and WHEREAS the MSU CATS Program seeks to match community identified needs and projects with university capacity and expertise while enhancing student engagement with opportunities to apply skills in real contexts; and WHEREAS the City and MSU desire to collaborate on various coursework projects (“Projects”) by teaming City staff and MSU students and faculty from multiple academic disciplines using the Educational Partnerships for Innovation in Communities Network (Epic-N) model; and WHEREAS the City intends to dedicate staff time and resources for the Projects, subject to budget approval by the City Commission, and MSU intends to create opportunities for its students to participate and earn university credit; and WHEREAS this MOU outlines the roles, responsibilities and cost-share of the Parties, and is intended to be flexible and may be amended from time to time as necessary and agreed to by the Parties. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Term. This MOU will commence on the date last signed, and will terminate on June 30, 2023. The term may be extended for additional two-year terms by mutual written agreement of the Parties. 34 Page 2 2. Project Memoranda of Collaboration (“MOC”). Each Project will be described on a separate Project MOC, signed by the Parties. Each Project MOC will describe the specific services to be performed by and responsibilities of the Parties for that Project, including but not limited to: Description and purpose of the Project; Identified Project objectives and deliverables; Timeline and major milestones; Specific responsibilities of the City and MSU; Project costs and allocation; City and MSU Project-specific contact information; Any additional terms the Parties agree to include for the specific Project. In the event of a conflict between an MOC and this MOU, the terms in the MOC will control. The MOC(s) will be incorporated herein and subject to the terms of this MOU. 3. Modification. Modifications to this MOU will be made by mutual consent of the Parties in writing, signed and dated by each. 4. Termination. Either Party may terminate this MOU at any time by providing written notice to the other Party. 5. Ownership of Deliverables. Each party shall retain ownership of its own work product. Each party hereby grants to the other party a non-exclusive, royalty free, worldwide perpetual license to use, copy, and distribute work product and information provided to and shared between the parties pursuant to this MOU for any lawful purpose. 6. Advertising. Either Party may advertise or share information concerning the Projects in any form and with any media without the consent of the other Party subject to any specific restrictions detailed in each MOC. 35 Page 3 7. Relationship of the Parties. The Parties agree MSU’s faculty, students, agents, employees, and consultants performing the tasks described in MOCs are not to be considered employees of the City for workers compensation or any other purpose, and are not subject to the terms and provisions of the City’s employee handbook. The City acknowledges and agrees that the projects will be performed by enrolled students under the supervision of faculty for academic credit. The students are not professionals and MSU makes no representation that the services provided under particular MOCs are professional services provided by independent contractors. The projects are undertaken to provide students practical experience as part of the graduate or undergraduate educational experience. 8. Indemnification. Each party hereto agrees to be responsible and assume liability for its own wrongful or negligent acts or omissions, or those of its officers, agents or employees to the full extent required by law. 9. Insurance. The City will maintain insurance coverage for personal injury and property damage suffered by City’s officials, employees, and agents arising out of or related to this MOU. MSU, as a state agency, warrants and represents that it is self- funded for liability insurance, both public and property, with such protection being limited to the officers, employees, servants and agents of Montana State University while acting within the scope of their employment. The parties further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Montana; (2) the consent of the State of Montana or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Montana beyond the waiver provided in Title 2, Ch. 9, Montana Codes Annotated. 10. Nondiscrimination and Equal Pay. The Parties agree that all hiring of persons performing under this MOU will be on the basis of merit and qualifications. The Parties have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Parties will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. Further, The Parties represent they are in compliance with the requirements of the Equal Pay 36 Page 4 Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). The Parties will require these nondiscrimination and equal pay terms of contractors providing services under this MOU. 11. No Joint Venture. Nothing contained in this MOU shall be construed to create any partnership or agency relationship between the Parties for any purpose, action, or transaction, including those related to this MOU. This MOU does not create a joint venture or any form of separate legal entity 12. No Third Party Beneficiary. This Agreement is for the exclusive benefit of the Parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 13. Appropriation. The Parties agree that City funding for the Projects is subject to budget approval by the City Commission and the City does not guarantee availability of funding for Projects in any fiscal year. 14. Representatives. MSU and City contacts for purposes of this MOU are: MSU Name: Susan Gallagher Address: PO Box 174250 Bozeman, MT 59717-4250 Email: sgallagher@montana.edu City Name: Shawn Kohtz Address: PO Box 1230 Bozeman, MT 59771-1230 Email: skohtz@bozeman.net IN WITNESS WHEREOF, this MOU has been executed by a duly authorized representative of each Party as of the day and year written below. 37 Page 5 Montana State University: 1/7/21 _________________________________________ ____ _________ Date Print Name: ___Craig Woolard__________________ Title: _Head of Department of Civil Engineering, Montana State University_ CITY OF BOZEMAN: _______________________________ ________________________ Jeff Mihelich Date City Manager, City of Bozeman 38 EXHIBIT A MEMORANDUM OF COLLABORATION Piloting Modern Treatment Wetland Technology for Montana Pursuant to the Memorandum of Understanding for collaborative coursework projects (“MOU”) between the City of Bozeman (“City”) and Montana State University (“MSU”) effective _________, the Parties agree as follows: 1. Project. Piloting Modern Treatment Wetland Technology for Montana (“Project”). 2. PROJECT CONTACTS. i) City Project Contact Shawn Kohtz, 406-582-2288, skohtz@bozeman.net Brian Heaston, 406-582-2282, bheaston@bozeman.net Tom Radcliffe, 406-582-2928, tradcliffe@bozeman.net ii) MSU Project Contacts Otto Stein, 406 994- 6121 ottos@montana.edu Christopher R. Allen 994-2161 christopher.allen1@montana.edu Ellen G. Lauchnor 994-2134 ellen.lauchnor@montana.edu Craig Woolard 994-7402 craig.woolard@montana.edu 3. PROJECT PURPOSE AND OBJECTIVES. Treatment wetlands offer an inexpensive option for tertiary treatment of already high quality effluent from mechanical systems and enable those facilities to meet the highest attainable levels of treatment. Additional data is required to determine removal efficiencies (and hence flow based estimates) for Montana specific conditions, however, rough sizing criteria indicate an area as small as 40 acres would effectively treat the 8.5 million gallons per day (gpd) design flow of the Bozeman Water Reclamation Facility. As part of a greater project piloting several different wetland technologies, MSU will design, assist in construction and monitor water quality from a pilot tertiary wetland system to remove nutrients from effluent of the Bozeman Reclamation facility. A full project description is attached. 4. FINAL DELIVERABLES/WORK PRODUCT. A written report of all research findings will be delivered to Montana Department of Environmental Quality and the City upon completion of the monitoring period. The City will have access to all preliminary findings and City personnel will have input on operation of the pilot systems. 5. ROLES AND RESPONSIBILITIES. i) The City agrees to: Provide funding to MSU in the amount of $30,000 per the City’s currently approved Capital Improvements Plan (FY 2021) to support the implementation and design of the Project per City’s Wastewater Fund Number WW50 39 Propose funding for construction and operation of the pilot system for City Commission consideration in the total amount of $150,000 over three years including fiscal years 2022-2024. Provide space at the City’s Water Reclamation Facility near the headworks, primary clarifiers, and effluent discharge locations of the plant for the duration of the pilot study Provide data and documentation of previous work products (e.g., program documents, reports, market studies, plans and maps) that may be related to the memorandum of collaboration Convene team of City staff to facilitate project development and provision of technical assistance Offer technical assistance to the extent staff capacity allows for that assistance Have at least one City staff member present at students’ final presentations Communicate any issues or concerns regarding project to MSU Project Lead Enable access to the research site Provide water quality monitoring data for the treatment plant ii) MSU agrees to: Design and oversee construction of several pilot wetlands systems at the Bozeman Water Reclamation facility including systems for raw, partially treated, and polishing of fully treated wastewater Work with City Public Works and reclamation facility personnel to site and maintain pilot infrastructure Support graduate student(s) dedicated to monitoring of the pilot wetland systems Present Project findings to City, and others as deemed necessary Develop draft and final report to be released to City in electronic format, no more than four months after the end of the project Communicate any issues or concerns regarding Project to City staff 6. TIMELINE, MAJOR MILESTONES AND TASKS September, 2020: Proposed Start date March, 2021: submittal of draft construction details for City review May, 2021: Commence construction August, 2021 Limited operation and monitoring to enhance plant growth May, 2022 Full operation and data collection commences September, 2024 Submission of Final Report 7. BUDGET AND PAYMENT. Year 1: $30,000 Years 2-4: TBD in consultation with Montana Department of Environmental Quality and City Commission. The City Commission recently approved the City Capital Improvements Plan for Fiscal Years 2022-2026. $50,000 is included in each of fiscal years 2022, 2023, and 2024 of the City Capital Improvements Plan for construction and operation of the pilot system including analysis of the results. 40 Memorandum REPORT TO: City Commission FROM: Dani Hess, Neighborhoods Coordinator Brit Fontenot, Economic Development Director SUBJECT: Authorize the City Manager to Sign a Professional Services Agreement with Thomas P. Miller & Associates to Conduct Equity Indicators & Gaps Analysis MEETING DATE: January 26, 2021 AGENDA ITEM TYPE: Agreement - Vendor/Contract RECOMMENDATION: Authorize the City Manager to sign a professional services agreement with Thomas P. Miller & Associates to conduct equity indicators & Gaps analysis. STRATEGIC PLAN: 3.3 Friendly Community: Ensure Bozeman continues to welcome diversity through policies and public awareness. BACKGROUND: The Equity Indicators and Gaps Analysis project is a critical first step to collect data and engage community members preceding the planning and development of an Equity and Inclusion Summit and Plan for the City of Bozeman. Community engagement and data collection during this process will help identify inequities across race, ethnicity, gender identity, ability, and socioeconomic status in our community. Data will also inform the creation of a set of equity indicators to serve as a baseline for the City to monitor and track our progress in addressing inequities over time. Additionally, the work will include a gaps analysis to evaluate current capacities–both as a City and a community—to address the inequities found during data collection and engagement efforts. The project is expected to be complete in Summer 2021. Thomas P. Miller & Associates has been selected as the firm to lead this effort. Their team’s expertise in the Diversity, Equity & Inclusion space as well as with engagement, data collection, and analysis will be essential throughout the project. Local agency partners working to provide health, housing, and other community services in the Bozeman area were involved throughout the process of selecting a firm. The following team members committed their time, insight, and perspective while evaluating proposals and participating in interviews with firms: Christopher Coburn – Bozeman Health Damian Guillen – Gallatin City County Health Department Lila Fleishman – HRDC 41 Marianne Brough – Montana State University Brit Fontenot - City of Bozeman, Economic Development Tara Preston - City of Bozeman, GIS Kesslie Carlson-Hamm – City of Bozeman, GIS Anna Saverud - City of Bozeman, Attorney Melody Mileur - City of Bozeman, Communications Dani Hess - City of Bozeman, Neighborhoods Program Throughout the project, additional stakeholders, community organizations, and BIPOC voices will help guide and participate in this work. Anyone interested in engaging in this project are encouraged to reach out to Dani Hess at dhess@bozeman.net. UNRESOLVED ISSUES: None. ALTERNATIVES: As the Commission directs. FISCAL EFFECTS: This PSA is associated with Resolution 5251 Amending the Fiscal Year 2021 (FY21) Budget for the General Fund. The Resolution amends the General Fund Appropriation line item that was for the City Manager Contingency to have $75,000 be used for the Equity Indicators and Gaps Analysis Project. The total cost for this project is not to exceed $75,000. Attachments: PSA for Equity Indicators & Gaps Analysis 1-14-2021.pdf Exhibit A for Equity Indicators & Gaps Analysis 1-14-2021.pdf Report compiled on: January 14, 2021 42 Professional Services Agreement for Equity Indicators & Gaps Analysis FY 2020 – FY 2021 Page 1 of 13 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 26 th day of January, 2021 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Thomas P. Miller & Associates, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 26th day of January, 2022, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor an amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the 43 Professional Services Agreement for Equity Indicators & Gaps Analysis FY 2020 – FY 2021 Page 2 of 13 Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 44 Professional Services Agreement for Equity Indicators & Gaps Analysis FY 2020 – FY 2021 Page 3 of 13 Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under 45 Professional Services Agreement for Equity Indicators & Gaps Analysis FY 2020 – FY 2021 Page 4 of 13 this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. 46 Professional Services Agreement for Equity Indicators & Gaps Analysis FY 2020 – FY 2021 Page 5 of 13 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately 47 Professional Services Agreement for Equity Indicators & Gaps Analysis FY 2020 – FY 2021 Page 6 of 13 in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Ownership and Publication of Materials: All reports, information, data, and other materials prepared by the Contractor pursuant to this Agreement, except those separately identified in the Scope of Services or in other written agreements between the parties, are owned by the City. The City has authority to release, publish or otherwise use, in whole or part, reports, information, data and other materials prepared by Contractor pursuant to this Agreement, except those separately identified in the Scope of Services or in other written agreements between the parties. 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. 12. Representatives and Notices: 48 Professional Services Agreement for Equity Indicators & Gaps Analysis FY 2020 – FY 2021 Page 7 of 13 a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Dani Hess or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Krystal Gibson or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 13. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 49 Professional Services Agreement for Equity Indicators & Gaps Analysis FY 2020 – FY 2021 Page 8 of 13 14. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. 50 Professional Services Agreement for Equity Indicators & Gaps Analysis FY 2020 – FY 2021 Page 9 of 13 The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level 51 Professional Services Agreement for Equity Indicators & Gaps Analysis FY 2020 – FY 2021 Page 10 of 13 personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 52 Professional Services Agreement for Equity Indicators & Gaps Analysis FY 2020 – FY 2021 Page 11 of 13 31. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 32. Extensions: this Agreement may, upon mutual agreement, be extended or expanded. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA _Thomas P. Miller & Associates_____ CONTRACTOR (Type Name Above) By________________________________ By____________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 53 Professional Services Agreement for Equity Indicators & Gaps Analysis FY 2020 – FY 2021 Page 12 of 13 Exhibit A – SCOPE OF SERVICES A. Equity Indicators & Gaps Analysis Project Overview Thomas P. Miller & Associates (Contractor) will engage local partners and community members to collect data on community-wide equity outcomes as well as gaps in services available from the City and community partners. Data from local, state, federal agencies, community organizations, and secondary data sources (census) will be disaggregated by race, ethnicity, disability, gender identity, and other socioeconomic indicators. A final report will include data collection and engagement findings, results from the service gaps analysis, methodology, graphic representations of data detailing inequities, and recommendations for how to mitigate inequities found. Contractor will also develop living equity indicators that can be updated and maintained with available data sources that the City will use to track ongoing progress and recommendations to mitigate inequities. The data collection and indicator development work will be managed by Contractor, who will work with internal City staff and community members throughout the process. Contractor will demonstrate cultural proficiency, engaging diverse and representative groups of internal City and external community stakeholders to cultivate an inclusive and equitable process. Community members will be involved throughout the process in a variety methods (such as through the formation and guidance of a stakeholder advisory group, focus groups, virtual and in-person meetings in places of trust and safety, etc.), and assist in helping select which data sets to include, to the analysis subsequently performed and development of equity indicators. B. Phase 1: Data collection and stakeholder mapping Task 1.1: Project Initiation Review the scope of work, timeline for completion, identify major issues to be addressed in the project, identify which previous efforts and studies contain information relevant to this project, and identify points of City staff contact, as well as work with City staff contacts to begin to list out stakeholders, individuals and organizations, that should be engaged throughout the process. Task 1.2: Background Research Identify existing data sources, including those from local agencies and organizations. Identify gaps in existing data and identify new data sources. Begin crafting potential framework for ethical data collection, storage, usage, analysis, and reporting. Task 1.3: Stakeholder Engagement Using a stakeholder mapping framework that highlights differing levels of influence and impact, plan inclusive engagement processes for community member participation in the following key processes: · Data collection process and framework; · Identification of which data sets to collect; · Framework for data analysis; · Development of equity indicators 54 Professional Services Agreement for Equity Indicators & Gaps Analysis FY 2020 – FY 2021 Page 13 of 13 Task 1.4: Data Collection Implement data collection process as planned in coordination with community stakeholders. C. Phase 2: Data Analysis Task 2.1: Analyze Data Sets to Determine Equitability of Experience Analyze existing and newly collected data to determine any existing inequities or disparities in community experience. Compile and disaggregate by race, ethnicity, and gender identity comprehensive data sets across various equity indicators, including but not limited to: · Mental health burden · Education · Economic opportunity and inclusion · Social inclusion and belonging · Environmental justice · Food security · Affordability (including housing stability, attainment, and housing location relative to employment/economic opportunity) · Criminal justice · Accessibility · City Services Task 2.2: Perform Gap Analysis Perform gap analysis to ascertain the City’s internal capacity and that of community partners to address any inequities that are uncovered. Task 2.3: Draft Final Report Draft a preliminary report early in the process documenting findings of data, gap analysis, and present to City staff. The final report will include methodology, framework, visual representations of data, the results of the gaps analysis, and record of public engagement methods and results. D. Phase 3: Develop Equity Indicators Draft a list of equity indicators the City should track to monitor progress based on emergent themes from data collection process and what community has expressed an interest in tracking. Project Deliverables 1. Final Report summarizing: a. Findings of data disaggregated by race, ethnicity, and gender identity where possible in visual and engaging formats b. Results of gaps analysis c. Data collection and public engagement methodology, framework, and records 2. List of equity indicators and sources of corresponding data sets disaggregated by race, ethnicity, and gender identity where possible 3. Recommendations for addressing gaps in services and advancing progress in equity indicators Project Cost: The total cost for this project is not to exceed $75,000. 55 Memorandum REPORT TO: City Commission FROM: David Fine, Urban Renewal Program Manager Brit Fontenot, Economic Development Director SUBJECT: Authorize the City Manager to Sign Term Contract Task Order NE21-002 with Sanderson Stewart for Front Street Improvements Design and Construction Administration Services in the Northeast Urban Renewal District MEETING DATE: January 26, 2021 AGENDA ITEM TYPE: Agreement - Vendor/Contract RECOMMENDATION: Authorize the City Manager to Sign Task Order NE21-002. STRATEGIC PLAN: 2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND: The Northeast Urban Renewal District’s (the “District”) approved Work Plan and Budget for Fiscal Year 2021 included funding for engineering, the reconstruction of the gap between recently completed street work on Tamarack St. and forthcoming reconstruction of the intersection of Ida and Front St. that will be completed as part of the Cottonwood and Ida project. Designing and ultimately constructing this section will allow for a seamless transition between street facilities in the area that are constructed to current city standards. The Task Order covers design and construction administration services to facilitate this work. UNRESOLVED ISSUES: None. ALTERNATIVES: At the discretion of the City Commission. FISCAL EFFECTS: Funding for this Task Order is included in the Northeast Urban Renewal Board’s recommended Fiscal Year 2021 Work Plan and Budget for the Northeast Urban Renewal District. Sanderson Stewart will bill for its services on a lump sum basis not to exceed $29,600. Attachments: URD Task Order Form NE21-002 (Exhibit A).docx NE21-002_Front St Design_CA_SOW_082720.pdf Report compiled on: January 6, 2021 56 57 City of Bozeman Urban Renewal District Term Contract Task Order Number #NE21-002 PROJECT: Front Street Improvements – Design & Construction Administration Services Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Sanderson Stewart for Architectural and Engineering Services. This Task Order is dated January ___, 2021 between the City of Bozeman Economic Development Department and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: City: David Fine, Urban Renewal Program Manager Contractor: Danielle Scharf, Sanderson Stewart SCOPE OF WORK: The scope for this task order is detailed in the attached City of Bozeman Urban Renewal District Scope of Work – Task Order Number NE21-002. COMPENSATION: Sanderson Stewart will bill for its services on a lump sum basis with a project total of $29,600.00. Sanderson Stewart shall submit invoices to the City of Bozeman for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “percentage of completion method” whereby Sanderson Stewart will estimate the percentage of the total work (provided on a lump sum basis) accomplished during the invoicing period. The provisions of the Professional Services Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Sanderson Stewart Jeff Mihelich, City Manager Danielle Scharf, Principal 58 Urban Renewal District Term Contract Scope of Work – Task Order No. NE21-002 Front Street Improvements – Design & Construction Administration Services 8/27/20 Sanderson Stewart is pleased to provide this scope of work for design, bidding and construction administration services for street improvements on Front Street from Tamarack Street to Ida Avenue. This work is to be done as a part of the Urban Renewal District term contract for architectural and engineering services. The project includes construction of new curb, gutter and sidewalks for approximately 200 lineal feet along Front Street from the recently constructed Tamarack Street improvements to the proposed new Ida Avenue improvements. A detailed list of assumptions and scope of services for the project are outlined below. Scope of Work: Phase 1 – Project Initiation This phase of the project will include project initiation and planning tasks, including scoping and preparation of the task order. Phase 2 – Topographic Survey and Measure Downs This phase of the project includes a detailed topographic survey of the project area. Base drawings will be developed in Autocad format and will include the survey previously conducted by Sanderson Stewart for the Ida Avenue improvements. This phase also includes measure downs at existing utility manholes and inlets within the project area. Phase 3 – Road Design This phase of the project will include design of the street improvements including plan/profile sheets, cross-sections and details. This phase includes preliminary design services, an Infrastructure Plan submittal to the City of Bozeman Engineering Division, and final design services to be completed upon receipt of review comments. This phase will also include preparation of the project manual including specifications and draft bid documents, as well as the engineer’s opinion of probable cost. Phase 4 – Construction Bidding This phase of the project will consist of construction bidding services, including the following: 59 Page 2 of 3 • Prepare bid advertisement • Contractor coordination throughout bidding, prepare up to two addenda • Facilitate pre-bid meeting, prepare agenda and distribute minutes • Attend bid opening, prepare bid tabulation and recommendation of award letter • Process contract documents for a single contract (four copies) Phase 5 – Construction Administration and Inspection This phase of the project will consist of construction contract administration and construction observation tasks, including the following: • Facilitate pre-construction meeting, prepare agenda and distribute minutes • Shop drawing review • Construction observation and documentation based on assumed observation for 4 hours each day and a 30-calendar day construction contract • Respond to Contractor RFI’s • Construction materials testing coordination and review • Process pay applications submitted by Contractor and any necessary work change directives, verify material quantities on all contractor pay requests • Process the Certificate of Substantial Completion, coordinate final inspection, prepare punch lists and verify completion • Prepare as-built (record) drawings • Prepare City of Bozeman close-out submittal • Conduct two-year warranty walkthrough, prepare punch list and verify completion The following items are specifically excluded from this scope of work: • Geotechnical analysis/report (by amendment if needed) • Wetland permitting and mitigation • Erosion control plans • Agency permitting beyond City of Bozeman review • Lighting design • Landscape design • Traffic analysis or design of other traffic control improvements • Right-of-way acquisition • Materials testing (by contractor or City term contract) • Construction staking (by contractor) • SWPPP permitting and operation (by contractor) 60 Page 3 of 3 Fees and Billing Arrangements: Phase Fee 1. Project Initiation $490 2. Topographic Survey and Measure Downs $1,900 3. Road Design $9,960 4. Construction Bidding $2,720 5. Construction Administration and Inspection $14,530 Total $29,600 Sanderson Stewart will bill for its services on a lump sum basis with a project total of $29,600. Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “percentage of completion method” whereby Sanderson Stewart will estimate the percentage of the total work (provided on a lump sum basis) accomplished during the invoicing period. Project Schedule: The anticipated schedule for this project will be approximately 4 months for design and bidding services from the date of authorization to proceed. Construction administration services will be based on the anticipated 30-calendar day construction contract. 61 Memorandum REPORT TO: City Commission FROM: Mitch Reister, PE, Director of Public Works SUBJECT: Ordinance 2058 Final Adoption Amending Chapter 34.02 of the Bozeman Municipal Code to Update Bonding and Permitting Requirements for Work on Public Streets, Establishing Lane/Shoulder/Path Closure Mitigation Fees, Establishing Specific Penalties, and Updating of Language Within the Chapter MEETING DATE: January 26, 2021 AGENDA ITEM TYPE: Ordinance RECOMMENDATION: I move to finally adopt Ordinance 2058 amending Chapter 34.02 of the Bozeman Municipal Code to update bonding and permitting requirements for work on public streets, establishing lane/shoulder/path closure mitigation fees, establishing specific penalties, and updating of language within the Chapter. STRATEGIC PLAN: 3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND: On January 12, 2021, the City Commission provisionally adopted Ordinance 2058 amending Chapter 34.02 of the Bozeman Municipal Code (BMC) which prohibits the obstruction of streets and public places unless permission is granted by the City through a permitting process. The intent of these amendments is to discourage heavy use of the public rights-of-way that impact the safety and travel of the public. They add lane/shoulder/path mitigation fees based on the square footage and length of time the public space will be encroached upon. They also allow the Director of Public Works to remove obstructions, without notice, from the rights-of-way if they are determined to be an immediate threat to the public. Anyone violating Chapter 34.02 will be subject to penalties ranging from $250 for the first violation, $500 for a second violation, and $500 and the possibility of imprisonment for a third violation that occurs within a one-year period. Anyone violating this chapter more than twice in six-months risks ineligibility of obtaining another permit for a period of one-year. UNRESOLVED ISSUES: None. 62 ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None. Attachments: Ord. 2058 Final Adoption Amending Chapter 34.02 of BMC Report compiled on: January 13, 2021 63 Page 1 of 9 ORDINANCE NO. 2058 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 34.02 OF THE BOZEMAN MUNICIPAL CODE TO UPDATE BONDING AND PERMITTING REQUIREMENTS FOR WORK ON PUBLIC STREETS, ESTABLISHING LANE/SHOULDER/PATH CLOSURE MITIGATION FEES, ESTABLISHING SPECIFIC PENALTIES, AND UPDATING OF LANGUAGE WITHIN THE CHAPTER. WHEREAS, on March 17, 2003, the City Commission of the City of Bozeman adopted Ordinance 1591, the most recent update to Chapter 34.02 of the Bozeman Municipal Code; and WHEREAS, with the passage of time, changing operational conditions for City streets, alleys, sidewalks, trails, and paths have been realized due to the increased population of Bozeman as well as demands placed on the same due to rapid growth and development within the City; and WHEREAS, public safety concerns associated with the obstruction of streets, alleys, sidewalks, trails, and paths due to private construction activities that are unpermitted by the City or do not otherwise comply with City-issued permit conditions, have become more prevalent; and WHEREAS, public safety and street maintenance concerns associated with the obstruction of streets, alleys, sidewalks, trails, and paths due to commercial snow plowing operations 64 Page 2 of 9 depositing snow from private properties onto public rights of way have also become more prevalent; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Chapter 34, Article 2, Bozeman Municipal Code, shall be amended as follows and any sections within not amended herein shall remain in effect: ARTICLE 2. - STREET MAINTENANCE Sec. 34.02.010. - Street names to be as shown on official map. The several streets, avenues, alleys and public places and extensions of the same in the city shall hereafter be known and designated by the name applied thereto respectively on the maps and plats of the city, and additions, filed in the offices of the city clerk and the county clerk and county recorder. Sec. 34.02.020. - Streets and public places to be kept clear of obstructions and debris. Except as otherwise provided by this Codecode, streets, avenues, alleys and public places of the city, including sidewalks, trails, and paths, shall at all times be kept free, clear and clean of all obstructions, debris, encumbrances and encroachments which hamper or interfere with the free and safe use thereof by the public. Sec. 34.02.030. - Work in streets; permit required; interfering with authorized work prohibited. A. No person shall impede, obstruct, or tear up any pavement, sidewalk, or crosswalk, trail, or path, or any part thereof; dig any hole, shaft, ditch or drain; or dig or remove any sod, earth, stones, sand or gravel from any street, avenue, alley, trail, path, andor public place without first having obtained a permit from the director of public works; or hinder or obstruct the 65 Page 3 of 9 making or repairing of any public improvement or work ordered or done by, or under the authority of the city. B. Permits for excavations in paved streets, or alleys, trails, or paths shall be subject to an application fee and a pavement degradation fee as established by resolution. Newly constructed streets, reconstructed streets, or streets that have been repaved shall be considered protected streets for a period of five years following construction. Permits for excavations in protected streets shall be subject to an additional pavement degradation surcharge as established by resolution. C. All applicants requesting permits to excavate in any public right-of-way shall either file or have on file with the director of public works a street opening performance and maintenance bond prior to conducting any work in the public right-of-way. The company writing the bonds shall be licensed to do business in the state. D. All applicants requesting permits to excavate in any public right-of-way shall either file or have on file with the director of public works proof of general liability insurance coverage in an amount and of a quality acceptable to the city, prior to conducting any work in the public right-of-way. The insurance company shall be licensed to do business in the state. E. The city manager may establish the amount of bonding and insurance coverages required shall be as established by resolutionadministrative order. F. Pavement degradation fees or surcharges shall not be required for emergency utility repair work; installation of new fire sprinkler service lines required by the city fire marshal, if no alternate connection point is available; or for infrastructure improvement work being done under the city's capital improvements program. G. Pavement degradation fees shall be deposited into the street maintenance fund; permit application fees shall be deposited in the public works administration fund. Sec. 34.02.040. - Obstructing or encumbering streets; permit required. A. No person, association, company or corporation shall encumber or obstruct, or cause to be encumbered or obstructed any street, avenue, alley, trail, path, or other public place in the city by placing therein or thereon any building materials, trash, garbage, rubbish, debris, accumulated snow and ice removed from an adjoining private premises, or any article or 66 Page 4 of 9 thing whatsoever, without first having obtained permission in writing a street obstruction permit from the director of public works department. B. Applications for street or path obstructions will be subject to a permit fee and a lane/shoulder/path mitigation fee as established by the public works director. Lane/shoulder/path mitigation fees will be charged on a square foot per day basis for travel and bike lanes, shoulders, and/or sidewalks encumbered by the permittee. Complete closures of streets will be assessed the aforementioned mitigation fees based on the area of the street from the point of closure to the nearest intersection(s) with an open public street. Sec. 34.02.050. - Structures in streets; permit required. No building or other structure, in whole or in part, shall be erected or placed upon any street, avenue, alley, trail, path, or public place within the city without permission in writing of the director of public works first had and obtained.having first been obtained. Sec. 34.02.060. - Obstructions; warning signals required. When permission shall have has been granted, as provided in this article, for the use of any portion of a street, avenue, trail, path, or public place of the city for any purpose whatsoever, the permittee shall cause warning devices, lights, and protection to be set in such number and location in and about said street, avenue, alley, trail, path or public place as will serve to, and give reasonable, proper and timely warning of danger or hazard to all persons lawfully using such street, avenue, alley, trail, path, or public place, or any part thereof, and shall take all other reasonably necessary precautions to prevent accidents injury to the public. The warning devices, lights, and protection shall be maintained between dusk and dawn of each and every day the street, avenue, alley, trail, path, or public place is rendered hazardous or unsafe for usual and customary use. For permitted work that affects vehicle, bicycle, or pedestrian traffic, warning devices, lights, and protection shall meet current Manual on Uniform Traffic Control Devices requirements unless otherwise approved by the director of public works. Failure or omission to protect against accidents injury to the public, as in this section provided, shall forthwith work constitute a forfeiture of any permit which may have been granted with reference thereto. 67 Page 5 of 9 Sec. 34.02.070. - Removal of litter or obstructions; notice; work performed by city when; costs. The director of public works is authorized to order any article or thing whatsoever, including but not limited to accumulated snow and ice removed from an adjoining private premises, parking area, driveway, trail, path, or sidewalk, which encumbers, litters or obstructs any street, avenue, alley, trail, path, or other public place within the city, to be removed. If such removal is not made within six hours after notice to the owner or person in charge thereof to remove the same, or if the owner cannot be readily found for the purpose of such notice, the director of public works shallmay cause the same to be removed to some suitable place to be designated by the director,. If the director determines the unauthorized obstruction to be an imminent threat to public health, safety, and/or property, the director is authorized to immediately cause removal the same without notice. Regardless of notice provided, removal of any unauthorized obstruction shall be at the expense of the person, corporation or association responsible therefor, and under the pains and penalties as hereinafter provided for violations of this article. Sec. 34.02.080. - Removal of obstructions; time limit; interfering when work performed by city prohibited. Any building, fence, porch, steps, gallery or other obstruction now upon or hereafter placed or erected upon any street, avenue, alley, trail, path, or public place within the city, or which may be upon any new street, avenue, alley, trail, path, or public place which may hereafter be opened or created within the city, shall be removed therefrom within such reasonable time, not exceeding 30 days, and not less than three days after notice in writing has been given to the owner or person responsible for such obstruction shall be given by the director of public works; and if the owner or person responsible for such obstruction cannot be readily found for the purpose of such notice, it shall be the duty of the director of public works to cause the obstruction to be removed, in the director's discretion; and the expense of such removal shall be recoverable from the owner or person responsible for the obstruction in addition to the penalties herein provided; and every person who interferes with, resists or 68 Page 6 of 9 obstructs by acts or threats, or in any other manner, the removal of such obstruction under the order or direction of the director of public works, is guilty of a violation of this article. Section 2 That a new section shall be added to Chapter 34, Article 2, Bozeman Municipal Code, to read as follows: Sec. 34.02.090. – Violations; penalties. The violation of any provision of this article by any person, association, company or corporation shall be subject to the penalties provided as follows: A. A first violation shall carry a penalty not to exceed two hundred fifty dollars, not including statutory assessments. B. A second violation within one year shall carry a penalty not to exceed five hundred dollars, not including statutory assessments. C. A third violation within a one-year period shall carry a penalty not to exceed five hundred dollars, be punishable by imprisonment in jail for a period not to exceed ninety days, or both such fine and imprisonment. D. In addition to any penalties assessed herein, permits duly issued pursuant to this article may be immediately revoked upon any violation of this chapter, as determined by the director of public works. Permittees under this chapter who have had a permit revoked more than two times in a six-month period shall be ineligible to apply for another permit for one year. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of 69 Page 7 of 9 the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification Instruction. The provisions of Section 1 shall be codified as appropriate in Title 34 of the Bozeman Municipal Code. Section 7 Effective Date. 70 Page 8 of 9 This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of _________________, 2021. ______________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _____________________________________ MIKE MAAS City Clerk FINALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _______of __________________, 2021. ______________________________ CYNTHIA L. ANDRUS Mayor ATTEST: 71 Page 9 of 9 _____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ______________________________ GREG SULLIVAN City Attorney 72 Memorandum REPORT TO: City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT: Ordinance 2059, Final Adoption of the Bozeman Cohousing Text Amendment, to Create a New Residential Type, Apartment Building, Limited, Establish Standards for the Type, and Assign it to the R-3, R-4, R-5 and R-O Zoning Districts with Associated Standards MEETING DATE: January 26, 2021 AGENDA ITEM TYPE: Ordinance RECOMMENDATION: Final adoption of Ordinance 2059, the Bozeman Cohousing text amendment. STRATEGIC PLAN: 4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND: This ordinance began with a privately initiated proposal to create a new residential use, Apartment Building, Limited. The purpose is to add additional flexibility in site and home configuration while remaining consistent in mass and scale with the residential uses already allowed. This is accomplished by allowing a greater number of homes in a specific building but restricting the maximum floor area of dwellings and common spaces. An Apartment Building, Limited may be an individual building on an individual lot or may be part of a larger development project. On January 5, 2021, the City Commission held a public hearing to consider the Bozeman Cohousing text amendment. After considering the application materials, public comment, and staff report, the City Commission unanimously approved provisional adoption of Ordinance 2059. UNRESOLVED ISSUES: None. ALTERNATIVES: As identified by the City Commission. FISCAL EFFECTS: None identified. Attachments: 20195 Ordinance 2059 Bozeman Cohousing ZCA Final Adoption.docx 73 Report compiled on: January 5, 2021 74 Ord XXX Page 1 of 8 ORDINANCE 2059 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO AMEND TABLE 38.310.030.A TO ESTABLISH A NEW RESIDENTIAL USE OF APARTMENT BUILDING, LIMITED AND STANDARDS FOR THAT USE, TABLE 38.320.030.A TO ESTABLISH MINIMUM LOT AREAS FOR THE USE, AND CREATE A NEW 38.360.070 FOR SUPPLEMENTAL USE CRITERIA FOR APARTMENT BUILDING, LIMITED AND RENUMBERING FOLLOWING SECTIONS. WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Section 76-2-304, MCA; and WHEREAS, the City’s adopted growth policy encourages a diversity of housing types and opportunities; and WHEREAS, residential zoning districts have been created with standards relating to mass and scale of buildings as contributing elements to the visual character of individual districts; and WHEREAS, all residential zoning districts provide for a variety of housing options within the mass and scale standards of the districts; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Table 38.310.030.A of the Bozeman Municipal Code be amended as follows: Table 38.310.030.A Permitted general and group residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 75 Ordinance No. 2059, Bozeman Cohousing Text Amendment Page 2 of 8 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Uses Zoning Districts R- S R- 1 R- 2 R- 3 R- 4 R- 5 R- O1 RMH General residential Accessory dwelling units* - attached (38.360.040) P P P P P P P — Accessory dwelling units* - detached (38.360.040) P P P P P P P — Apartments/apartment building* — — — — P P P — Apartment building, limited 4 — — — P P P P — Cottage housing (38.360.110)* P P P P P P P P Manufactured homes on permanent foundations(38.360.160)* P P P P P P P P Manufactured home communities* — — — — — — — P Single-household dwelling (38.360.210) P P P P P P P P Two-household dwelling (38.360.210) — — P P P P P — Three household dwelling or four-household dwelling (38.360.210) — — — P P P P — Townhouses* & rowhouses* (two attached units)(38.360.240) P 2 P2 P P P P P P 3 Townhouses* & rowhouses* (five attached units or less) (38.360.240) — — — P 3 P P P — Townhouses* & rowhouses* (more than five attached units) (38.360.240) — — — — P P P — Group residential 76 Ordinance No. 2059, Bozeman Cohousing Text Amendment Page 3 of 8 Community residential facilities* with eight or fewer residents P P P P P P P P Community residential facilities* serving nine or more residents — — — S P P P — Cooperative household* S S S P P P P S Family day care home* P P P P P P P P Group day care home* P P P P P P P P Group living (38.360.150)* P P P P P P P P Lodging houses* — — — S P P P — Transitional and emergency housing (38.360.135)* and related services S S S S S S S S Notes: 1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. 2. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of division 38.380, Affordable Housing. May only be utilized in developments subject to division 38.380 of this article. 3. In the R-3 district, townhouse groups must not exceed 120 feet in total width. 4. Supplemental Use Criteria for Apartment Building, Limited are in 38.360.070. Section 2 That Table 38.320.030.A of the Bozeman Municipal Code be amended as follows: Table 38.320.030.A Minimum and maximum lot area Table clarification: 1. Where a code reference or link appears after the form and intensity topic, the use is subject to standards set forth in that section or chapter. 2. If a number appears in the box, refer to the development condition with the corresponding 77 Ordinance No. 2059, Bozeman Cohousing Text Amendment Page 4 of 8 number immediately following the table. If there are multiple numbers, then all development conditions apply. Use Type/Standard Zoning District R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Minimum lot area per dwelling (square feet)1 (38.320.030.A) Single-household dwelling 4,000 1 4,000 1 4,000 1 4,000 1 4,000 1 3,000 1 4,000 1 3,000 1 Single-household dwelling (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) 2,700 2,700 2,700 2,700 2,700 2,700 2,700 2,700 Two-household dwellings — — 2,500 1 2,500 1 2,500 1 2,500 3,000 — Two household dwellings (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) — — 2,500 2,500 2,500 2,500 2,500 — Lot area per dwelling in three- or four- household dwelling configurations — — — 3,000 3,000 None 3,000 — Lot area per dwelling in three- or four- household dwelling configurations (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) — — — 2,500 2,500 None 2,500 — Townhouses & rowhouses — — 3,000 2 3,000 3 3,000 3 None 3,000 Ordinance No. 2059, Bozeman Cohousing Text Amendment Page 5 of 8 Apartments and Apartment Building, Limited —First dwelling — — — — 5,000 None 5,000 — Apartments and Apartment Building, Limited —Each dwelling after the first — — — — 1,200 None 1,200 — Apartment Building, Limited – each dwelling — — — 3,000 — — — — Apartments—Each dwelling after the first (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) — — — — 900 None 900 — Additional area required for an accessory dwelling unit 1,000 4 1,000 1,000 1,000 1,000 None 1,000 — All other uses 5,000 1 5,000 1 5,000 1 5,000 1 5,000 1 None 5,000 1 5,000 1 Maximum lot area (net acres) (38.320.020.A) Residential use — — — 2.5 5 2.5 5 2.5 5 2.5 5 — Notes: 1. In order to comply with the standards contained in this chapter, lot area in excess of the required minimum may be needed (for corner lots, parking, landscaping or large residential structures, for example), and may be necessary for property adjacent to watercourses, ridgelines, or other environmental features in order to provide an appropriate buildable area on the lot. 2. Per townhouse lot or rowhouse dwelling. 3. For townhouse or rowhouse clusters, the lot area per dwelling may be averaged within the cluster. 4. Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet. 5. Departures from the maximum lot size requirements may be allowed where the planned development fits into the context of the neighborhood and proposed pedestrian and vehicular circulation measures meet community objectives. 79 Ordinance No. 2059, Bozeman Cohousing Text Amendment Page 6 of 8 Section 3 That a new 38.360.070 of the Bozeman Municipal Code be created as follows and the existing 38.360.070 and all subsequent sections be renumbered as needed: 38.360.070 Apartment Building, Limited A. Apartment Building, Limited is subject to the following: 1. No fewer than five or more than eight dwellings in a single building. 2. Do not exceed 120 feet in width or length and 10,000 square feet in maximum floor area within all dwellings, attached parking structures, and parking spaces internal to the building combined. Common interior spaces are not included in the calculation of the 10,000 square feet maximum area. Common interior spaces means enclosed spaces which are designed for use by occupants of more than a single dwelling. Examples include but are not limited to elevators, shared stairs, walkways, atriums, laundry rooms, and mail rooms. 3. The maximum area of common interior spaces attached to or included within an individual Apartment Building, Limited is : a. 1,000 square feet plus 250 square feet per dwelling in the individual building; and b. If an Apartment Building, Limited is part of a larger development, and there are common spaces attached to the building to serve the larger development, an additional 150 square feet per dwelling in the larger development is allowed to be added to the common interior spaces attached to an Apartment Building, Limited. 4. Departure criteria. Departures to the above standards that feature the symbol will be considered by the review authority provided the alternative proposal meets the intent of the standards, plus the following criteria. a. A departure may be granted to alter the proportion of area of common interior spaces to area of dwellings. The criteria for the departure is the combined area of dwelling area and common interior spaces does not exceed 13,000 square feet. b. A departure for additional building length or width may be granted on lots larger than 24,000 square feet at a rate of 1 linear foot of building length or width per 3,500 square feet of lot area in excess of 24,000 square feet up to 160 total lineal feet of building length or width. c. Departures must demonstrate the additional common area or length/width meets the intent of the Apartment Buildings, Limited designation to allow more flexibility in building form and dwelling unit arrangement while also being consistent with the mass and scale of medium density zoning districts. 80 Ordinance No. 2059, Bozeman Cohousing Text Amendment Page 7 of 8 Section 4 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 6 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 7 Codification. This Ordinance shall be codified as indicated in Section 1 – 3. Section 8 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 81 Ordinance No. 2059, Bozeman Cohousing Text Amendment Page 8 of 8 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 2020. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2021. The effective date of this ordinance is __________, __, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 82 Memorandum REPORT TO: City Commission FROM: Jacob Miller, Planner I Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT: Ordinance 2062, Provisional Adoption to Revise Language for Clarity and Consistent Application of First Floor Required Height Standards in Five Mixed-Use and Non-Residential Zoning Districts, and Revise Paragraph A.1 of Subchapter 4b of the Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District. No changes to Maximum Height Dimensional Standards are Included with this Amendment. Revise Affected Sections to Implement the City Commission Directed Revisions MEETING DATE: January 26, 2021 AGENDA ITEM TYPE: Ordinance RECOMMENDATION: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20147 and provisionally adopt Ordinance 2062, the Building Heights Part 1 Text Amendment. STRATEGIC PLAN: 4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: This text amendment will revise language for clarity and consistent application of first floor required height standards in five non-residential zoning districts, and revise paragraph a.1 of subchapter 4b of the Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District. This text amendment has been revised based on guidance received through public comment and the City Commission meeting held on December 15, 2020. No changes to maximum height dimensional standards are included with this amendment. Revise affected sections to implement the revisions. At the public hearing, the City Commission directed a change in wording in response to public comment. That change caused a need to adjust additional sections for consistency in wording throughout Chapter 38 of the municipal code. This text amendment has been modified to reflect direction received from public comment and the City Commission meeting held on December 83 15, 2020. Staff determined that the changes were not significant enough to justify separate findings and therefore the staff report from December 15th stands as originally presented to the City Commission. Due to the changes and after discussion with City legal staff it was decided it was appropriate to have the City Commission again provisionally adopt the revised amendment. UNRESOLVED ISSUES: None. ALTERNATIVES: 1. Provisional adoption of the ordinance with minor modifications to the recommended ordinance; 2. Direct modifications to the ordinance as determined to be appropriate using the following alternative City Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby move to direct staff to make appropriate revisions to the ordinance to [state what is to be accomplished] and bring back an implementing ordinance. 3. Denial of the ordinance based on findings of non-compliance with the applicable criteria contained within the staff report prepared for the December 15, 2020 meeting; or 4. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. FISCAL EFFECTS: No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this amendment. Attachments: 20147 Building Height amendments Ordinance 2062.docx Report compiled on: January 6, 2021 84 Page 1 of 13 ORDINANCE NO. 2062 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA REVISING THE BOZEMAN MUNICIPAL CODE TO CHANGE THE FLOOR TO CEILING HEIGHT STANDARD TO FLOOR TO FLOOR HEIGHT BY AMENDING TABLE 38.320.050 (TABLE OF FORM AND INTENSITY STANDARDS— NON-RESIDENTIAL AND OTHER MIXED-USE DISTRICTS), AMENDING 38.330.010 – UMU DISTRICT – SPECIAL STANDARDS, TABLE 38.510.030.B (STOREFRONT BLOCK FRONTAGE STANDARDS), 38.510.030.M.2.e., AND REVISING PARAGRAPH A.1 OF SUBCHAPTER 4B OF THE BOZEMAN GUIDELINES FOR HISTORIC PRESERVATION AND THE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT RELATED TO FLOOR TO FLOOR HEIGHT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Section 76-2-304, MCA; and WHEREAS, City is committed to reviewing and improving the Unified Development Code; and WHEREAS, the City has developed a platform to submit revisions to the Unified Development Code to improve overall functionality and ease of use; and WHEREAS, it has been identified that Table 38.320.050 and the related footnotes do not address certain elements of the content related to floor-to-ceiling height with adequate clarity; and WHEREAS, it has been identified that the terminology, floor-to-floor height is a widely accepted industry standard; and 85 Ordinance 2062, Building Height Clarification Revisions Page 2 of 13 WHEREAS, 38.110.010, BMC, adopts the “Guidelines for historic preservation and neighborhood conservation overlay district” by reference; andWHEREAS, it is in the interests of the City and public welfare to revise the Bozeman Municipal Code to provide clarifying language and increase the ease of use of the UDC. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Table 38.320.050 – Table of Form and Intensity Standards – Non-Residential and Other Mixed-Use Districts, of the Bozeman Municipal Code be amended as follows: Standard Zones Commercial Zoning Districts UMU Industrial Zoning Districts PL I NEHM U B-1 B-2 B-2M B-3 BP M-1 M-2 Lot and floor area standards Minimum lot area (square feet) (38.320.020.A) 5,00 0 — - - — 43,56 0 7,500 — — 5,000 1 Minimum lot width (feet) (38.320.020.A) 50 100 — — — 150 75 100 — 50 Maximum lot coverage (38.320.020.C) 100 % 100% 100% 100% 100% 4 60% 100 % 100 % - 40%— 100% 5 86 Ordinance 2062, Building Height Clarification Revisions Page 3 of 13 Minimum floor area ratio (38.320.020.C) — — — — 0.50 — — — — — Building height standards (feet) (38.320.020.E) Minimum building height — — — — 22 6 — — — — — Maximum building height Variable 8 55/70 9 55 10 45 45 — 45 Minimum floor to ceiling floor height of ground floor 13 15 21 13 15 21 13 15 21 13 15 21 13 15 21 — — — — — Roof pitch < 3:12 34 38 7 38 7 Roof pitch 3:12 or > 38 44 7 44 7 Minimum setback (feet) (38.320.020.F) Front Setback Front setback provisions are set forth in the block frontage standards in division 38.510. 25 11,17 20 11 20 11 0 Ordinance 2062, Building Height Clarification Revisions Page 4 of 13 Side or Rear Setback Adjacent to Alley 5 5 5 5 5 5 5 5 5 Parking & loading areas (feet) Note 15 Note 15 Front Setback Note 11 Note 11 Note 11 Note 11 Note 11 Note 11 Note 11 Note 11 Rear Setback 10 16 10 16 5 16 0 17 - — — Side Setback 8 16 8 16 5 16 0 17 - - - Garages and special parking standards Residential Garages — Note 18 Note 18 Note 18 — — — — — Note 18 Special Parking Standards Note 19, 20 Note Ordinance 2062, Building Height Clarification Revisions Page 5 of 13 7. B-2 height exceptions: a. Maximum height may be increased by up to a maximum of 50 percent when the zoning district is implementing a regional commercial and services growth policy land use designation. b. Maximum height otherwise cumulatively allowed by this section may be increased by 30 percent through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. 8. B-2M height limits: a. For buildings designed for non-residential or mixed-use: Five stories or 60 feet (whichever is less), provided the top floor of five-story buildings within 30 feet of the front property line feature has a stepback of at least ten feet from the front face of the building. b. For buildings designed for single purpose residential use: Four stories or 50 feet (whichever is less). c. An area, not to exceed a total of ten percent of the floor area which is located at street level, may extend above the maximum building height by up to 12 feet. 9. Maximum building height in the B-3 district must be 55 feet in the district core area and 70 feet outside of the core area. 10. Maximum building height may be increased by up to but not more than an additional 25 feet when structured parking is provided per section 38.330.040.E.2, and when determined to be in compliance with the review criteria of 38.230.100. 11. Front setback provisions are set forth in the block frontage standards in division 38.510 and in 38.350.070. 12. In the PLI district, there is no setback requirement except when a lot is adjacent to another district. The setbacks then must be the same as those in the adjacent district. The setback requirements of RS must be interpreted as those of R-1. 13. The minimum rear setback is five feet for accessory buildings. 14. Zero lot lines are allowed per 38.350.050.B. 15. All vehicle entrances into garages must be no closer than 20 feet to a property line, unless explicitly authorized otherwise under this chapter. 16. Side and rear setbacks for parking may be allowed to be zero feet when coordinated parking arrangements between adjacent properties are provided. 17. Rear and side setbacks adjacent to alleys must be at least five feet. 89 Ordinance 2062, Building Height Clarification Revisions Page 6 of 13 18. Garage location standards: for single to four-household uses, see 38.350.070. 19. This chapter provides opportunities for parking requirements to be met by shared and off- site parking as allowed by division 38.540 of this chapter. 20. Non-residential and multi-household developments are subject to the block frontage standards of division 38.510. 21. Floor-to-floor height is defined as the height between each floor plate in a building measured from the top of the ground floor to the top of the floor above. This standard applies to non-residential buildings, mixed use buildings, and apartment buildings. Section 2 That 38.330.010 – UMU district – Special Standards of the Bozeman Municipal Code be amended as follows with the remaining elements of the section to remain as presently written: E. Building standards. 1. Building design. See division 38.520 for applicable standards for all development types. 2. Floor-to-floor heights and floor area of ground-floor space. a. All commercial floor space provided on the ground floor of a mixed-use building must have a minimum floor-to-ceiling height of 13 feet. b. All commercial floor space provided on the ground floor of a mixed-use building must contain the following minimum floor area: (1) At least 800 square feet or 25 percent of the lot area (whichever is greater) on lots with street frontage of less than 50 feet; or (2) At least 20 percent of the lot area on lots with street frontage of 50 feet or more. 3. Street-level openings on parking structures must be limited to those necessary for retail store entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator lobbies. Parking structures adjacent to streets must have architectural detailing such as, but not limited to, standard size masonry units such as brick, divided openings to give the appearance of windows, and other techniques to provide an interesting and human-scaled appearance on the story adjacent to the sidewalk. 90 Ordinance 2062, Building Height Clarification Revisions Page 7 of 13 Section 3 That Table 38.530.010.B – Storefront block frontage standards, of the Bozeman Municipal Code be amended as follows: Table 38.510.030.B Storefront block frontage standards Element Standards( refers to departure opportunities, see subsection 38.510.030 below) Examples & Notes Ground floor Land use Non-residential uses specified in 38.310.040, except for lobbies associated with residential or hotel/motel uses on upper floors. Floor to ceiling floor height of ground floor 13 15' minimum (applies to new buildings only). Non-residential space depth 20' minimum (applies to new buildings only). Building placement Required at front property line/back edge of sidewalk. Additional setbacks are allowed for widened sidewalk or pedestrian-oriented space (38.520.060.D). Building entrances Must face the street. For corner buildings, entrances may face the street corner. Façade transparency At least 60% of ground floor between 30" and 10' above the sidewalk for primary facades and 40% of ground floor between 30" and 10' above the sidewalk for secondary facades. Display windows may count for up to Window area that is glazed over or covered in any manner that obscures visibility into the storefront space shall not count as transparent window area. 91 Ordinance 2062, Building Height Clarification Revisions Page 8 of 13 50% of the transparency requirement provided they are at least 30" in depth to allow for changeable displays. Tack-on display cases do not qualify as transparent window areas. Weather protection Weather protection with 8-15' vertical clearance at least 5' in average depth along at least 60% of façade. Retractable awnings may be used to meet these requirements. Parking location Also see division 38.540 of this division for related parking requirements New surface and structured parking areas (ground floor) must be placed to the side or rear of structures and are limited to 60' of street frontage. Provide a 6' minimum buffer of landscaping between the street and off street parking areas meeting the performance standards of division 38.550. Sidewalk width 12 feet minimum between curb edge and storefront (area includes clear/buffer zone with street trees). Setbacks and utility easements must also be considered and may result in a larger minimum sidewalk width. 92 Ordinance 2062, Building Height Clarification Revisions Page 9 of 13 Section 4 That 38.510.030.M, Structured parking facility development standards, of the Bozeman Municipal Code be amended as follows: [M. Structured parking facility development standards.] [3] 1. All above ground structured parking facilities must conform to the design standards herein and the designated block frontage in section 38.510.030. In the event of a conflict between block frontage standards and the standards of this section, the standards of this section will govern. Exceptions: a. Single-household dwellings and individual townhouse and multi-household units with physically separated individual drive aisles. Physical separation is provided when at least one of these options are provided: Individual garage doors for each interior parking space; a vegetated planter not less than four feet in width between the parking spaces in the driveway area; or a wall not less than four feet in height and length, is provided between the parking area in the driveway and dividing the garage entrance; and b. For development in the R-5 and B-2M districts, the applicable structured parking provisions in division 38.500 (Block Frontage Standards) take precedence over any conflicting provisions of division 38.340 or related standards in this section. 2. Building standards. a. Intent: To promote an active and diverse streetscape, parking structures should be located behind buildings in the interior of blocks or below grade. Parking garages that front streets must line the parking garage at the street level with an active use. (1) Street designs accommodate on street parking and pedestrian mobility. Parking lots and garages rarely front the streets, and are typically relegated to the rear of the lot and the center of blocks. (2) Parking garages should be located in the interior of blocks. Parking garages that front onto streets must provide a lining of retail, office, or residential use at the street level along the entire street frontage. b. In all districts, all commercial floor space wrapping must provide a minimum 20 foot depth of habitable and conditioned space as defined by the most currently adopted IBC. c. In all districts, commercial space depth will be considered where the applicant can successfully demonstrate the proposed alternative design and configuration of the space is viable for a variety of permitted commercial uses. d. In all districts, residential active use areas must be 12 feet in depth, except for riser room, trash areas and other functional uses that must face the street. e. In all districts, all commercial floor space wrapping a parking structure on the ground floor must have a minimum floor to ceiling floor height of 13 15 feet. 93 Ordinance 2062, Building Height Clarification Revisions Page 10 of 13 f. Structured parking facilities must provide transparency along at least 50 percent of the linear length of the building's façade. This may be achieved with windows, displays, building lobbies, building entrances, display windows, or windows affording views into the building. This requirement applies to both frontages of a building located on a corner lot. (1) The bottom edge of any window or product display window used to satisfy the transparency standard of this subsection B.3 may not be more than four feet above the adjacent sidewalk. (2) Product display windows used to satisfy these requirements must have a minimum height of four feet and be internally lighted. g. Street-level openings on parking structures must be limited to those necessary for retail store entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator lobbies. Parking structures adjacent to streets must have architectural detailing such as, but not limited to, standard size masonry units such as brick, divided openings to give the appearance of windows, and other techniques to provide an interesting and human-scaled appearance on the story adjacent to the sidewalk. h. Buildings must be articulated with modules, architectural detailing, individual floors visually expressed in the façade, and rhythm and pattern of openings and surfaces must be human-scale. i. Buildings must be oriented to the adjacent public or private street. j. If an alley is adjacent to site, access must be taken from that alley. Access to a street may be considered by the review authority. k. A pedestrian safety plan is required for all parking facilities with more than 100 parking spaces and must be reviewed and approved by the city engineer. The city engineer may request a pedestrian safety plan for parking facilities with less than 100 parking spaces. l. Parking entrance(s) may not account for more than 25 percent of entire building façade. m. Parking entrance(s) must not be located central to the building façade. Section 5 That paragraph A.1 of Subchapter 4B of the Bozeman Guidelines For Historic Preservation And The Neighborhood Conservation Overlay District be amended as follows with all other portions remain unchanged: 94 Ordinance 2062, Building Height Clarification Revisions Page 11 of 13 1. Provide density to meet the goals and objectives of the Downtown Bozeman Improvement Plan. • Floor area ratio for any new construction project shall be a minimum of 1.0 FAR. Lower FAR ratios are acceptable with renovation or remodeling of existing structures. • Floor-to-floor heights for commercial and mixed use buildings ground floors shall be designed to accommodate a variety of current and future uses and must comply with Table 38.320.050 of the municipal code. The first floor level of new commercial and mixed use buildings shall maintain a minimum floor-to-floor height of 15 feet. • Buildings with 100 percent residential uses are exempt from the 15 foot floor-to floor height requirement but are encouraged to consider taller first floors to provide flexibility for a variety of uses over time. Section 6 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 7 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full force and effect. 95 Ordinance 2062, Building Height Clarification Revisions Page 12 of 13 Section 8 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 9 Codification. This Ordinance shall be codified as indicated in Sections 1-4. Section 10 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 96 Ordinance 2062, Building Height Clarification Revisions Page 13 of 13 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ___ day of ________, 20__. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is ______________, 20__. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 97 Memorandum REPORT TO: City Commission FROM: Tom Rogers, AICP, Senior Planner Martin Matsen, AICP, Director of Community Development SUBJECT: Ordinance 2064, Final Adoption to Establish the Bridger Veterinary Specialty Hospital Zone Map Amendment to Designate Approximately 2.0099 Acres as B-2, Community Business District, Application 20184 MEETING DATE: January 26, 2021 AGENDA ITEM TYPE: Ordinance RECOMMENDATION: Final approval of Ordinance 2064 to establish the Bridger Veterinary Specialty Hospital Zone Map Amendment to designate approximately 2.0099 acres as B-2, Community Business District. The property consists of one parcel of land and adjacent right of way. STRATEGIC PLAN: 4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: The applicant submitted application 20184 to annex into the City and to apply a zoning classification of B-2, Community Business District, to the subject property. City staff and the Zoning Commission recommended approval of the application. On November 10, 2020, the City Commission held a public hearing and voted 4:1 to annex the subject property and unanimously approved the proposed B-2 zoning designation, subject to terms of annexation. All contingencies have been met by the applicant, including an approved annexation agreement, map, and legal description. UNRESOLVED ISSUES: None. ALTERNATIVES: Adoption of Ordinance 2064 as presented and recommended. Determine that the prior decision to zone was in error and do not adopt the ordinance. FISCAL EFFECTS: None. Attachments: Ordinance 2064 Bridger Vet ZMA No 20184.docx ZMA Map Signed.pdf 98 Report compiled on: January 6, 2021 99 Page 1 of 5 ORDINANCE NO. 2064 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 2.0099 ACRES AS B-2, COMMUNITY BUSINESS DISTRICT, BRIDGER VETERINARY SPECIALTY HOSPITAL ZONE MAP AMENDMENT, APPLICATION 20184. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to establish a zoning classification of B-2 (Community Business District) for approximately 2.0099 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on October 26, 2020 to receive and review all written and oral testimony on the request for a zone map amendment; and 100 Ordinance 2018, Bridger Veterinary Specialty Hospital Zone Map Amendment Page 2 of 5 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 20184 the Bridger Veterinary Specialty Hospital Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on November 10, 2020, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the zoning district designation of the following-described property is hereby designated as B-2, Community Business: An area of land comprised described as follows: Lot 3, Block 5, Walker Property Subdivision P.U.D. [Plat J-164], according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Southeast Quarter of Section 26 and the Southwest Quarter of Section 25, Township 1 South, Range 5 East of P.M.M., Gallatin County, Montana. Also, that part of the adjacent right of way of Campbell Road lying southeasterly from the centerline, and that part of the adjacent right of way of Reeves Road East lying southwesterly from the northeasterly right of way line. Said property is all described as follows: Beginning at the most southerly corner of Lot 3, Block 5, said Walker Property Subdivision P.U.D.; thence northwesterly 307°41'09”, assumed azimuth from north, 192.30 feet along the southwesterly line of said Lot 3; thence continuing northwesterly 307°41'09” azimuth, 30.00 feet to the centerline of the right of way of Campbell Road; thence northeasterly 350.37 feet on a nontangential curve concave to the northwest, radius 1714.28 feet, central angle 11°42'37", and having a chord length of 349.76 and a chord azimuth of 031°49'50" along said centerline; thence northeasterly 025°58'32" azimuth, 141.87 feet tangent to said curve along said centerline to the northwesterly extension of the southwesterly line of Lot 1A, Minor Subdivision No. 147A; thence 101 Ordinance 2018, Bridger Veterinary Specialty Hospital Zone Map Amendment Page 3 of 5 southeasterly 119°31'18" azimuth, 63.08 feet along said extension and along the southwesterly line of said Lot 1A; thence southeasterly 136°11'20" azimuth 235.79 feet along said southwesterly line; thence southwesterly 226°11'20" azimuth 60.00 feet to the most easterly corner of said Lot 3; thence southwesterly 217°41'09" azimuth 401.61 feet along the southeasterly line of said Lot 3 to the point of beginning. Area = 87,551 square feet or 2.0099 Acres. Subject to existing easements. All as depicted on the BRIDGER VETERINARY SPECIALTY HOSPITAL Zone Map. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal, or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 102 Ordinance 2018, Bridger Veterinary Specialty Hospital Zone Map Amendment Page 4 of 5 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 5 th day of January, 2020. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ MIKE MAAS City Clerk 103 Ordinance 2018, Bridger Veterinary Specialty Hospital Zone Map Amendment Page 5 of 5 FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the __________ day of____________________, 2020. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 104 OWNER: BRIDGER VETERINARY FACIUTY. LLC DEED"REF:"DOC-NO.~2680459 EXISTING LAND USE: VACANT LAND - RURAL BRDGER VETERINARY SPECIALTY HOSPTTAL ZONE MAP AMENDMENT LOCATED IN THE SE 1/4 OF SEC. 26 AND SW 1/4 OF SEC. 25, T. 1 S., R. 5 E. OF P.M.M., LEGAL DESCRIPTION Lot 3. Block 5. WalkT Property SubdMalon P.U.D. [Plot J-1641 according to th« plat thwnf, on fil» and of ncord hi th* office of lh« aert and R»cordT. Gollatln County, Montano, and located hi the Southea»t Ouartw of SwUon 26 and the Southwt Ouartw of Swtion Townahip 1 South, Rong« 5 Eaat of P.M.M.. Gdlatki County, Montana. Alao, that part of th» adJocOTt right of way of Compbrtl Road lykig •outhwatwfy from th* cantwlin*, and that part of th» adjacent right of way of Recw Rood East lytng •outhwwtwfy from the northwtwty right of «ay line. Sdd prop.rty b oil de»crt«l at Mlon: Beginning at th» mwt wuthwly comBT of Lot 3, Block 5, aaid Walkar Propwty SubdMsion P.U.D.; thmce northtmatcriy 307'41'09". onumad ailmuth frofn north, 192.30 foal along the •outhtwteriy line of w!d Lot 3; thenca continuing northwMtariy 30r41'09" azknuth. 30.00 f—t to th« canteriln* of th* right of way of Compbdl Rood; lh.nc· northaaateriy 350.37 f—t on a nontongantial curv concav to tha norttiwwt, rodiuB 1714.28 fe<t, cfilral ongk 11'42'3r'> and having a chord Itngth of 349.76 and a chord ozlmuth Of 031*49'50" dong aald ccnteritne; thence northeoatcriy 025*58'32" azimuth, 141.87 feet tangent to »aU cum along •aid cantcrifrr to th» northwwteriy •xtmaton of tha aouthw—ttrly lh« of Lot U, Minor SubdMalon No. 147A; thmica southnoateriy n9'31'18" azimuth, 63.08 fwt along Mid extcnaton and atong the •outhwcatcriy line of said Lot 1A: thence •oythwateriy 136*11'20" aztmuth 235.79 fuet along •old southwcsteriy lina; thmce touthwMturiy 226*11'20" azimuth 60.00 feet to the moat castcriy comer of aoid Lot 3; thwcc southwesterly 2ir41'09" azimuth 401.61 fwt along the »outhw»t«1y liir of •aM Lot 3 to the point of beginning. s^.' GALLATIN COUNTY, MONTANA \ '\.\ '.' ' / \ \\ vx COUNTY RO ZONING // \ LAND USE: CHiLD CARE FACiLIT^' ^<\ :r z X0 ^ ^ Area of Rezoning - 118.100 aquart feet or 2.7112 Acrw or 10.971.81 to cxlatlng easement*. aquarc metcra. Subject / / ^^ ^ ^ ^c?'•^ LOT ^ \ COUNTY AS ZONING LAND USE: AGRICULTURAL INT 4$ OF^ 0 'i MARK A. CHANDIBI %VNo."a'»i5Es s tieE»S rt 3aS^ I hwrty CTWy that th;* zorw map arTwndmwt and t< dwcription wan prepared undw my dir*ct iup«rvi»ion that I am a duly lic<nwd profwional •ng;n»»- and tand ^•unwyor fv.undar th« law f^of th» Statt m^ of Montano. / LEGEND (R) RECORD DISTANCE OR AZIMUTH Memorandum REPORT TO: City Commission SUBJECT: State of the City Address MEETING DATE: January 26, 2021 AGENDA ITEM TYPE: Administration RECOMMENDATION: Mayor Andrus will provide the State of the City. 106 Memorandum REPORT TO: City Commission FROM: Chuck Winn, Assistant City Manager SUBJECT: Short Term Rental Update MEETING DATE: January 26, 2021 AGENDA ITEM TYPE: Plan/Report/Study RECOMMENDATION: Assistant City Manager Chuck Winn will present an update on the City's short-term rental program. STRATEGIC PLAN: 4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND: On September 11, 2017, the City of Bozeman adopted Ordinance 1974, creating regulations and establishing registration requirements and fees, standards and to provide for enforcement and penalties for short-term rentals effective December 1, 2017. The City Commission approved renewal of the Software Agreement for short-term rental compliance monitoring and associated services on October 7, 2019. The City hired a Code Compliance Program Manager in August of 2019. The last update was provided on December 2, 2019. UNRESOLVED ISSUES: None. ALTERNATIVES: As directed by the City Commission. FISCAL EFFECTS: None. Report compiled on: January 19, 2021 107 Memorandum REPORT TO: City Commission FROM: Dani Hess, Neighborhoods Program Coordinator Kristin Donald, Finance Director SUBJECT: Resolution 5251 Amending the Fiscal Year 2021 (FY21) Budget for the General Fund for the Purpose of the Equity Indicators and Gaps Analysis MEETING DATE: January 26, 2021 AGENDA ITEM TYPE: Finance RECOMMENDATION: Move to Approve Resolution 5251 Amending the Fiscal Year 2021 Budget for the General Fund for the purpose of the Equity Indicators and Gaps Analysis. STRATEGIC PLAN: 3.3 Friendly Community: Ensure Bozeman continues to welcome diversity through policies and public awareness. BACKGROUND: The Resolution amends the General Fund Appropriation line item that was for the City Manager Contingency to have $75,000 be used for the Equity Indicators and Gaps Analysis Project. The Equity Indicators and Gaps Analysis project is a critical first step to collect data and engage community members preceding the planning and development of an Equity and Inclusion Summit and Plan for the City of Bozeman. Community engagement and data collection during this process will help identify inequities across race, ethnicity, gender identity, ability, and socioeconomic status in our community. Data will also inform the creation of a set of equity indicators to serve as a baseline for the City to monitor and track our progress in addressing inequities over time. Additionally, the work will include a gaps analysis to evaluate current capacities–both as a City and a community—to address the inequities found during data collection and engagement efforts. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the Commission. FISCAL EFFECTS: None, this resolution only changes current appropriations and does not change the total appropriation. Attachments: 108 Resolution 5251 Budget Amendmend GF.docx Report compiled on: January 14, 2021 109 RESOLUTION NO. 5251 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY’S ANNUAL BUDGET TO MAKE CHANGES TO THE OPERATING IN THE GENERAL FUND APPROPRIATIONS APPROVED JUNE 22, 2020. WHEREAS, the City Commission did, on the 22nd day of June, 2020, after due and proper legal notice, conduct a public hearing and adopt a municipal budget for Fiscal Year 2020- 2021 (Fiscal Year 2021); and WHEREAS, the City Commission did, on the 26th day of January, 2021, after due and proper legal notice, conduct a public hearing on proposed amendments to the municipal budget. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 – Appropriation Additions The City Commission of the City of Bozeman, Montana, does hereby authorize and instruct expenditures in the General Fund Appropriated in the City Manager’s Contingency line item to fund in the amount of $75,000 for the Equity Indicators and Gaps Analysis project. Section 2 Pursuant to Section 7-6-4030, M.C.A., this resolution, upon its passage, shall be in full force and effect on July 1, 2020. 110 Section 3 That should it be found by any court of competent jurisdiction that any section, clause, portion, sentence, word, or phrase of this resolution is deemed to be contrary to any existing law or regulations, that in this instance, it is the intent of the City Commission of the City of Bozeman, Montana, that all other portions, sections, words, clauses, phrases, or paragraphs of this document shall remain in full force and effect. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 26th day of January, 2021. ___________________________________ CYNDY ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 111 Memorandum REPORT TO: City Commission FROM: Kayla Mehrens, Stormwater Program Coordinator Mitch Reister, Public Woks Director Kristin Donald, Finance Director SUBJECT: Resolution 5253 Amending the Fiscal Year 2021 (FY21) Budget for the Stormwater Fund for the Purposes of Covering Capital Construction Costs MEETING DATE: January 26, 2021 AGENDA ITEM TYPE: Finance RECOMMENDATION: Move to Approve Resolution 5253 Amending the Fiscal Year 2021 (FY21) Budget for the Stormwater Fund for the purposes of covering capital construction costs. STRATEGIC PLAN: 4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND: Two Capital projects, STDM02 Manley Ditch Rehabilitation and STUO01 Stormwater Facility Plan Update, scopes and budgets are over our estimates. In addition, the need for an engineering standards update has been identified. The amount in total needed to cover both updates and the increased construction cost is $450,000. The plan is to delay one FY21 capital project until FY22 to cover $300,000 of the $450,000. The remaining $150,000 is part of Resolution 5253 to appropriate using fund balance (fund reserves). UNRESOLVED ISSUES: Adjusting the FY22 and FY23 Capital Items. The Capital Improvement Plan will reflect changes next year. ALTERNATIVES: As suggested by the Commission. FISCAL EFFECTS: This will reduce the estimated FY21 year end fund balance by $150,00 from $273,000 to $123,000. Attachments: Resolution 5253 Budget Amendmend Stormwater Fund.docx 112 Report compiled on: January 14, 2021 113 RESOLUTION NO. 5253 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY’S ANNUAL BUDGET TO MAKE CHANGES TO THE OPERATING IN THE STOMRWATER FUND APPROPRIATIONS APPROVED JUNE 22, 2020. APPROPRIATIONS WILL BE FUNDED BY FUND RESERVES AND CAPITAL PROJECT DELAYS. WHEREAS, the City Commission did, on the 22nd day of June, 2020, after due and proper legal notice, conduct a public hearing and adopt a municipal budget for Fiscal Year 2020- 2021 (Fiscal Year 2021); and WHEREAS, the City Commission did, on the 26th day of January, 2021, after due and proper legal notice, conduct a public hearing on proposed amendments to the municipal budget. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 – Appropriation Additions The City Commission of the City of Bozeman, Montana, does hereby authorize additional expenditures in the Stormwater Fund increasing Appropriation by $150,000, for additional costs of capital projects. Section 2 – Use of Cash on Hand in the Stormwater Fund and Delaying Other Projects The increased appropriation will be funded with cash on hand in the Stormwater Fund and delaying other projects to later fiscal years. 114 Section 3 Pursuant to Section 7-6-4030, M.C.A., this resolution, upon its passage, shall be in full force and effect on July 1, 2020. Section 4 That should it be found by any court of competent jurisdiction that any section, clause, portion, sentence, word, or phrase of this resolution is deemed to be contrary to any existing law or regulations, that in this instance, it is the intent of the City Commission of the City of Bozeman, Montana, that all other portions, sections, words, clauses, phrases, or paragraphs of this document shall remain in full force and effect. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 26th day of January, 2021. ___________________________________ CYNDY ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 115 Memorandum REPORT TO: City Commission FROM: Tanya Andreasen, Community Housing Program Manager Martin Matsen, Community Development Director SUBJECT: Community Housing Builders Panel MEETING DATE: January 26, 2021 AGENDA ITEM TYPE: Policy Discussion RECOMMENDATION: Discuss with and learn from invited panelists about home building and particularly, affordable home building in Bozeman. A policy discussion may ensue, resulting in Commission direction to City Staff. STRATEGIC PLAN: 4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND: One of the major priorities for the City of Bozeman's Community Housing Program is to increase the number of affordable homes built and preserved in Bozeman. Home construction is expensive and subject to the vagaries of the real estate market, prices of materials and labor, land costs and availability, and more. The home construction market in Bozeman is booming, and demand is high with very limited housing stock for sale, and very few homes available for purchase that are priced as affordable to the Area Median Income. Rental vacancy rates are reported be very low, and rents high - commonly going for about $800 per bedroom. The City's adopted 2019 Community Housing Action Plan states that in order to keep up with population growth rates, our community will need to build somewhere close to 6,000 homes, and more than half of those priced below market rate. With high demand in mind, along with the complexities of home building, The City of Bozeman's City Commission has invited four home builders to engage in a work session that aims to “get below market rate homes out of the ground by 2025” (a partial quotation from Deputy Mayor Terry Cunningham). The discussion will center around how the City of Bozeman can encourage and facilitate the construction of affordable housing. The panelists have been asked to respond to the following request by Deputy Mayor Cunningham: "What specific actions can the City of Bozeman take to help your organization bring more below-market housing projects 116 out of the ground in the next 5 years using the tools that are in the Community Housing Action Plan? Please bring specific, creative, and actionable ideas to the meeting." The City Commission will be joined by Geoff Anderson, Principal of Good Housing Partnership, Greg Stratton of Kilday & Stratton, Steve Dymoke of GMD Development, and Tracy Menuez, Associate Director with HRDC IX. UNRESOLVED ISSUES: None. ALTERNATIVES: As desired by the City Commission. FISCAL EFFECTS: None at this time. Attachments: January 2021 Work Session Presentation Slides.pdf Report compiled on: January 8, 2021 117 Community2021 Housing Program Tuesday January 26, 1 118 Strategic Plan 4.5.b Develop a Comprehensive Affordable Housing Action Plan that includes but is not limited to: 1. Mandates the creation of affordable housing across all dwelling unit types. 2. Provides the prescribed flexibility in the manner in which the mandate can be accomplished. 3. Provides a substantial, broad-based and reliable source of funding for the construction of affordable housing and for affordable housing loans. 4. Actively encourages Bozeman’s major employers to develop workforce housing programs for their employees. 2 119 Panelists Greg Stratton, Partner Kilday & Stratton, LLC Tracy Menuez, Associate Director HRDC IX, Inc. Steve Dymoke, Partner GMD Development LLC Geoff Anderson, Principal Good Housing Partnership 3 120 Panelist Questions • Explain your experience building affordable housing in Bozeman • How were you able to accomplish it? • What could we do to increase the # of affordable units built in the City? 4 121 Memorandum REPORT TO: City Commission FROM: Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk SUBJECT: Appointment to the Pedestrian and Traffic Safety Committee (PTSC) MEETING DATE: January 26, 2021 AGENDA ITEM TYPE: Citizen Advisory Board/Commission RECOMMENDATION: Appoint one member to the City Appointee (Voting) position on the Pedestrian and Traffic Safety Committee to a term ending December 31, 2022. STRATEGIC PLAN: 1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND: The City of Bozeman, County of Gallatin, and the Bozeman School District established the Pedestrian and Traffic Safety Committee in an Interlocal Agreement dated December 22, 1976, and on file at the Gallatin County Clerk and Recorder's Office. Duties on this Committee advise all three of those governmental bodies on matters of both motorized and non- motorized travel safety in the greater Bozeman area. Under an Interlocal Agreement dated February 6, 1990 the Pedestrian and Traffic Safety Committee added one additional duty (i.e., to serve as a sounding board for proposals advanced to the Transportation Coordinating Committee). The Committee's voting membership comes from four sources: the City appoints two members the County appoints two members the Bozeman School District appoints two members those six people can elect zero, one, or two additional At-Large voting members This committee currently has one City Appointee (Voting) vacancy. The City Clerk’s Office has received one application with their relevant qualification indicated below. 1. One City Appointee (Voting) position with a term expiring December 31, 2022 | Qualifies: L. Kudrna 122 Applicant: Liz Ann Kudrna Commissioner Michael Wallner is the City Commission liaison for this board. Pedestrian and Traffic Safety Committee appointments are Commission appointments. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None. Attachments: 12-22-20 CAB Application - L. A. Kudrna, new applicant.pdf Report compiled on: January 19, 2021 123 From: webadmin@bozeman.net To: Agenda Subject: Citizen Advisory Board Application Date: Tuesday, December 22, 2020 4:09:59 PM A new entry to a form/survey has been submitted. Form Name: Citizen Advisory Board Application Date & Time: 12/22/2020 4:09 PM Response #: 315 Submitter ID: 33562 IP address: 69.146.15.169 Time to complete: 12 min. , 32 sec. Survey Details Page 1 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process. If you are applying for more than one vacancy please submit an individual application for each vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582- 2320. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerk's Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Applicant Information 124 First Name Liz Ann Last Name Kudrna Physical Address 1017 E Olive St PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59715 Primary Phone (406) 581-7117 Additional Phone Not answered Current Occupation retail. and Pilates Instructor Employer rei and Self Email lizannkudrna@gmail.com Which position are you applying for? (○) Pedestrian and Traffic Safety Committee Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while others do not.) (○) Yes How long have you lived in the Bozeman Area? (○) 11 years or more Have you ever served on a City or County Board or Commission? (○) No Please explain your relevant qualifications, interests and experiences: I have worked with communities on Walk audits for the last 8 years or so. I am also trained to be a walk audit facilitator. I believe I could add perspective as a person with mobility challenges. I move around in a wheelchair. I would love to help keep Bozeman a walkable community for all. Thank you for considering me. Please call if you would like to know more about me. References: Please provide name, phone, and email contact information for two references. Reference 1 Meg Traci meg.traci@mso.umt.edu 406-243-4956 Reference 2 Cathy Costakis 406-581-8650 costakisce@gmail.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? (○) Yes 125 How did you hear about this board or vacancy? Taylor Lonsdale contacted me Is there any other information that you feel we need to know? Not answered If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Thank you, City Of Bozeman This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. 126 FOUND 5/8 INCH REBkR WITH 1 1/4 INCH PLASTIC CAP (0>STON) OR AS NOTED [@ EXISTING UG POWER BOX @ EXISTING TELEPHONE BOX © EXISTING SANITARY SEWER MANHOLE H DIISTING PRE HTDRANT EXISTING WATER VALVE ® EXISTING CURB STOP PROPERTr BOUNDWiY UNE CITY M-2 - SURROUNDING PROPERTY LINE — — — — EASEMENT LINE — EXIOTNG COUNTY ZONING BOUNDARY ^— . ' ^^ cnv OF BOZEMAN UMITS — ^ — — PROPOSED B-2 ZONING BOUNDARY - we — EXISTING UNDERGROUND ELECTRIC UNE EXISTING GAS UNE — f-o — EXISTING RBER OFnCS UNE — . — EXISTING WATER MAIN EXISTING SANITARY SEWER MAIN E'\B S'D PROPOSED B-2 ZONING DISTRICT BASIS FOR AZIMUTHS FROM NORTH: GPS OBSERVATIONS ON MODIRED STATE PLANE GRID. ROTATC AZIMUTHS SHOWN I'OB'32" CCW TO OBTAIN PLATTED AZIMUTHS. [N45"00'00"E] BEARING COMPUTED FROU AZIMUTH SHOWN AREA TABLE PARCE3. RIGHT-OF-WAY TOTAL AREA: 87,551 SF .iO.549 SF 118.100 SF / 2.7112 ACRES DATE OF PREPARATION: 11/04/2020 oaHi EnHi"«e^ngj ai-id Sur'^eyin-g Ine, IfMI tliii,', iriflfii'jfiwtEi,)M(ii,i]i. WtWW PiW (dQB) 5g?.111& ' I;M i^Q6] 567.0 ?&?) w<wiiiwia'r!ria".;.!;uii- * «te<»''il;'}nu4fBt- '-yrii /\ 2 / / \ / / \ / \ ^ 15" CULVERT «b / \ s€^ft ^ / COUNTY RO ZONING \ \ LAND USE; RESiDENTIAL 's- K^ HBt HYCTWNT \ \w^ »/ 'NO UP' •Y-VS^B^BSiT ^ \ \ \ '^^s^gg^ .^ ,? ^& OF ASRW.T LOT 1A, MINOR SUBD. NO. 147A 3 \ / v [N25-: 78.48 025"58'; ^&A •^ CITY B-2 \( a ,?: X ZONING ^ SSS^A». 40 Seal* Jn /ft 4fl JU-i \ •td s s FOUND 5/B" 1»/1- \ 12 Scab fn 0 Mttfrs M ?tf NO. UP \ ,'! i>[s4^w'4p"E^ \ ^yy\\\\\ ^128.7? lifffr ')(%^Ty\RO\ZpNilM^ ^'\T^^L)^MnTY\V;! \ ^ \ .'? .? .^ s; \ .? !^\ \ \ W^ s^U^E: UiyEV^OPip y \ \ \ \ \/<-\ ID' ynUTf\EASEIt(EMT OTHER POCUtiEKT ZONING % \ '^ 's' yc?^' w^ \ LAND USE: RIGHT OF WAY (? •J ^ .<%> «' .s / •^ \ PRO«>SE,cl^rzgS,2N"^uiS% ;y <&^ \ HTORAHT \ ?/\\\\\\\\\\ ^\CIT^-?\ ZONING' \ \ \ kpR(S)RO.SED]\ \ \ -^ \\ UWD \li^\E: \<IPER»IARY\ \\\SPECW.^\1\ HOSPIT*v^ ^ \^»^' •%. r/ •b. COUNTY RO ZONING &'.<? ^<». / > ULVEOT ^ ^ / ^ CITY R-0 ZONING LAND USE: ADMINISTRATIVE PROFESSiONA.L ^\^\ LOT 2 30.00 30r41'0»' [N5718'5)' ^; s? >R y < / ??-§Fzgs%"oia!K ^^? '^ 0 ^ ^ ^ ^c ^ ¥ /r / v ^ ^ ^; ^- '% r. \^ ^^ s€ * y /" \ IAND USE: RESIDENTIAL A /^'\ / °^<r \ \ ^ MOST S'LV C(»._OFLOT_ BLOCK S. WLKER p-ol: P.U.D. <<> LOT 1 •a0 / \ \, '0. •^ ^ / COUNTY RO ZONING \ x.>^.~^v\. / v.\~\ \\ '\ \ / \ COUNTY AS ZONING CITY M-2 ZONING LAND USE: R'GHT OF WAY J. ^ »200410 105 19, 20 Note 19, 20 Note 20 Note 19, 20 Note 20 Note 19,20 Note 19,20 Note 20 Notes: 1. The lot area must provide all required setback areas and off-street parking and loading. Lot area per dwelling must not be less than 5,000 square feet per detached single- household dwelling and 3,000 square feet per attached dwelling. Lot area per each dwelling used to satisfy the requirements of division 38.380 must not be less than 2,700 square feet per detached single-household dwelling and 2,500 square feet per attached dwelling. 2. Reserved. 3. Reserved. 4. In the UMU district, the footprint of individual buildings must not exceed 45,000 square feet. 5. The maximum lot coverage must be 40 percent for principally residential uses or 100 percent for principally non-residential uses. 6. Buildings within a development or each phase of a multi-phased development must have varying heights achieved through the use of multiple stories. 88 12 20 11 Setback to an individual garage oriented to the street — 20 20 20 — — — — — 20 Rear Setback 10 10 10 13 0 15 0 20 17 3 3 0 12 3 Side Setback 5 14 5 14 5 14 0 15 0 15 17, 14 3 14 3 14 0 12 3 87 3 — Townhouses & rowhouses (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) 2,500 3 2,500 3 2,500 3 2,500 3 2,500 3 None 2,500 3 2,500 78