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Home My WebLink About02-02-21 City Commission Meeting Agenda and Packet MaterialsA. Call to Order - 6:00 PM - WebEx Video Conference 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 (Stewart) F.2 Approve the Depository Bonds and Pledged Securities as of December 31, 2020 (Donald) F.3 Approve the Local Government Entity Reimbursement for COVID-19 Submission and Ratify THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, February 2, 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=e40b99a8c429098d02cd438281b434a46 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: 126 362 3132 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, February 2, 2021 1 the City Manager and Mayor's Signatures(Donald) F.4 Recommend Non-Profit Entities and Amounts to be Awarded for City Non-Profit COVID Relief Grants and Authorize City Manager to Sign a Professional Service Agreements for These Grants(Rosenberry) F.5 Authorize the City Manager to Sign a Professional Services Agreement with Water and Environmental Technologies, Inc. (WET), to Provide Environmental Consulting Services Pertinent to the East Gallatin Landfill(Flammond) F.6 Authorize the City Manager to Sign an Amendment Two to the Professional Services Agreement with Sanderson Stewart for the Story Mill Road Reconstruction from Bridger to Griffin and Bridger/Story Mill Intersection Improvements Project(Murray) F.7 Resolution 5249, Intent to Create Special Improvement District (SID) Number 762 for the Purpose of Undertaking Certain Local Improvements to South 6th Avenue from Babcock Street to Cleveland Street and Financing the Costs Thereof(Gamradt) F.8 Resolution 5254, Intent to Create a Special Improvement Lighting District 763 for Bridger View Redevelopment P.U.D.(Donald) F.9 Resolution 5257, Adopting the Bozeman City Commission Priorities for 2021 (Mihelich) F.10 Ordinance 2067, Provisional Adoption Amending the Zoning Map to Establish 10.6154 Acres as REMU, Residential Emphasis Mixed-use, 8.18998 Acres as R-5, Residential Mixed Use High Density, and 71.6945 Acres as B-2M, Community Business District- Mixed, Norton Ranch 2020 Zone Map Amendment, Application 20288(Saunders) G. 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 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. H. Special Presentation H.1 Update on City's Local COVID 19 Programs I. Action Items I.1 Authorize the City Manager to Sign an Interlocal Agreement Between City of Bozeman, City of Missoula, Missoula County, and City of Helena to Inform the Development of a Green Tariff(Meyer) I.2 Appeal IFA-2021-1 from BARTIMCO PROPERTIES/SAWMILL GULCH PROPERTIES of an Administrative Decision of the City Manager Regarding a Request for Listing of Certain Improvements on the Capital Improvements Program (CIP) in Association with Development Bozeman City Commission Meeting Agenda, February 2, 2021 2 of Nelson Meadows Subdivision and a Request for Impact Fee Credits (Quasi- Judicial)(Saunders) I.3 Northwest Crossing Phase 1 Major Subdivision Preliminary Plat for the Subdivision of 146.21 Acres into Fifteen (15) Developable Lots, Fifteen (15) Restricted Development Lots, the Park Master Plan, Easements, and Right-of-Way Zoned B-2M and REMU (Quasi- judicial)(Garber/Jadin) J. Appointments J.1 Appointments to the Bozeman Historic Preservation Advisory Board (BHPAB) (Maas) J.2 Appointments to the Northeast Urban Renewal Board (NURB) (Maas) J.3 Appointment to the Pedestrian and Traffic Safety Committee (PTSC) (Maas) K. FYI / Discussion L. 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, February 2, 2021 3 Memorandum REPORT TO: City Commission FROM: Levi Stewart, Accounts Payable Clerk Kristin Donald, Finance Director SUBJECT: Accounts Payable Claims Review and Approval MEETING DATE: February 2, 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: None 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: January 21, 2021 4 Memorandum REPORT TO: City Commission FROM: Laurae Clark, Treasurer Kristin Donald, Finance Director SUBJECT: Approve the Depository Bonds and Pledged Securities as of December 31, 2020 MEETING DATE: February 2, 2021 AGENDA ITEM TYPE: Finance RECOMMENDATION: Approve 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 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 5 and returned to the depository financial institution. Section 7-6-207 (2), MCA, requires the City Commission to approve pledged securities at least quarterly. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: The City is sufficiently pledged. Attachments: Commission Memo - Pledged Securities - Approval 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: Approval of depository bonds and pledged securities as of December 31, 2020. MEETING DATE: February 2, 2021 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve 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. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission FISCAL EFFECTS: The City is sufficiently pledged. 7 Attachments: Depository Bonds & Pledges Securities Report as of December 31, 2020 Report compiled on: January 31, 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: Kristin Donald, Finance Director SUBJECT: Approve the Local Government Entity Reimbursement for COVID-19 Submission and Ratify the City Manager and Mayor's Signatures MEETING DATE: February 2, 2021 AGENDA ITEM TYPE: Finance RECOMMENDATION: Approve the Local Government Entity Reimbursement for COVID-19 submission and ratify the City Manager and Mayor’s signatures of the Local Government Entity Certification Form. 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: COVID-19 local government reimbursement is through the Governor's Coronavirus Relief Fund (CRF) contained in the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") and assistance through the Federal Emergency Management (FEMA) Public Assistance (PA) grant program authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The CARES Act provides that payments from the CRF may only be used to cover costs that: 1. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19); 2. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the local government; and 3. were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. In order to receive reimbursement for costs incurred due to COVID-19 related expenditures, the Department of Administration Local Government Services Bureau and the Governor’s Office of Budget and Program Planning have developed a process to be used to compile and submit reimbursement 11 request. Requests for reimbursement must be submitted and will be reimbursed within 30 days of these deadlines. An entity will receive a maximum of four payments. The City has followed this guidance for this final submission. This final submission is only for direct costs that were not budgeted. Please note that the total on the reimbursement submission is not what we will be reimbursed. In addition, this is just a request and based on our interpretation of constantly changing information regarding eligible expenditures. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the Commission. FISCAL EFFECTS: Nothing at this time, we will know what is funded once the application is processed. Attachments: LGE-Certification-Form-for-COVID-19-Reimbursement- March-1---October-31.pdf LGE-COVID-19-Reimbursement-Form_March-1-Oct-31.xlsx Report compiled on: January 21, 2021 12 Updated 01/07/21 Local Government Entity (LGE) Certification Form For reimbursement provided to local governments by the Governor's Coronavirus Relief Fund (the Fund) contained in the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") and assistance through the Federal Emergency Management (FEMA) Public Assistance (PA) grant program. REIMBURSEMENT REQUEST FOR COSTS INCURRED FROM MARCH 1, 2020 THROUGH DECEMBER 30, 2020 ALL FIELDS ARE REQUIRED Local Government Entity (LGE) Information Name Address City State Zip Federal Employer Identification Number (FEIN) Contact Information for Reimbursement Request Last Name First Name Address City State Zip Phone Email Certification ☐ I/we hereby certify that to my/our knowledge the LGE named above has not received reimbursement for the attached incurred costs from any federal funding source. (We recognize this application may include FEMA- eligible costs.) ☐ I/we hereby certify that the attached information is true, complete, and accurate to the best of my/our knowledge and belief. THIS FORM REQUIRES SIGNATURES FROM ONE OR MORE MEMBERS OF THE GOVERNING BODY. __________________________ __________________________ ___________________________ Signature Signature Signature __________________________ __________________________ ___________________________ Name Name Name _________________________ __________________________ ___________________________ Title Title Title __________________________ __________________________ ___________________________ Date Date Date City of Bozeman 121 N. Rouse Bozeman MT 59715 EIN 81-6001238 Donald Kristin 121 N Rouse Bozeman MT 59715 406-582-2318 kdonald@bozeman.net Kristin Donald Jeff Mihelich Cyndy Andrus Finance Director City Manager Mayor DocuSign Envelope ID: AE6034C2-8DAE-45DD-96F4-76AE3A050E82 1/20/2021 1/20/2021 1/20/2021 13 City of Bozeman Kristin Donald 1/15/21 REIMBURSEMENT REQUEST FOR COSTS INCURRED FROM MARCH 1, 2020 THROUGH DECEMBER 30, 2020 Expense Category Expense Description Actual Non- FEMA-eligible Costs through December 30 Actual Presumptively FEMA-eligible Costs through December 30 Have Costs Been Paid For with Other Federal Funds? (Y/N) Supporting Documentation Included (Y/N) Total Costs Provide Clarification or Justification for ALL Costs. FEMA costs must include a narrative with "who, what, where, why, and when." 1 (FEMA-eligible) Additional EOC /Emergency Protective Measures temp hire (regular time, OT, and benefits) $ - Provide payroll reports/timesheets listing employee, job title, hours worked, and salary information (payroll and overtime policies required for FEMA-eligible costs) 2 (FEMA-eligible) Existing staff OT EOC/Emergency protective measures OT and benefits (for regular time employees) $ - Provide payroll reports/timesheets listing employee, job title, hours worked, and salary information (payroll and overtime policies required for FEMA-eligible costs) 3 EMS and LE staff - Presumptively Eligible regular and overtime pay, longevity, employee insurance and retirement, employer unemployment benefit plans, workers compensation insurance, and FICA from March 12 - October 31, 2020 $ - Provide payroll reports listing employee, job title, hours worked, and salary information (timesheets not required) 4 Public Health staff - Presumptively Eligible regular and overtime pay, longevity, employee insurance and retirement, employer unemployment benefit plans, workers compensation insurance, and FICA from March 12 - October 31, 2020 $ - Provide payroll reports listing employee, job title, hours worked, and salary information (timesheets not required) FEMA may provide funding to eligible Applicants for: costs related to emergency protective measures conducted as a result of the COVID-19 pandemic. Emergency protective measures are activities conducted to address immediate threats to life, public health, and safety. In general, costs related to the continuity of government may be eligible under CARES Act reimbursement; whereas, costs related to emergency operation centers (EOC) may be eligible for FEMA reimbursement. Local Government Entity (LGE) COVID - 19 Reimbursement Form The CARES Act provides that payments may only be used to cover costs that: 1.are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID 19); 2.were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and 3.were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. Reimbursement Category PAYROLL EXPENSES for employees whose services are substantially dedicated to mitigating or responding to COVID-19 CERTIFICATION SIGNATURE DATE: If you submitted an application in a previous cycle, be careful to not submit duplicate requests. Expense Category Expense Description Actual Non- FEMA-eligible Costs through December 30 Actual Presumptively FEMA-eligible Costs through December 30 Have Costs Been Paid For with Other Federal Funds? (Y/N) Supporting Documentation Included (Y/N) Total Costs Provide Clarification or Justification for ALL Costs. FEMA costs must include a narrative with "who, what, where, why, and when." Reimbursement Category 5 Dispatch staff - Presumptively Eligible regular and overtime pay, longevity, employee insurance and retirement, employer unemployment benefit plans, workers compensation insurance, and FICA from March 12 - October 31, 2020 $ - Provide payroll reports listing employee, job title, hours worked, and salary information (timesheets not required) 6 Detention staff - Presumptively Eligible regular and overtime pay, longevity, employee insurance and retirement, employer unemployment benefit plans, workers compensation insurance, and FICA from March 12 - October 31, 2020 $ - Provide payroll reports listing employee, job title, hours worked, and salary information (timesheets not required) 7 Other staff - Substantially dedicated (2/3 of total hours per pay period) regular and overtime pay, longevity, employee insurance and retirement, employer unemployment benefit plans, workers compensation insurance, and FICA from March 1 - October 31, 2020 $ - Provide payroll report with pay period end date/timesheets listing employee, job title, hours worked, and salary information 8 Additional Other staff - Hired after March 1 regular and overtime pay, longevity, employee insurance and retirement, employer unemployment benefit plans, workers compensation insurance, and FICA from March 1 - December 30, 2020 (even if paid in January) $ - Provide payroll reports/timesheets listing employee, job title, hours worked, and salary information 9 Other staff - Overtime could apply to an employee not substantially dedicated covering for an employee out due to COVID-19 from March 1 - December 30, 2020 (even if paid in January) $ - Expense Category Expense Description Actual Non- FEMA-eligible Costs through December 30 Actual Presumptively FEMA-eligible Costs through December 30 Have Costs Been Paid For with Other Federal Funds? (Y/N) Supporting Documentation Included (Y/N) Total Costs Provide Clarification or Justification for ALL Costs. FEMA costs must include a narrative with "who, what, where, why, and when." Reimbursement Category 32 (FEMA-eligible) Social Distancing supplies and equipment if performing EPMs $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 33 Social Distancing plexiglass at service windows $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 34 Social Distancing physical remodeling for separation of public where necessary $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 35 Social Distancing hand-washing stations and sanitizer in public locations $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 36 Social Distancing postage for additional mailing expenses $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 37 Social Distancing supplies and equipment $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 38 (FEMA-eligible) Social services non-congregate sheltering (NCS) all costs $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 39 Social services congregate emergency sheltering $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 40 Social services senior and disability services $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 41 Social services mental health services $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 42 (FEMA-eligible) Technology security systems $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 43 (FEMA-eligible) Technology incident command structure $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 44 Technology remote communication systems and software $ 45,360 $ 45,360 B Justification may include: itemized invoices, receipts, and vouchers with valid dates 45 Technology cameras and other hardware $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 46 Technology subscriptions to video conferencing systems $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 47 Technology setting up and operating electronic payment systems $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 48 Telework equipment $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 49 Expense Category Expense Description Actual Non- FEMA-eligible Costs through December 30 Actual Presumptively FEMA-eligible Costs through December 30 Have Costs Been Paid For with Other Federal Funds? (Y/N) Supporting Documentation Included (Y/N) Total Costs Provide Clarification or Justification for ALL Costs. FEMA costs must include a narrative with "who, what, where, why, and when." Reimbursement Category 64 Other Other Costs Directly Related to Covid-19 $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 65 Other Other Costs Directly Related to Covid-19 $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 66 Other Other Costs Directly Related to Covid-19 $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 67 Other Other Costs Directly Related to Covid-19 $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates TOTAL $ 419,508 $ - $ 419,508 Justification may include: itemized invoices, receipts, and vouchers with valid dates 17 Line Item Number Expenses for this line item $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Support pages (invoice) Support pages (payment) Line Item Number Expenses for this line item $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Support pages (invoice) Support pages (payment) Line Item Number Expenses for this line item $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Support pages (invoice) Support pages (payment) Line Item Number Expenses for this line item $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Support pages (invoice) Support pages (payment) Line Item Number Expenses for this line item $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Support pages (invoice) Support pages (payment) Line Item Number Expenses for this line item $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Support pages (invoice) Support pages (payment) Line Item Number Expenses for this line item $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Support pages (invoice) Support pages (payment) Line Item Number Expenses for this line item $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Support pages (invoice) Support pages (payment) 18 Line Item Number Expenses for this line item $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Support pages (invoice) Support pages (payment) Line Item Number Expenses for this line item $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Support pages (invoice) Support pages (payment) 19 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 21 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 22 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 23 Line Item Number Expenses for this line item $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Support pages (invoice) Support pages (payment) Line Item Number Expenses for this line item $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Support pages (invoice) Support pages (payment) Line Item Number Expenses for this line item $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Support pages (invoice) Support pages (payment) Line Item Number Expenses for this line item $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Support pages (invoice) Support pages (payment) Line Item Number Expenses for this line item $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Support pages (invoice) Support pages (payment) Line Item Number Expenses for this line item $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Support pages (invoice) Support pages (payment) Line Item Number Expenses for this line item $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Support pages (invoice) Support pages (payment) Line Item Number Expenses for this line item $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Support pages (invoice) 24 Support pages (payment) Line Item Number Expenses for this line item $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Support pages (invoice) Support pages (payment) Line Item Number Expenses for this line item $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Support pages (invoice) Support pages (payment) 25 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 26 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 27 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 28 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 29 Memorandum REPORT TO: City Commission FROM: Anna Rosenberry, Assistant City Manager SUBJECT: Recommend Non-Profit Entities and Amounts to be Awarded for City Non- Profit COVID Relief Grants and Authorize City Manager to Sign a Professional Service Agreements for These Grants MEETING DATE: February 2, 2021 AGENDA ITEM TYPE: Administration RECOMMENDATION: Approve recommended non-profit entities and amounts to be awarded for city non-profit COVID relief grants and authorize City Manager to a sign professional service agreements for these grants. STRATEGIC PLAN: 3.2 Health & Safety Action: Work with our partners to improve education, public awareness, and to coordinate programs concerning emergency services, criminal justice, and important social services. BACKGROUND: On November 24, 2020, Resolution 5230 was approved to fund grants to non-profit entities. As stated in the resolution, grants would be based on community impact, the operational or funding difficulties described by the non-profit that have been brought on by the pandemic, organizational capacity within our community, and any other relevant criteria. Since adoption of the Resolution, we were notified by the State that the reimbursement program for the Coronavirus Relief Fund was changing. As a result, the amount of funding available for these grants is $2,145,167 (not the estimated $2.7 Million at the time Resolution 5230 was adopted.) On December 8, 2020, we opened an online grant application portal and encouraged applications to be submitted by December 22nd . Our grant application invitation was open-ended, inviting non-profits to apply for assistance and describe the impact that the pandemic has had on their organizations and clients. We did not list a maximum award cap. We did not state that we would be restricting the grants to only non-profits with a physical location in Bozeman. Instead, we asked applicants to describe how their services impact Bozeman residents. As of December 31, we had received 53 applications with requests totaling over $2.5 Million dollars. We closed the portal on January 4th and began evaluation of the applicants that were received. Application materials can 30 be found here. Applications are found in order of amount requested; the .pdf bookmarks are useful for navigation. After review of all the applications and materials, we recommend that awards totaling $2,145,167 (the full amount available) be made for 48 grants, in the amounts listed in Table 1. The results of this recommendation allocates 77% of the amount available to Housing, Medical/Basic Needs, and Behavioral Health service providers and programs. Non-profits providing education, recreation, cultural, and other services represent 23% of the amount awarded. (Admittedly, many non-profits provide over-lapping service types and benefits. These designations are based on our simple reading of the application materials.) Refer to attached chart. Summary of Recommended Awards Amounts % Housing $ 649,167.00 30% Behavioral Health $ 647,132.00 30% Medical Care & Basic Needs $ 360,532.00 17% All Other: Recreation, Education, Cultural, Environment $ 488,786.00 23% Total Awards $ 2,145,617.00 100% Upon approving this award list, we will contact applicants and seek to enter into a grant agreement with them. The grant agreements will follow our standard form used during the regular budget process for non-profits receiving General Fund support, with some modifications. The contracts will: memorialize the award requirements as described in each of the applications and verify formal non-profit status, and require adherence to non-discrimination in service delivery under the City’s non-discrimination code, and acknowledge equal pay requirements under federal and state law, and commitment to operate any described events in accordance with local, state and federal health rules for COVID 19, and require reporting back to the City at progress points and/or final reporting on their use of funds, and based on the individual proposals, there may be other special terms for some grants, as deemed necessary by the City Manager and City Attorney. UNRESOLVED ISSUES: We are hopeful that all grantees will be agreeable to our terms; however, it is possible that some grantees might not be willing or able to accept the award. The City Manager will report to the Commission if there are contracts 31 we are unable to execute. ALTERNATIVES: Do not fund these awards or award different amounts. FISCAL EFFECTS: As a result of approving this item, we will begin to enter into contracts with the organizations referenced in Table 1. These contracts will authorize the disbursement of grants totaling $2,145,167 from the City’s General Fund. This is the full amount authorized in Resolution No. 5230 for Non-Profit Grant Support. Attachments: Table 1 - Memo Packet.pdf Chart 1 - Memo Packet.pdf Report compiled on: January 20, 2021 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AB C D F Services Provided with Grant Support (note, if not funded) Funding Category Entity Name Dollar Amount Requested Recommended Funding Amount New Behavioral Health Emergency Rooms, furnishings, and staffing for direct patient care and case management services. Behavioral Health Bozeman Health Foundation $ 325,000.00 $ 325,000.00 New staff for street outreach to homeless persons residing in cars/campers and direct support in the form of hotel/camping vouchers, relocation costs, utility deposits, etc. Funding to offset the temporary bridge financing of community housing facility Housing HRDC District IX, Inc. $200,000 + bridge loan debt funding $ 269,167.00 Operational and personnel support for adults with developmental disabilities. Medical Reach, Inc. $ 218,348.00 $ 218,348.00 Operational and personnel support for families experiencing homelessness, including support for housing 24 more families per year, a new Help Us Move In program and additional shelter options Housing Family Promise of Gallatin Valley $ 205,000.00 $ 205,000.00 Bridger Vew project contribution to address the effects of the pandemic on this affordable‐housing project budget, providing pathways to homeownership for median‐earning Bozeman families and community members. Housing Headwaters Community Housing Trust $ 150,000.00 $ 150,000.00 Operational support for effects of pandemic‐related cost increases and cancelled fundraising events. A contribution towards a permanent location (including program expansion space) for Thrive. Behavioral Health Thrive $ 150,000.00 $ 150,000.00 Operational support for effects of pandemic‐related cost increases and cancelled fundraising events. 1 AB C D F Services Provided with Grant Support (note, if not funded) Funding Category Entity Name Dollar Amount Requested Recommended Funding Amount 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Continued reduced and free camps/classes/program spots for families in need of financial assistance. Operational support for effects of pandemic‐related cost increases and decreased admissions/memberships. Education Children's Museum of Bozeman, Inc. dba Montana Science Center $ 20,000.00 $ 20,000.00 Operational support and scholarship assistance for Bozeman School District Worthy Student Scholarship program. Education Bozeman Schools Foundation $ 20,000.00 $ 20,000.00 Operational support to continue scientific data collection efforts to support research and projects. Environmental Adventure Scientists $ 20,000.00 $ 20,000.00 Operational support to continue assistance and programs for people with disabilities. Recreation Eagle Mount Bozeman $ 20,000.00 $ 20,000.00 Operational support for year‐round recreation, sports training and outdoor education. Recreation Crosscut Mountain Sports Center ‐ Program Support $ 20,000.00 $ 20,000.00 Operational support for pandemic related cost increases and revenue declines at public ice facility. Recreation Gallatin Ice Foundation $ 20,000.00 $ 20,000.00 Support for pandemic related staff training, circulum enhancement and speical 1 AB C D F Services Provided with Grant Support (note, if not funded) Funding Category Entity Name Dollar Amount Requested Recommended Funding Amount 47 48 49 50 51 52 53 54 55 56 Books, educational materials, and operational support for early childhood reading program. Education Greater Gallatin United Way Imagination Library $ 5,000.00 $ 5,000.00 Outdoor science kits for children. Education Montana Outdoor Science School (MOSS) $ 3,000.00 $ 3,000.00 Operational support for online teaching activities. Cultural American Computer & Robotics Museum $ 1,250.00 $ 1,250.00 City Employee is Applicant & Entity Registered Agent, apparent conflict with City Charter. Behavioral Health T‐6 Advanced Training & Career Development Group $ 85,000.00 $ ‐ Funded alternate request from this non‐profit. Non‐Profit Operations Support Montana Mindfulness Project $ 20,000.00 $ ‐ Funded two alternate request from this non‐profit. Recreation Crosscut Mountain Sports Center ‐ Paralympic $ 20,000.00 $ ‐ Request to fund free t‐shirts for youth rugby participants. Recreation Bozeman Cutthroat Rugby Football Club $ 10,500.00 $ ‐ Program is not currently operational. Significant distance from Bozeman. Recreation Whitetail Ranch Center $ 5,000.00 $ ‐ TOTALS $ 2,504,539.18 $ 2,145,617.00 + additional funding for bridge loan debt 35 Summary of Recommended Awards Amounts % Housing $ 649,167.00 30% Behavioral Health $ 647,132.00 30% Medical Care & Basic Needs $ 360,532.00 17% All Other: Recreation, Education, Cultural, Environment $ 488,786.00 23% Total Awards $ 2,145,617.00 100% Summary of Recommended Awards Amounts % Total Housing, Mental Health, Health Care $ 1,656,831.00 77% Total All Other $ 488,786.00 23% Total Awards $ 2,145,617.00 100% Note: Many non‐profits provide over‐lapping service types and benefits. For the purpose of these charts, we have indicated one service area based on the application materials Housing, $649,167.00 , 30% Behavioral Health, $647,132.00 , 30% Medical Care & Basic Needs, $360,532.00 , 17% All Other: Recreation, Education, Cultural, Environment, $488,786.00 , 23% Non‐Profict COVID Support ‐ Funding Areas 36 Memorandum REPORT TO: City Commission FROM: Cody Flammond, PE, Engineer II Shawn Kohtz, PE, City Engineer Mitch Reister, PE, Public Works Director SUBJECT: Authorize the City Manager to Sign a Professional Services Agreement with Water and Environmental Technologies, Inc. (WET), to Provide Environmental Consulting Services Pertinent to the East Gallatin Landfill MEETING DATE: February 2, 2021 AGENDA ITEM TYPE: Agreement - Vendor/Contract RECOMMENDATION: Authorize the City Manager to sign a professional services agreement with Water and Environmental Technologies, Inc. (WET), to provide environmental consulting services pertinent to the East Gallatin Landfill. STRATEGIC PLAN: 2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND: The East Gallatin Landfill, located north of Griffin Drive in Bozeman, is an inactive, approximately 30-acre municipal landfill which operated from 1962 to 1970. The City now leases the site to Montana Department of Fish, Wildlife & Parks as part of the East Gallatin Recreation Area (commonly known as Glen Lake). A 1983 CERCLA preliminary assessment by Montana Department of Health and Environmental Services (MDHES) (now the Montana Department of Environmental Quality (DEQ)) summarized the contamination potential from landfill leachate and indicated a site investigation was warranted. EPA consultants sampled soils, groundwater from nearby domestic wells, and sediments and surface water from Glen Lake and the East Gallatin River. None of the contaminant levels found were considered significant and based on investigation and health risk assessment results, EPA declared the facility "No Further Action" under CERCLA. The facility is currently listed as a low priority facility on DEQ's CECRA priority list. The area near the old landfill is now seeing increasing development pressure. In recent years, Gallatin Park Subdivision, Subdivision 154A, and Bridger Vale Subdivision have been platted and are in the process of developing. In addition to Glen Lake, the East Gallatin River, a cold water fishery, flows along the east boundary of the landfill. The recreation area is heavily used in summers for swimming, boating and other water activities. 37 In 2018, WET performed a phase one site assessment summarizing all available environmental data and produced a preliminary conceptual site model. The purpose of this PSA is to provide the necessary professional environmental consulting services to characterize and monitor contaminants at the site and report to and coordinate with the Montana DEQ, as necessary. This work will be the first step in developing a phase two site assessment. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: The total cost for the initial scope of work detailed in these documents is $69,985.00. This work will be paid for using funds in the Engineering Division's budget for Consultants and Professional Services (010-8920-471.5- 10). Attachments: Professional Services Agreement Exhibit A: Scope of Services Report compiled on: January 21, 2021 38 39 40 41 42 43 44 45 46 47 48 49 EXHIBIT A: Scope of Services 50 Providing Technical Solutions For A Complex World · www.waterenvtech.com Butte, MT · 480 E. Park Street · Butte, MT 59701 · 406.782.5220 Anaconda, MT · 118 E. Seventh Street, Room 3H · Anaconda, MT 59711 · 406.563.7476 Great Falls, MT · 1321 Eighth Ave North #103 · Great Falls, MT 59401 · 406.761.2290 December 16, 2020 Mr. Cody Flammond City of Bozeman 20 E. Olive Street Bozeman, MT 59715 RE: Bozeman Old City Landfill Characterization Dear Mr. Flammond, Water & Environmental Technologies (WET) is pleased to provide this proposal and cost estimate for further characterization and monitoring of the Bozeman Old City Landfill (Facility). The proposal was prepared in response to the City of Bozeman’s (City) request for a soil gas and groundwater investigation to further characterize the extent and magnitude of potential impacts at and downgradient from the Bozeman Old City Landfill, which is currently listed as a low- priority Facility on the Montana Department of Environmental Quality (MDEQ) Comprehensive Environmental Cleanup and Liability Act (CECRA) list. The proposed scope of work for this investigation was developed based on the findings and conclusions of the July 2018 Old Bozeman City Landfill Site Assessment report completed by WET, which presented an environmental data summary and preliminary conceptual site model (CSM). The sections below outline WET’s proposed scope of work, estimated costs, and proposed schedule to complete the requested characterization and monitoring activities. Shawn Kohtz with the City and Josh Vincent and Steve Nicholls with WET met with MDEQ in March 2019 to discuss this project. During this meeting MDEQ personnel agreed that the initial monitoring activities could be performed outside of the CECRA/Voluntary Cleanup and Redevelopment Act (VRCA) program requirements. Depending on the findings reported in the annual report, further monitoring may have to be completed under the CECRA/VRCA program. SCOPE OF WORK The purpose of this investigation is to appropriately characterize the magnitude and extent of potential soil gas and groundwater impacts associated with the Old Bozeman City Landfill and develop a more robust assessment of risks to human health and the environment associated with the landfill. The proposed scope of work includes the following work tasks:  Task 1. Project management and Corrective Action Plan (CAP) and additional meetings and/or coordination with the MDEQ CECRA program as needed. The CAP will contain a summary of monitoring activities, field activities and laboratory analyses to be performed, however it will be completed outside of the full scope of CECRA program requirements. 51 Providing Technical Solutions For A Complex World · www.waterenvtech.com  Task 2. Configure a project database which will contain historical data compiled by WET for the 2018 site assessment and all future data that will be collected as part of this characterization.  Task 3. Install two new groundwater monitoring wells, sample drill cuttings, repair two existing groundwater monitoring wells, and install surface monuments on two existing wells and soil gas points (SGPs) to promote their suitability for long term monitoring.  Task 4. Monitor new and existing Old Bozeman City Landfill groundwater monitoring wells and SGPs. All soil gas and groundwater samples will be submitted to an analytical laboratory for analysis of volatile organic compounds (VOCs).  Task 5. Prepare an Annual Report including a description of all monitoring activities conducted the previous year, the data collected, an updated site conceptual model and risk assessment, as well as recommendations for long-term monitoring or corrective action, if necessary. Task 1. Project Management / Corrective Action Plan Duties associated with this task include meetings and project updates with City personnel; coordination with MDEQ CECRA personnel, scheduling of field work and project reporting; coordination with area landowner(s) and other project stakeholders; communicating with subcontractors and vendors; and monitoring the project budget and deliverables. WET personnel will provide status reports to City of Bozeman on an as-needed basis, and with each invoice submitted. The first project deliverable will be a CAP which will include a description of all activities associated with the characterization, including sampling activities, wells installation/repairs, reinforcement of existing soil vapor monitoring stations, laboratory analyses. The CAP will be completed before initiating subsequent characterization work. Task 2. Data Management Historical environmental data will be moved to a project specific database in Microsoft Access format. As long-term monitoring progresses, the database will be kept up to date with newly installed monitoring site locations, field parameters, and laboratory analytical data for groundwater, soil, and soil gas samples. The database can be tailored to make future data entry user friendly. The database will also feature several basic output options to generate reports of field data and laboratory analytical results. WET proposes to enter groundwater and soil vapor sampling field data electronically in the field using ArcGIS Online Survey 123 forms. During and after data entry in the field, the data is initially stored electronically in the cloud. After conclusion of the sampling event, the database will sync with the cloud-based Survey 123 data and update automatically with the newly collected data. Backup field forms will be available for redundancy as needed, and the database will have a data entry form to manually enter or change field data if needed. A copy of the database will be provided to the City of Bozeman with the Annual Report and more frequently, upon request. Task 3. Monitoring Stations - Repair, Reinforcement and Installation Figure 1 shows the locations of existing monitoring wells and soil vapor stations. Well MW-1 will be repaired and well 12 will be fitted with a locking well cap. Additional protection (manhole cover 52 Providing Technical Solutions For A Complex World · www.waterenvtech.com and concrete at the surface) will be added to MW-1, MW-2 and soil gas points sites VW-1 and VW- 2. WET will install two additional groundwater monitoring wells (MW-3 and MW-4) to a depth of approximately 10-20 feet. The proposed locations are included on Figure 1. These locations may be adjusted based on proposed or completed development activities in the vicinity. The wells will be constructed with two-inch diameter polyvinyl chloride (PVC) casing and 0.020-inch factory slotted screen installed across the groundwater table. The annular space between the PVC well and the boring wall will be filled with 10-20 silica sand from the terminal depth of the bore to approximately one foot above the screened interval, and then sealed from this point to approximately one foot below the surface with hydrated bentonite chips. The remaining one foot of annular space will be filled with native backfill from the surrounding ground surface. These wells will be completed with aboveground monuments with locking caps. Task 4. Monitoring Activities Following monitoring well installation, WET will sample the nine existing and two new monitoring wells, as well as the irrigation well adjacent to the East Gallatin Recreation Area facilities building to assess current groundwater quality. Quality Assurance / Quality Control samples will be collected at a frequency specified in the CAP. Monitoring will be conducted using low-flow purge and sample procedures. Groundwater field parameters (temperature, pH, conductivity, dissolved oxygen, and oxidation reduction potential) will be measured during purging, and once parameters stabilize, a groundwater sample will be collected in laboratory-supplied bottles and analyzed for VOCs. During the first quarterly sampling event, additional field activities will include soil vapor sampling of VW-1 and VW-2 and survey of new/repaired wells Soil gas samples will be collected using six-liter summa canisters and analyzed for VOCs. After the initial monitoring event, WET proposes additional quarterly groundwater and soil vapor sampling for a period of one year. Task 5. Project Reporting After one year, and collection of four quarters of environmental data, WET will prepare an Annual Report, which will include:  A discussion of drilling and monitoring activities;  Logs of newly installed groundwater monitoring wells;  Tabulated groundwater and soil gas monitoring data;  Laboratory analytical reports;  Photographs documenting field activities;  A summary of the findings including tabulated analytical data, maps of sample and well locations;  An updated conceptual site model and assessment of risks to human health and the environment, and  Recommendations for further monitoring / corrective actions. 53 Providing Technical Solutions For A Complex World · www.waterenvtech.com COST AND SCHEDULE Work effort levels have been estimated using best professional judgement and typical scenarios related to work of this type. A preliminary cost estimate for an informal investigation outside of CECRA/VRCA program requirements is provided as Attachment A. WET will begin work on the project immediately upon receiving a notice to proceed from the City of Bozeman, with the intention of completing field work in 2021 and monitoring activities in 2021- 2022. The actual start date will depend on weather conditions and access to the facility and its surroundings. A detailed schedule will be prepared as part of the project CAP. We greatly appreciate the opportunity to assist you with the Bozeman Old City Landfill project. If you have any questions or concerns regarding this proposal, please contact me at 406-723- 1534 or jvincent@waterenvtech.com. Sincerely, Joshua Vincent, PE President Attachments: Figure 1 – Bozeman Old City Landfill – Monitoring Sites Attachment A – Project Cost Estimate 54 Providing Technical Solutions For A Complex World · www.waterenvtech.com Figure 1 – Monitoring Sites 55 Tributary - SWWW_00034 Bridger Creek East Gallatin River EGRA Irrigation Well MW-3 MW-4 3 4 5 6 9 11 12 MW-1 MW-2 VW-1 VW-2 . Legend East Gallatin Recreation Area Inferred_Landfill_Boundary Monitoring Sites Proposed Monitoring Well Existing Monitoring Well Existing Soil Vapor Probe EGRA Irrigation Well 0 50 100 200 300 400 500 600 1 inch = 100 feet Job#: COBM02 Date: 12/5/2018 FIGURE 1 Monitoring Locations Old Bozeman City Landfill Path: \wetfs\maps\COBM03\Proposal Figure1 - Monitoring Locations.mxd, Author: svandaele Location Bozeman of Old the City Landfill Glen Lake Bridger Golf Course Creek Facilities Building ? ? ? ? 56 Providing Technical Solutions For A Complex World · www.waterenvtech.com Attachment A – Project Cost Estimate 57 ATTACHMENT A. PROJECT COST ESTIMATE WATER & ENVIRONMENTAL TECHNOLOGIES Date: December 11, 2020 Client Phone #: (406) 582-2280 Client: City of Bozeman Client Contact: Cody Flammond Address: 20 East Olive Street Project Manager: Stefanie Vandaele Description: Bozeman Old City Landfill - Characterization TASK DESCRIPTION PRICE UNITS QTY PRICE TASK 1. Project Management and Corrective Action Plan Preparation Principal Engineer - meetings $160.00 HOUR 8 $1,280.00 Senior Engineer - meetings $130.00 HOUR 14 $1,820.00 Project Engineer - meetings $110.00 HOUR 22 $2,420.00 Mileage - meetings $0.80 MILE 330 $264.00 Senior Engineer - CAP $130.00 HOUR 2 $260.00 Project Engineer - CAP $110.00 HOUR 12 $1,320.00 GIS Specialist - CAP $80.00 HOUR 8 $640.00 Report Copies: LUMP SUM $500.00 $8,504.00 TASK 2. Data Management Database Specialist (1) $120.00 HOUR 84 $10,080.00 Project Engineer $110.00 HOUR 13.5 $1,485.00 Staff Engineer $85.00 HOUR 30 $2,550.00 Mileage $0.80 MILE 160 $128.00 $14,243.00 TASK 3. Monitoring Well Drilling and Repair Senior Engineer $130.00 HOUR 12.5 $1,625.00 Staff Engineer/Hydrogeologist $90.00 HOUR 4 $360.00 Haztech Drilling $5,500.00 EACH 2 $11,000.00 Supplies for Repairs/Reinforcement $320.00 LUMP 1 $320.00 Drill Cuttings Disposal $35.00 TON 1 $35.00 Survey $1,200.00 LUMP 1 $1,200.00 Mileage $0.80 MILE 160 $128.00 $14,668.00 TASK 4.1 Monitoring - Groundwater Staff Engineer/Hydrogeologist $90.00 HOUR 52 $4,680.00 Meters and Equipment $35.00 HR 52 $1,820.00 Sample Consumables $20.00 SAMPLE 52 $1,040.00 $7,540.00 TASK 4.2 Monitoring - Soil Vapor Staff Engineer/Hydrogeologist $90.00 HOUR 8 $720.00 Sample Consumables $100.00 SAMPLE 8 $800.00 $1,520.00 TASK 4.3 Laboratory Analysis Groundwater VOCs $180.00 LUMP SUM 56 $10,080.00 Soil Gas VOCs $247.50 LUMP SUM 8 $1,980.00 Soil VOCs $180.00 LUMP SUM 4 $720.00 $12,780.00 TASK 5. Data Summary Report Senior Engineer $130.00 HOUR 4 $520.00 Project Engineer $110.00 HOUR 60 $6,600.00 Staff Hydrogeologist $85.00 HOUR 14 $1,190.00 GIS Specialist $80.00 HOUR 24 $1,920.00 Report Copies: LUMP SUM $500.00 $10,730.00 ESTIMATED PROJECT TOTAL INCLUDING DATABASE: $69,985.00 Notes (1) Programming costs basic functionality, actual costs for the database will depend on the desired output features. SUBTOTAL: SUBTOTAL: SUBTOTAL: Memorandum REPORT TO: City Commission FROM: Bob Murray, Project Engineer Shawn Kohtz, City Engineer Mitch Reister, Public Works Director SUBJECT: Authorize the City Manager to Sign an Amendment Two to the Professional Services Agreement with Sanderson Stewart for the Story Mill Road Reconstruction from Bridger to Griffin and Bridger/Story Mill Intersection Improvements Project MEETING DATE: February 2, 2021 AGENDA ITEM TYPE: Agreement - Vendor/Contract RECOMMENDATION: Authorize the City Manager to sign an amendment two with Sanderson Stewart. 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 Amendment No. 2 with Sanderson Stewart for the Story Mill Road Reconstruction from Bridger to Griffin and Bridger/Story Mill Intersection Improvements Project. The document is in the City’s standard format. The original professional services agreement for the project only included the predesign task. That task compared the installation of a roundabout and a signal at the intersections and the corridor recommendations for buildout of the street. The first amendment added the wetland delineation and geotechnical evaluation services to the project. This amendment is to add the design phase services for the section of road. This includes widening of the road, installation of a signal at the intersection, installation of the shared use path and sidewalk, bike lanes, storm drainage improvements and installation of street lighting. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: $92,275.00 from Street Impact Fee Fund (projects SIF116 and 117). Attachments: Bridger-Story Amendment No. 2.pdf 59 Report compiled on: January 20, 2021 60 61 62 63 64 65 66 67 68 69 70 71 Memorandum REPORT TO: City Commission FROM: Kellen Gamradt, Engineer II Shawn Kohtz, City Engineer Mitch Reister, Public Works Director SUBJECT: Resolution 5249, Intent to Create Special Improvement District (SID) Number 762 for the Purpose of Undertaking Certain Local Improvements to South 6th Avenue from Babcock Street to Cleveland Street and Financing the Costs Thereof MEETING DATE: February 2, 2021 AGENDA ITEM TYPE: Resolution RECOMMENDATION: Incorporating the information and findings in the staff memorandum, oral findings made by the Commission during the public hearing, information an findings contained in the proposed resolution, and after considering public comment, I hereby move to adopt Resolution 5249 declaring it to be the City's intention to create Special Improvement District (SID) No. 762. STRATEGIC PLAN: 4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND: In FY 2012, the City Commission authorized that additional street maintenance funds be set aside for street reconstruction projects. This street reconstruction money is in addition to the annual street maintenance projects the City funds with its gas tax allocation. It is used to finance a portion of the complete reconstruction of streets which have deteriorated beyond the point where they can be maintained. Current practice per Commission direction is to supplement these street reconstruction funds with a contribution from the residents adjacent to the street who are its primary users and therefore specially benefitted by the street improvements through the creation of an SID. The street proposed for reconstruction this year is South 6th Avenue between Babcock Street and Cleveland Street. In February 2014 the Commission adopted Resolution 4507 which establishes policies regarding the local share for street reconstruction. The resolution contains a table which establishes the funding splits to be used based on traffic counts: Funding Classification Average Daily Traffic (vehicles per day) Funding Split (SID/Reconstruction fund) 72 Local Less than 800 75% / 25% Minor Collector 800 - 1500 50% / 50% Major Collector 1501 - 4500 15% / 85% Arterial More than 4500 100% Traffic counts on the segment of S. 6th Avenue to be reconstructed are up to 217 vehicles per day. Applying the policies established by Resolution 4507 the funding split is 75% street reconstruction money and 25% local share which equates to an assessment of approximately $293 per foot of street frontage for property owners within the district; however, the City’s policy for funding local street reconstructions was revised by commission resolution 5174 in January of 2020. Resolution 5174 states that “…there shall be a maximum of $138 per-lineal-foot assessed to an individual property and paid for through creation of a Special improvement district...” Therefore, the assessment for this district shall be $138 per-lineal-foot. In addition, property owners on South 6th Avenue have requested traffic calming measures to be included with the street improvements which will be 100% financed thru the special improvements district. Proposed Resolution 5249, a Resolution of Intent to Create SID 762, is the first step in the process of creating an SID. The process of creating an SID is regulated by the Montana Code Annotated (MCA), Chapter 7-12, Part 41. The purpose of the Resolution of Intent to Create the SID is to inform the public of the City's intention to raise funds from adjacent property owners to pay for a portion of the authorized improvements. This resolution does not create the SID, it simply begins the process. The Resolution must do the following: 1) designate the number of the district; 2) describe the boundaries thereof; 3) state the general character of the improvements and the approximate estimated cost; and 4) state the method of assessment to be used. The number of this SID will be 762. The boundaries of the district include all of the parcels of property directly fronting on South 6th Avenue between Babcock Street and Cleveland Street. The general character of the improvements consist of roadway improvements including repaving of the road, replacement of curbing, installation of storm drainage improvements, and pedestrian ramps. There are four methods of assessment which are allowed by the MCA - the area method which is based on the area of the lot, the frontage method which is based on the lots width fronting the street, the assessed valuation method which uses the assessed valuation of the parcel and the equal shares method. As on the previous six Street Reconstruction projects: South 8th, East Story Street, North Wallace Avenue, East Olive Street, South Tracy Avenue and North Tracy Avenue, staff recommends using the lot frontage method of assessment for this SID. Engineering Division staff have hosted two neighborhood meetings to present information about the proposed project to the local residents. At the 73 meetings staff discussed the project design elements, proposed schedule, estimated costs and proposed method of assessment. The proposed schedule for this project is as follows: Resolution of Intent to Create February 2, 2021 Mail Notice of Public Hearing February 5, 2021 Publish Notice of Public Hearing February 7 and 14, 2021 (protest period begins upon first publication of the notice of passage of the resolution of intent) End of Protest Period February 24, 2021 Public Hearing on Resolution of Creation March 2, 2021 Advertise for Construction Bids March 7 – March 28, 2021 Open Bids March 30, 2021 Award Contract April 11, 2021 The protest period begins upon first publication of the notice of the public hearing, in this case February 7, 2021. The 15 day protest period begins on February 7, 2021 and ends on February 24, 2021 (two additional days are added to the protest period for the intervening holiday). PROPOSED FINDINGS: Should the Commission move to adopt Resolution 5249, we suggest incorporating the following findings in addition to any oral findings entered into the record by the Commission at the public hearing: 1. South 6th Avenue and associated infrastructure improvements, were constructed between 1889 and 1927 as part of the Capital Hill Addition to the City of Bozeman, the Park Addition to the City of Bozeman, and Special Improvement Districts 84, 88, 105, 156 and 261. 2. Over the following decades, the city continued to develop and expand and in 1969, a trunk sewer main was constructed in South 6th Avenue between Babcock Street and Story Street. 3. By the early 2000’s South 6th Avenue had fallen into a failed condition as a result of age and an increase in heavy vehicular traffic. The original street section was not designed for modern vehicle loading and the curb and gutter did not meet current city standards. In addition, most of the water and sewer lines were past their useful lives. 4. In 2013, the City hired a consultant to perform a citywide inventory of our street pavement conditions. The results of the survey indicated that North Tracy Avenue was among the worst streets for pavement condition in the City and was placed on a list for a local street reconstruction. 5. An engineering design was completed earlier this year to reconstruct South 6th Avenue to a City Standard Local Street and install new water, sewer and storm drainage utilities. 6. The planned Improvements will preserve public safety by providing through lanes and drive approaches for those who reside along this street or use the street to access their residences and businesses. Safety will be improved, especially for those properties within the District, by 74 reconstructing roadway that has deteriorated beyond the point where it can be maintained and by installing pedestrian ramps and traffic control signage. The planned storm water collection improvements will benefit properties within the district by improving drainage and reducing the risk of flooding caused by major storm events. UNRESOLVED ISSUES: As discussed above, SID creation is subject to protest by the property owners to be assessed. The sufficiency of protest is outlined in 7-12-4113, MCA. Simply stated, if protest is made by property owners to be assessed for more than 50% of the costs of the proposed work, further proceedings are barred for six months. Should this occur, our plan is to move on to the next street which needs reconstruction. There are more than enough streets requiring reconstruction to keep us busy for a number of years to come. However, at some point in the future, the community at large will not be able to absorb the displaced traffic that will result from the failure to reconstruct local streets that are a critical component of the City’s street network. At that time, the Commission will be asked to provide direction on how to finance local street improvements in the face of local opposition to SIDs. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: Current Budget: The FY22 Approved Budget anticipated the reconstruction of W. Harrison Street (between Wilson and S. 8th Avenue) with a total project cost of $1,436,474; 25% from the Street Reconstruction Funds ($359,118) and 75% SID financed through the SID ($1,077,355). Homeowners did not accept this project and the project has been moved to the bottom of the list of local street improvement projects. The South 6th Avenue project was moved forward. If SID 762 is created a budget amendment will be needed to increase the total appropriation by $755,526 to $2,192,000. Project Costs: The total estimated cost of the street and storm drain improvements are $2,192,000. The City can commit, per its policy, $1,410,870.02 from the Street Reconstruction fund to reduce the costs to the SID, leaving $781,129.98 to be funded by the SID. In addition, the SID will be responsible for an estimated $1,000 in incidental costs related to the creation of the SID for a total of $781,129.98. If the Commission adopts Resolution 5249 based on the recommended method of assessment, that is, linear feet lot frontage, then for an average residential lot with 60 ft. of frontage, the total estimated assessment would be $8,464.20. At the current estimated interest rate of 2% (1.5% estimated interest on the interfund loan discussed below, plus 0.5% simple interest on assessments in accordance with 7-12-4189, MCA), a typical property would be assessed including interest approximately $515.56 annually over a period of twenty years. Financing. Costs and expenses of construction of the Improvements will be paid for by assessments levied against benefitted properties; we propose to finance the initial construction costs by transferring excess money in the 75 City’s SID Revolving Fund to the General Fund and then loaning these monies to the North Tracy SID. Years ago, the City created an SID Revolving Fund, the purpose of which is to “secure prompt payment of any special improvement district bonds or warrants issued in payment of improvements made.” See 7-12-4221, MCA. State law does not authorize the City to loan money directly from the SID Revolving Fund to a SID construction fund to finance improvements to be paid for by assessments on properties. State law does authorize transferring excess funds of the SID Revolving Fund to the General Fund. See 7-12-4227, MCA. The City’s SID Revolving Fund has cash in excess of the statutorily required amount (10% of outstanding SID debt). The minimum amount the City must maintain in the Revolving Fund to comply with statutory requirements for this project is $51,050. For this SID, we recommend transferring a portion of this excess in an amount equal to the portion of the improvements to be assessed against benefitted property in the District to the General Fund to be deposited into a new SID fund within the General Fund. The purpose of the transfer is to have the General Fund underwrite the SID’s share of the costs of the Improvements through an “interfund loan” to the SID 762 construction fund with a 20-year repayment term at 2.0% interest. An interfund loan has a number of benefits, including a lower interest rate for the District property owners, and avoidance of the costs and time- consuming work of underwriting a bond sale. The SID Fund within the General Fund will be paid back as property owners make their payments over time, with interest. Should SID 762 be created, we will present the Commission a proposed resolution approving the transfer of the excess SID Revolving Fund to the General Fund, a resolution approving the interfund loan documents, and a proposed budget amendment resolution for the Street Reconstruction Fund. Attachments: RES 5249.docx Exhibit A.pdf Exhibit B.pdf Exhibit C.pdf Letter to Property Owners - Exbhibit D.doc NOTICE OF PASSAGE OF RESOLUTION OF INTENT - Exhibit E.doc PROTEST FORM Special Improvement District Creation.docx Report compiled on: January 20, 2021 76 Version April 2020 RESOLUTION 5249 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 762 FOR LOCAL IMPROVEMENTS TO SOUTH 6TH AVENUE; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF MUNICIPAL WARRANTS. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1. Proposed Improvements; Intention To Create District. The City proposes to undertake certain local improvements (the “Improvements”) to benefit certain property located in the City limits. The improvements consist of roadway improvements to South 6 th Avenue between Babcock Street and Cleveland Street, including: repaving of the road, replacement of curbing, installation of storm drainage improvements, and pedestrian ramps, as more particularly described in Section 5. The total estimated costs of the Improvements are $2,192,200. Pursuant to Resolution 5174, $1,410,870.02 will be paid from the City’s Street Maintenance District fund, leaving $781,129.98 of the costs of the Improvements to be funded through the District (hereinafter referred to as the “District's Share of the Improvements”). It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Parts 41 and 42, as amended, a special improvement district (the “District”) for the purpose of financing the District's Share of the Improvements and paying costs incidental thereto, including any costs associated with issuance of warrants drawn against special assessments to be paid by benefitted properties in the District (the “Warrants”), the creation and administration of the District, and the funding of an administrative charge to the General Fund for costs associated with financing of the Improvements (collectively the "Incidental Costs"). The total estimated cost of the District's Share of the Improvements, including such Incidental Costs, to be financed is $782,129.98. The City Commission intends to provide the funds to pay the District’s Share of the Improvements and the Incidental Costs through a transfer of excess funds in the City’s Special Improvement District Revolving Fund (the “Revolving Fund”) to the City’s General Fund with such funds to be applied by the General Fund to finance the District’s Share of the Improvements and Incidental Costs. The City Commission intends to direct that the funds so applied will be evidenced by and will purchase the Warrants issued against the SID 762 South 6 th Avenue Fund into which special assessments 77 Version April 2020 paid by owners of benefitted properties in the District will be deposited. The properties in the District subject to assessment will be specially benefited by the Improvements in an amount not less than $782,129.98. Section 2. Number of District. The District, if the same shall be created and established, shall be known and designated as Special Improvement District No. 762 of the City of Bozeman, Montana. Section 3. Boundaries of District. The limits and boundaries of the District are depicted by the continuous line circumscribing the exterior boundaries of the properties shown on the map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof) and includes all those lots and parcels on South 6 th Avenue between Babcock Street and Cleveland Street which front directly on South 6 th Avenue, legal descriptions of which are contained in Exhibit B hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. Section 4. Benefitted Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A and Exhibit B are hereby declared to be the special improvement district and the territory that will benefit from and be benefitted by the Improvements and will be assessed for a portion of the costs of the Improvements as described herein. The property included within said limits and boundaries is hereby declared to be the property benefitted by the Improvements. Section 5. General Character of the Improvements. The Improvements to be constructed generally consist of removing the existing street pavement and curbing, installing a 33-foot-wide street section on South 6 th Avenue with gravel base course material, asphaltic cement surfacing, City standard curbs and gutters, pedestrian ramps, traffic control signage and pavement striping, storm drains, and all related improvements on these streets. The Improvements shall include the engineering design, construction, inspection and engineering certification of asphalt cement paving, gravel base courses and subgrade preparation, storm drainage, and all necessary permits and appurtenances to complete the road installation. Each lot, parcel, or tract abutting such portion of South 6 th Avenue, as set forth on the attached Exhibit B, will be improved with or benefitted by such Improvements. Section 6. Engineer and Estimated Cost. The City, acting through its City Engineer, shall be the engineer for the District. The Engineer has estimated the costs of the Improvements to be $2,192,000, as shown on Exhibit C, attached hereto (and hereby incorporated herein and made a part hereof). The City has committed $1,410,870.02 in Street Maintenance District funds, in accordance with Commission Resolution No. 5174, to the costs of the Improvements. The District's Share of the Improvements, plus the Incidental Costs, are $782,129.98. The District’s Share of the costs of the Improvements to be financed by the proceeds of the Warrants are shown on Exhibit B (which is hereby incorporated herein and made a part hereof). Section 7. Assessment Methods. 7.1. Property To Be Assessed. All properties in the District will be assessed for their 78 Version April 2020 proportionate share of the costs of the District's Share of the Improvements plus the Incidental Costs from which they derive a benefit as determined and set forth herein. The District's Share of the Improvements plus the Incidental Costs shall be assessed against the property in the District benefitting from these Improvements, based on the method as authorized by Section 7-12-4163, M.C.A., as particularly applied and set forth in Section 7.2 hereof. 7.2. Lot Frontage. The District's Share of the Improvements plus the Incidental Costs will be assessed using the lot frontage method of assessment. The Engineer has determined the lineal feet of the frontage on North Tracy Avenue of each lot, tract or parcel, based on current recorded plats and certificates of survey for each lot, tract or parcel of land, on file at the Clerk and Recorder’s office. The total lineal feet frontage of the District to be assessed, exclusive of streets, roads, and rights-of-way, is 5,537.18 feet. The total estimated cost of the District's Share of the Improvements, including Incidental Costs, to be funded through the District is $782,129.98 and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs of the District's Share of the Improvements that the frontage of such lot, tract or parcel bears to the total frontage of all lots, tracts or parcels of land in the District, exclusive of streets, roads, and rights-of-way. The District's Share of the Improvements plus the Incidental Costs per lineal foot of frontage, exclusive of interest, shall not exceed $138 plus $3.07 for traffic calming additions. The estimated principal assessment for each lot, tract or parcel of land for the District's Share of the Improvements is shown on Exhibit C hereto. 7.4. Principal Amount Only; Interest Rate. The estimated dollar amount of each special assessment against each lot, tract, or parcel in the District is only the principal amount of such special assessment. Notwithstanding any provision herein to the contrary, pursuant to 7-12- 4189(1), MCA, all unpaid special assessments will bear interest at a rate equal to the sum of the average interest rate payable on the outstanding Warrants at the time the assessment is levied plus not less than ½ of 1% per year. 7.4. Assessment Methodology Equitable and Consistent with Benefit. This Commission hereby determines that the method of assessment described above and the assessment of costs of the District's Share of the Improvements against the properties benefitted thereby as prescribed in this Section 7 are equitable and in proportion to and not exceeding the special benefits derived from the Improvements by the lots, tracts and parcels to be assessed therefore within the District. Section 8. Payment of Assessments. The special assessments for the costs of the District's Share of the Improvements plus the Incidental Costs shall be payable over a term not exceeding (20) twenty years, each in equal semi-annual installments of principal, plus interest, or equal semi- annual payments of principal and interest, as this Commission shall prescribe in the resolution authorizing the issuance of the Warrants. Property owners have the right to prepay assessments as provided by law. The estimated total principal amounts of special assessments against properties in the District are shown on the attached Exhibit B. Such amounts are estimates only and are exclusive of interest. In the event the District is created and the Warrants are issued, and excess Revolving Fund monies transferred to the City’s General Fund to purchase the Warrants thereby making available funds to finance the District’s Share of the Improvements including the Incidental Costs, the special assessments levied against properties in the District will be stated as semiannual installments of principal and interest over a term of up to twenty (20) years. 79 Version April 2020 Section 9. Method of Financing. The City on behalf of the District will issue the Warrants payable to the General Fund in an aggregate principal amount not to exceed $782,129.98 in order to finance a portion of the costs of the Improvements and all Incidental Costs. The City Commission intends to use excess monies of the Revolving Fund transferred to the General Fund to purchase the Warrants to make funds available to finance the District’s Share of the Improvements including the Incidental Cost, such Warrants to be held by the General Fund and drawn against the SID 762 South 6 th Avenue Fund. Principal of and interest on the Warrants will be paid from special assessments levied against the benefitted properties in the District. In determining it intends to authorize a loan from the General Fund to the SID 762 South 6 th Avenue Fund, this Commission has taken into consideration the following factors: (a) Diversity of Property Ownership. There are 84 (eighty four) separate parcels of land in the District, with 78 separate owners. (b) Comparison of Special Assessments and Property Taxes and Market Value. The City has compared the estimated market value of each lot, tract, and parcel in the District after the Improvements are made to the amount of the proposed special assessments against each lot, tract, and parcel in the District. The estimated market value of each lot, tract, and parcel in the District after the Improvements are made is expected to be in excess of the proposed special assessments against each lot, tract, and parcel in the District. (c) Outstanding Special Assessments. As of the date of this resolution, the amount of special assessments against properties in the District is relatively low compared to the market value of the property. (d) Delinquencies. The records of the County Assessor show that of the 28 taxable properties in the District, nine (9) properties have delinquent property taxes or annual city assessments. The total value of delinquent property taxes within the district equals $18,653.09 and the total delinquent city assessments equal $1,097.21. (e) The Public Benefit of the Improvements. The planned Improvements will preserve public safety by providing through lanes and drive approaches for those who reside along this street or use the street to access their residences and businesses. Safety will be improved, especially for those properties within the District, by reconstructing roadway that has deteriorated beyond the point where it can be maintained and by installing pedestrian ramps and traffic control signage. The planned storm water collection improvements will benefit properties within the district by improving drainage and reducing the risk of flooding caused by major storm events. Section 10. Public Hearing; Protests. At any time within fifteen (15) days (or such longer period if required by law) from and after the date of the first publication of the notice of the passage 80 Version April 2020 and approval of this Resolution, any owner of a lot, tract, or parcel within the District subject to assessment and taxation for the cost and expense of making the Improvements may make and file with the City Clerk until 5:00 p.m., MT, on the expiration date of said 15-day period (February 24, 2021) written protest against the proposed Improvements, or against the creation of the District. Such protest must be in writing, identify the property in the District owned by the protestor and be signed by all owners of the property. The written protest must be delivered to the City Clerk, who shall endorse thereon the date and hour of its receipt. For purposes of calculating protests under Section 7-12-4113, M.C.A., the sufficiency or insufficiency of protests, if any, as to the entire proposed District shall be based on the estimated total principal amount of special assessments made by valid protestors in the District as compared to the estimated total principal amount of special assessments to be levied against all properties in the District. The Commission will at its next regular meeting after the expiration of the protest period, on March 2, 2021, proceed to hear and pass upon all such protests so made and filed. Section 11. Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in the owner's name upon the last completed assessment roll for state, county, and school district taxes, at the owners last-known address, on or before the same day such notice is first published. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 81 Version April 2020 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”) hereby certify that the attached resolution is a true copy of Resolution No. 5249, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 762 FOR LOCAL IMPROVEMENTS TO SOUTH 6 TH AVENUE; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF MUNICIPAL WARRANTS” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on February ____, 2021, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: ______________________________________ _____________________________________________________________________________; voted against the same: __________________________________________________________; abstained from voting thereon: ____________________________________________________; or were absent: ________________________________________________________________. WITNESS my hand officially this _____ day of February, 2021. _______________________________________ City Clerk 82 S 6th Ave SID #762 ¯ W Babcock St to Exhibit A W Cleveland St S 6th Ave S 5th Ave S 7th Ave S 7th Ave W Babcock St W Olive St W Curtiss St W Koch St W Story St W Dickerson St W Alderson St W College St W Harrison St W Cleveland St W Harrison St W College St W Alderson St W Dickerson St W Story St W Koch St W Curtiss St W Olive St Legend Parcels SID Boundary S 8th Ave 83 EXHIBIT B Property Address Property Owner Property Owner 2 Mailing Address City State S 6th Frontage (LF) Assessment Amt Zip Code 522 W Babcock St Lohss, Sharon S 6450 S 3rd Ave Bozeman MT 127.8 $ 18,028.75 59715‐8352 114 S 6th Ave Papera, Brenda F 114 S 6th Ave Bozeman MT 75 $ 10,580.25 59715‐4557 521 W Olive St 521 West Olive LLC 171 Duane St Apt #2 New York NY 100 $ 14,107.00 10013‐3354 522 W Olive St Cosgrove, Patricia A Pessl, Erich 522 W Olive St Bozeman MT 124.7 $ 17,591.43 59715‐4550 214 S 6th Ave Harvey, Tim L 214 S 6th Ave Bozeman MT 70.27 $ 9,912.99 59715‐4559 218 S 6th Ave Bullock, Robert E & Deborah L 218 S 6th Ave Bozeman MT 54.73 $ 7,720.76 59715‐4559 224 S 6th Ave Reetz, Kevin & Chelsea 224 S 6th Ave Bozeman MT 50 $ 7,053.50 59715 302 S 6th Ave Adams, Michael C 11 Embarcadero W Oakland CA 62.5 $ 8,816.88 94607‐4578 308 S 6th Ave Smith, Stacie A & Petersen, Bryan 308 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4561 312 S 6th Ave Johnson, Margaret Lakey Johnson Trust 312 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4561 316 S 6th Ave Hartnett, Brett A & Sallie Jane 316 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4561 320 S 6th Ave Brennan, Scott R & Angela L 320 S 6th Ave Bozeman MT 37.5 $ 5,290.13 59771‐0685 517 W Koch St Laurelli, Alexandra 517 W Koch St Bozeman MT 50 $ 7,053.50 59715‐4571 404 S 6th Ave Prugh, W Lisa 404 S 6th Ave Bozeman MT 75 $ 10,580.25 59715‐4562 408 S 6th Ave Schroeder, Richard & Joy 408 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4562 412 S 6th Ave Macevicz, Stephen C Phillips, Cynthia 1114 S 3rd Ave Bozeman MT 50 $ 7,053.50 59715‐5265 416 S 6th Ave Johnson, Martin & Gulbranson, Lexi 416 S 6th Ave Bozeman MT 62.5 $ 8,816.88 59715‐4562 422 S 6th Ave Pohl, Richard & Mary Sue 422 S 6th Ave Bozeman MT 62.5 $ 8,816.88 59715‐4562 502 S 6th Ave Stanley, Laura Living Trust 502 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4549 521 W Olive St ra Living Trust (Unaddressed Parcel s. of 502 S 6th?) 521 W Olive St Bozeman MT 50 $ 7,053.50 59715 510 S 6th Ave Sylvis, Russell Atkinson, Kathryn 510 S 6th Ave Bozeman MT 62.5 $ 8,816.88 59715‐4564 516 S 6th Ave Kirchhoff, Steve & Colette 516 S 6th Ave Bozeman MT 75 $ 10,580.25 59715‐4564 522 S 6th Ave Burrows, Susan 522 S 6th Ave Bozeman MT 62.5 $ 8,816.88 59715‐4564 602 S 6th Ave Smith, Billy G Maskiell, Michelle 602 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4566 606 S 6th Ave Farrington, Clifford A c/o Charles Farrington 606 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4566 610 S 6th Ave Mercer, David & Serena 922 S 3rd Ave Bozeman MT 50 $ 7,053.50 59715‐5261 614 S 6th Ave Breuckman, Zebadiah 614 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4566 620 S 6th Ave Reichmuth, Ediltrudis 622 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4566 622 S 6th Ave Reichmuth, Ediltrudis 622 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4566 702 S 6th Ave Hannan, Erich & Molly 702 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4568 706 S 6th Ave Cheever, Daniel & Karen Rev Living Trust 16044 NW Telshire Dr Beaverton OR 50 $ 7,053.50 97006‐7273 712 S 6th Ave Oleary, Martha Ann 1550 Meadow Ln Steamboat Spr CO 51 $ 7,194.57 80487‐1729 716 S 6th Ave Frost, Mary L Kerin, Richard T 609 S 6th Ave Bozeman MT 49 $ 6,912.43 59715 720 S 6th Ave Stucky, Roger 720 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4568 726 S 6th Ave Spinelli, Michael & Cindi 726 S 6th Ave Bozeman MT 103.17 $ 14,554.19 59715‐4568 522 W College St Ramseth, Mark & Carol Fleming, Jeni 522 W College St Bozeman MT 42.5 $ 5,995.48 59715‐5126 806 S 6th Ave Nelson, Faye & Wyatt 806 S 6th Ave Bozeman MT 37.5 $ 5,290.13 59715‐5132 808 S 6th Ave Noyes, Eric & Shaw, Juliette 808 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐5132 814 S 6th Ave Kollin, Susan & Flory, Daniel 814 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐5132 818 S 6th Ave Johnson, Erick & Dunlop, Catherine 818 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐5132 525 W Harrison St Scharf, Danielle 1311 Wildflower Way Bozeman MT 100 $ 14,107.00 59715‐9564 902 S 6th Ave Mitchell, Dana 3322 S 29th Ave Bozeman MT 37.5 $ 5,290.13 59718‐3711 84 906 S 6th Ave Crayton, Robert & Cynthia Rev Living Trust 4027 Bridger Canyon Rd Bozeman MT 37.5 $ 5,290.13 59715‐8433 910 S 6th Ave Musselman, Jeffrey & Heather 910 S 6th Ave Bozeman MT 75 $ 10,580.25 59715‐5134 521 W Cleveland St Davenport, Stephen & Nancy 2820 Arcona Rd Mechanicsburg PA 135.91 $ 19,172.82 17055‐5905 MSU MSU ‐ CDPC ‐ Plew Building & Grant St; Attn: Richard Rudn PO Box 172760 Bozeman MT 300 $ 42,321.00 59717‐2760 823 S 6th Ave L & C Holdings LLC PO Box 1342 Belgrade MT 75 $ 10,580.25 59714‐1342 819 S 6th Ave Wunsch, Andrew & Michele 819 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐5131 815 S 6th Ave Perkins, Steven 3107 Summer View Ln Bozeman MT 50 $ 7,053.50 59715‐8255 811 S 6th Ave Timmer, James & Joanne 811 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐5131 807 S 6th Ave Sands, Claire & Baker, Benjamin 807 S 6th Ave Bozeman MT 53 $ 7,476.71 59715‐5131 801 S 6th Ave Taylor, Leslie 801 S 6th Ave Bozeman MT 47 $ 6,630.29 59715‐5131 725 S 6th Ave Merrell Family LLC 7505 Central Ave Indianapolis IN 53.2 $ 7,504.92 46240‐2854 721 S 6th Ave Paxton, John T 721 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4567 719 S 6th Ave Ekey, Robert & Thomas, Kristine 719 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4567 715 S 6th Ave Selby, Corrine J 709 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4567 709 S 6th Ave Selby, Corrine J 709 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4567 705 S 6th Ave Smith, Gordon 705 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4567 701 S 6th Ave Frostic, Peter & Maria PO Box 6009 Bozeman MT 50 $ 7,053.50 59771‐6009 621 S 6th Ave Keith, Garnett L Jr Attn: G Choong PO Box 500 Lexington MA 50 $ 7,053.50 02420‐0005 617 S 6th Ave Moore, Colleen 617 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4565 613 S 6th Ave Donahoe, Patrick 613 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4565 609 S 6th Ave Kerin, Richard & Frost, Mary 609 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4565 605 S 6th Ave Macevicz, Stephen C Phillips, Cynthia 1114 S 3rd Ave Bozeman MT 50 $ 7,053.50 59715‐5265 601 S 6th Ave Vallor, Gregory & Rosanna 601 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4565 521 S 6th Ave O'Neill, Stephen & Sally 521 S 6th Ave Bozeman MT 75 $ 10,580.25 59715‐4563 515 S 6th Ave Bishop, Lila M 515 S 6th Ave Bozeman MT 75 $ 10,580.25 59715‐4563 602 W Story St Colon, Suzanne 602 W Story St Bozeman MT 130 $ 18,339.10 59715‐4401 Cooper Park City of Bozeman PO Box 1230 Bozeman MT 300 $ 42,321.00 59771 321 S 6th Ave Fuller, Holly 321 S 6th Ave Bozeman MT 54.5 $ 7,688.32 59715‐4560 317 S 6th Ave Running, Alice 317 S 6th Ave Bozeman MT 54 $ 7,617.78 59715‐4560 313 S 6th Ave Landis, David & Jacquelyn 313 S 6th Ave Bozeman MT 66 $ 9,310.62 59715‐4560 309 S 6th Ave Hamilton, Marty & Mary Rev Living Trust 309 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4560 303 S 6th Ave Bode, Dwight & Pamela PO Box 1078 Jackson WY 75 $ 10,580.25 83001 221 S 6th Ave Kasper, Karl & Deborah 221 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4558 217 S 6th Ave Haggerty, Mark & Julia 217 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4558 215 S 6th Ave Haggerty, Mark & Julia 217 S 6th Ave Bozeman MT 50 $ 7,053.50 59715‐4558 209 S 6th Ave Ryen, Joyce 209 S 6th Ave Bozeman MT 75 $ 10,580.25 59715‐4558 201 S 6th Ave Dalton, Joseph & Lora 201 S 6th Ave Bozeman MT 75 $ 10,580.25 59715‐4558 125 S 6th Ave Pickard, Cory & Ronda & Finch, Sharon 210 W Curtiss St Bozeman MT 50 $ 7,053.50 59715 119 S 6th Ave Peterson, Gregory & Ann PO Box 6725 Bozeman MT 85 $ 11,990.95 59771‐6725 113 S 6th Ave Eller, Scott Hamilton, Katrina 113 S 6th Ave Bozeman MT 45 $ 6,348.15 59715‐4556 101 S 6th Ave Harris Brothers LLC PO Box 1732 Bozeman MT 127.9 $ 18,042.85 59771‐1732 Total Accessable LF 5537.18 Assessement Amount $ 141.07 Total Assessment $ 781,129.98 85 Exhibit C Item Description Unit Est. Quantity Unit Price Total Price 101 Taxes, Bonds, Insurance L.S. 1 $ 50,000.00 $ 50,000.00 102 Mobilization L.S. 1 $ 100,000.00 $ 100,000.00 103 Unclassified Excavation Above Subgrade C.Y. 8,740 $ 20.00 $ 174,800.00 104 Remove Existing Concrete Curb L.F. 6,207 $ 6.00 $ 37,242.00 105 Remove Existing Concrete Sidewalk, Ped Ramps, and Drive & Alley Approaches S.F. 8,576 $ 3.00 $ 25,728.00 106 Geotextile Separation Fabric S.Y. 13,780 $ 1.05 $ 14,469.00 107 3" Minus Uncrushed Subbase C.Y. 7,046 $ 33.00 $ 232,518.00 108 1" Minus Crushed Base Course C.Y. 3,504 $ 39.00 $ 136,656.00 109 Asphalt Concrete Pavement 3" Thickness S.Y. 15,076 $ 18.00 $ 271,368.00 110 Concrete Curb and Gutter L.F. 6,207 $ 16.00 $ 99,312.00 111 Ped Ramps, Drive and Alley Approach, and Sidewalk (6" Depth) S.F. 9,079 $ 9.00 $ 81,711.00 112 Concrete Fillet & Double Gutter S.F. 1,876 $ 11.00 $ 20,636.00 113 Concrete Sidewalk 4" Depth S.F. 2079 $ 8.00 $ 16,632.00 114 ADA Detectable Warning Panel S.F. 799 $ 50.00 $ 39,950.00 115 Trench Restoration L.F. 607 $ 25.00 $ 15,175.00 116 Asphalt Surface Restoration S.Y. 501 $ 22.00 $ 11,022.00 117 Traffic Calming Additions L.S. 1 $ 17,000.00 $ 17,000.00 118 4" Sch 80 PVC Utility Conduit L.F. 779 $ 15.00 $ 11,685.00 119 Topsoil, Sod & Site Restoration L.S. 1 $ 25,000.00 $ 25,000.00 120 Boulevard Topsoil Excavation C.Y. 30 $ 20.00 $ 600.00 121 Traffic Control L.S. 1 $ 80,000.00 $ 80,000.00 122 2" Square Tube Metal Posts L.F. 1,665 $ 40.00 $ 66,600.00 123 Aluminum Signs S.F. 855 $ 35.00 $ 29,925.00 124 Epoxy Pavement Marking (Curb, Top & Face) GAL 43 $ 260.00 $ 11,180.00 125 Construction Staking & Quality Assurance L.S. 1 $ 50,000.00 $ 50,000.00 126 Exploratory Excavation HR 20 $ 150.00 $ 3,000.00 127 Miscellaneous Work EA 50,000 $ 1.00 $ 50,000.00 TOTAL SCHEDULE 1 ESTIMATE $ 1,672,209.00 Item Description Unit Est. Quantity Unit Price Total Price 401 Remove Existing Storm Sewer Inlet EA 28 $ 500.00 $ 14,000.00 402 12" SDR 35 PVC Storm Sewer Pipe L.F. 750 $ 60.00 $ 45,000.00 403 15" SDR 35 PVC Storm Sewer Pipe L.F. 1850 $ 65.00 $ 120,250.00 404 4' Dia. Storm Manhole EA 12 $ 3,000.00 $ 36,000.00 405 Standard Storm Drain Inlet EA 24 $ 3,000.00 $ 72,000.00 406 Combo 4' Dia. Storm Inlet/Manhole EA 2 $ 3,500.00 $ 7,000.00 407 Connection to Existing Storm Manhole EA 3 $ 2,000.00 $ 6,000.00 408 Miscellaneous Costs EA 20000 $ 1.00 $ 20,000.00 TOTAL SCHEDULE 4 ESTIMATE $ 320,250.00 TOTAL COMBINED SCHEDULE 1, 2, 3 AND 4 BID $ 1,992,459.00 W/ 10% Contingency $ 2,191,704.90 Engineers Estimate Schedule 4: Installation of new storm drain and inlets on South 6th Avenue 2021 South 6th Avenue Street Reconstruction Engineers Estimate Schedule 1: Reconstruction of South 6th Avenue from Babcock to Cleveland including: removing the existing road section from curb-to-curb an constructing a new road section, installation of storm sewer, new signage, spot replacement of existing sidewalks, replacing drive approaches, adjusting existing utilities to accomodate the new roadway, restoring boulevards to pre-existing conditions, and all related work incidental to construction. 86 February 4, 2021 RE: Notice of passage of resolution of intent to create the Special Improvement District 762, notice of right to protest, notice of resolution for tax levy, and notice of public hearing on Tuesday, March 2, 2021 Dear Property Owner: Special Improvement District 762 On Tuesday, March 2, 2021 at 6:00 pm, the Bozeman City Commission (“Commission”) will hold a public hearing to consider written protests to the formation of the Special Improvement District 762 to fund street reconstruction improvements to South 6th Avenue between Babcock Street and Cleveland Street. The public hearing will be via Webex or other technology due to the City’s declaration of emergency for the Covid-19 pandemic. You are being mailed this letter and the accompanying Notice and forms because you are considered an owner of real property within the proposed district. At a commission meeting on February 2, 2021, the Commission adopted Resolution 5249, a resolution of intent to create Special Improvement District 762 (the “District”). Attached to this letter you will find a copy of the notice of passage of Resolution 5249. Resolution 5249 is on file in the City Clerk’s office located at City Hall, 121 North Rouse Avenue, Suite 200 and can also be found on the City’s website at www.bozeman.net by following the steps provided: I want to button, view document center, Commission Documents, Resolutions, 2021 Resolutions, and by clicking on Resolution No. 5249. The District, if created, will comprise the area shown on Exhibit A of Resolution 5249 (attached) and will be for the purpose of constructing street and storm drainage improvements to South 6th Avenue between Babcock Street and Cleveland Street. If created, the costs of the District will be assessed bi-annually to all owners of real property within the District based upon the amount of frontage of each lot or parcel, expressed in linear feet. Total assessment amounts by parcel can be found in Exhibit C (attached). If created, Resolution 5250 levying the assessment will be considered for adoption on Tuesday, March 2, 2021 at 6:00 pm in the Commission Room at Bozeman City Hall and you will have an opportunity to object to the adoption of Resolution 5250 at that public hearing. If this meeting is held remotely, you may join the meeting via the City’s website at www.bozeman.net clicking on the “City Commission” button then on the “Live Stream and Videos” button. A copy of Resolution 5250 is on file and subject to inspection in the City Clerk’s office. Owners of property have 15 days from February 8, 2020 to make a written protest against the creation of the District. Attached you will find a protest form owners of real property may use to support or protest the creation of the District. Instructions are provided on the form. At the March 2, 2021 public hearing on creation of the District, the City Commission will accept public comment and consider all valid written protests submitted prior to the established deadline of 5:00 pm on Wednesday, February 24, 2021. At the March 2, 2021 public hearing on the levy of the special assessment, the City Commission will hear and consider public comment and any objections to the levy. 87 As discussed at our neighborhood meeting on January 13th, a majority of property owners within the South 6th special improvements district are in favor of traffic calming additions to the project. Engineering staff has evaluated each traffic calming proposal that received support at the neighborhood meeting to determine what is appropriate for the street. The project design will incorporate the following traffic calming additions to the project: a traffic circle at 6th and Koch, a traffic circle at 6th and Alderson, a traffic circle at 6th and Harrison, and a concrete median to barricade off northbound traffic at the intersection of 6th and Cleveland. For more information on the creation of the District please contact Project Engineer Kellen Gamradt at 582- 2283. Sincerely, Mike Maas Bozeman City Clerk Enc. Notice of Passage of Resolution 5249 Protest Forms Exhibit A - SID Boundary Map Exhibit B - SID Assessment Amounts by parcel Exhibit C – Engineer’s Estimate of Improvements 88 Exhibit E NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 762 AND NOTICE OF RESOLUTION FOR TAX LEVY CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on February 2, 2021 the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted Resolution 5249, a Resolution of Intention to create Special Improvement District No. 762 (the “District”) for the purpose of undertaking certain local improvements on South 6 th Avenue between Babcock Street and Cleveland Street and financing the costs thereof and incidental thereto through a loan to the District from the City’s special improvement district revolving fund. If created, the Commission intends to levy a special assessment upon all benefitted property in the District as described in Resolution 5250. A complete copy of Resolution No. 5249 is on file with the Bozeman City Clerk. Resolution 5249 more specifically describes the nature of the improvements, the boundaries and the area included in the District, and other matters pertaining thereto and further particulars. A complete copy of Resolution No. 5250, A Resolution of the City Commission of the City of Bozeman to Levy a Special Assessment Upon All Benefitted Property in Special Improvement District 762, is also on file with the Bozeman City Clerk. The Resolutions and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The City proposes to undertake certain local improvements to benefit certain property located in the city. The Improvements consist of roadway improvements to South 6 th Avenue between Babcock Street and Cleveland Street, including: repaving the road, replacement of curbing, installation of storm drainage improvements and pedestrian ramps, as more particularly described in Section 5 of Resolution 5249 (the “Improvements”). The total estimated costs of the Improvements is $2,192,000; however, the City has committed $1,410,870.02 from the City’s Street Maintenance District to reduce the costs to the District, leaving $781,129.98 of the costs of the Improvements, to be funded by the District (hereafter referred to as the District’s Share of the Improvements). It is the intention of the City Commission to create and establish in the City under Title 7, Chapter 12, Parts 41 and 42, MCA, as amended, the District for the purpose of financing the District’s Share of the Improvements and paying costs incidental thereto, including costs associated with the creation and administration of the District (collectively the “Incidental Costs”). The total estimated cost of the District’s Share of the Improvements, including such Incidental Costs, is $782,129.98. Subject to the limitations in Sect. 7-12-4222, MCA the general fund of the City may be used to provide loans to the special improvement district revolving fund or a general tax levy may be imposed on all taxable property in the City to meet the financial requirements of the revolving fund. To fund the costs of the District’s Share of the Improvements, the Commission intends to provide the District a loan of approximately $782,129.98 from the City’s special improvement 89 Exhibit E district revolving fund, the purpose of which is to finance the construction warrants related to the District’s Share of the Improvements and Incidental Costs. In doing so, the Commission intends to levy assessments against each property in the District pursuant to Sect. 7-12-4163, MCA (street frontage assessment method) to reimburse the special improvement district revolving loan fund in an amount to equal the principal of the loan of $782,129.98 plus interest at approximately 2.0% annually. On Tuesday, March 2th , 2021, at 6:00 p.m., due to the City’s Declaration of Emergency for the Covid-19 Pandemic, this meeting will be held online using Webex or other technology, the City Commission will conduct a public hearing regarding adoption of Resolution 5250 creating the District and pass upon all written protests against the creation of the District, or the Improvements. If the District is created, the City Commission will then conduct a public hearing on adoption of Resolution 5250 levying a special assessment on property benefitted by SID 762, at which time objections to the adoption of Resolution 4984 will be heard. Written protests against the creation of District 762 may be filed by an owner of real property within the proposed District whose property is liable to be assessed for the Improvements. Such protests must be delivered to the City Clerk at the City Hall, 121 North Rouse Avenue, Suite 200, Bozeman, Montana not later than 5:00 p.m., M.T., on Wednesday, February 24, 2021. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Engineer, PO Box 1230, Bozeman, Montana, 59771 or by telephone at (406) 582-2280. DATED this 5 th day of February, 2021. BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA _________________________________________ Mike Maas City Clerk Legal Ad Publication Dates: Sunday, February 7, 2021 Sunday, February 14, 2021 90 AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) Mike Maas, Bozeman City Clerk, being first duly sworn, says: That I cause to be mailed first class in Bozeman, Montana, on the 5 th day of February, 2021, a copy of the Notice of Passage of Resolution 5249 (A resolution of intent to create the South 6 th Avenue SID (SID No. 762) to owners of real property located in Special Improvement District No. 762, as those properties are listed in Exhibit "C" of Resolution 5249, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Mike Maas City Clerk Subscribed and sworn to before me this 5 th day of February, 2021. (Notarial Seal) _______________________________ Printed name ___________________ Notary Public for the State of Montana Residing at Bozeman, Montana My Commission expires: __________ 91 City of Bozeman Special Improvement District Creation Protest/Support Form Information & Instructions The City of Bozeman provides this form to owners of real property for purposes of official protest against the creation of Special Improvement District No. 762 (financing improvements to South 6th Avenue between Babcock Street and Cleveland Street). SPECIAL IMPROVEMENT DISTRICT (SID) CREATION AND PROTEST A Special Improvement District (SID) is created by administrative action of the Bozeman City Commission. The City Commission’s authority to create a SID and the purposes for which a SID may be created are provided for in Title 7, chapter 12, parts 41 and 42, Montana Code Annotated. To create a SID, the City Commission must first adopt a resolution of intent. If the Commission adopts the resolution of intent the City Clerk will then mail a copy of the Notice of Passage of the Resolution of Intent to create the SID to property owners within the proposed SID. At the same time, the City Clerk will publish the Notice of Passage of the Resolution of Intent in a local newspaper. Owners of property liable to be assessed for the cost of the improvements under the SID may protest its creation pursuant to 7-12-4110, MCA. The protest period begins after the date of the first publication of the notice of the passage of the resolution of intent. OFFICIAL PROTEST PERIOD The protest period for the creation of Special Improvement District No. 762 begins February 8, 2021 and ends at 5 p.m. on Wednesday, February 24, 2021. Official protests must be signed; therefore, the City will not count emails or telephone calls as formal protest. INSTRUCTIONS TO PROTEST OR SUPPORT THE DISTRICT In order to be counted as the official protest, protests against the district must be:  Signed by all the record owners of fee simple title to the property;  Identify the property in the district owned by the protestor; and  Be submitted in writing to the Bozeman City Clerk no later than February 24th, at 5 p.m. Mountain Standard Time. For purposes of protesting a SID, an “Owner” means as of the date a protest is filed, the record owner of fee simple title to the property or a contract buyer on file in the records of the Gallatin County Clerk and Recorder. The term “owner” does not include a tenant of or other holder of a leasehold interest in the property. If you are unsure about who is listed on the deed to your property, Gallatin County has property ownership records and can be contacted at www.gallatin.mt.gov. You are not required to return the form if you support creation of the SID. 92 A protest/support form is enclosed for your convenience. The form contains separate parts for different types of ownership. Only one form need be completed per property: Part 1. To be completed for property owned by individuals. Part 2. To be completed for property owned by corporations, trusts, LLC’s, or other entities. Part 3. To be completed for property designated as condominium. If you are interested in protesting, please complete the part(s) that apply to your particular ownership. If you own multiple properties, please use a separate form for each property. PLEASE MAIL THE COMPLETED FORM TO: City of Bozeman C/O City Clerk Office P.O. Box 1230 121 North Rouse Avenue Bozeman, MT 59771-1230 Alternately, property owner(s) may sign the completed form, scan it and e-mail it to agenda@bozeman.net. EFFECT OF PROTEST Pursuant to 7-12-4113, MCA, the City Commission may not take further action on the proposed district for a period of six (6) months if the City receives validated protests from the owners of property in the proposed district to be assessed for more than 50% of the cost of the proposed work, in accordance with the methods of assessment described in the resolution of intent. 93 City of Bozeman Special Improvement District Creation Protest/Support Form PART 1 - Property owned by individuals, please complete this section. Property address or legal description: I/We the undersigned owner(s) of property described above want to: (check one) Protest Support the creation of Special Improvement District No. 762 proposed to be established for the purpose of financing local improvements to South 6th Avenue between Babcock Street and Cleveland Street. Signature: Printed Name: Date: Signature: Printed Name: Date: Signature: Printed Name: Date: Signature: Printed Name: Date: FOR CITY CLERK’S OFFICE USE ONLY Protest/Support Form received by City Clerk on _____/______/2021 at _____:____ AM/PM. 94 PART 2 - Property owned by corporations, LLC, trusts or other organizations please complete this section. Entity/Owner Name: Property address or legal description: I/We the undersigned as legally authorized representative(s) of the organization that owns the above listed property want to (check one) Protest Support the creation of Special Improvement District No. 762 proposed to be established for the purpose of financing local improvements to South 6th Avenue between Babcock Street and Cleveland Street. Signature: Printed Name: Title: Date: Signature: Printed Name: Title: Date: Signature: Printed Name: Title: Date: Signature: Printed Name: Title: Date: FOR CITY CLERK’S OFFICE USE ONLY Protest/Support Form received by City Clerk on _____/______/2021 at _____:____ AM/PM PART 3 - Property owned as a condominium. 95 A special note for condominium owners: An owner of property created as a condominium may protest the creation of the district only through the president, vice president, secretary, or treasurer of the condominium owners' association who timely presents to the City Clerk the following information: (a) a written identification of the condominium property (b) the condominium declaration or other condominium document that shows how votes of unit owners in the condominium are calculated; (attach the declaration to this form) (c) original signatures of owners of units in the condominium having an undivided ownership interest in the common elements of the condominium sufficient to constitute an affirmative vote for an undertaking relating to the common elements under the condominium declaration; and (d) a certificate signed by the president, vice president, secretary, or treasurer of the condominium owners' association certifying that the votes of the unit owners, as evidenced by the signatures of the owners, are sufficient to constitute an affirmative vote of the condominium owners' association to protest against the creation of the district and its improvements. PART 3 - Property owned as part of a condominium, please complete this section. Name of condominium: Street address or legal description of condominium: We the undersigned owners have an undivided ownership interest in the common elements of the above named condominium present the following original signatures to the Bozeman City Commission indicating our protest of the creation of Special Improvement District No. 750 proposed to be established for the purpose of financing local improvements to North Tracy Avenue between Villard Street and Peach Street. Condo owner signature: Printed Name: Property address: (Check one) __ Protest __ Support Date: Condo owner signature: Printed Name: Property address: (Check one) __ Protest __ Support Date: Condo owner signature: Printed Name: Property address: (Check one) __ Protest __ Support Date: Certificate of Condominium Officer I certify that the above listed signatures of the owners having an undivided ownership interest in the common elements of the condominium sufficient to constitute an affirmative vote for an undertaking relating to the common elements under our condominium declaration hereby (check one) __ Protest __ Support the creation of Special Improvement District No. 762 proposed to be established for the purpose of financing local improvements to South 6th Avenue between Babcock Street and Cleveland Street. Signature of condo officer: Title: FOR CITY CLERK’S OFFICE USE ONLY Received by City Clerk on _____/______/2021 at _____:____ AM/PM. 96 Memorandum REPORT TO: City Commission FROM: Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Kristin Donald, Finance Director SUBJECT: Resolution 5254, Intent to Create a Special Improvement Lighting District 763 for Bridger View Redevelopment P.U.D. MEETING DATE: February 2, 2021 AGENDA ITEM TYPE: Resolution RECOMMENDATION: Adopt Resolution 5254 Intent to Create Special Improvement Lighting District 763 for Bridger View Redevelopment P.U.D. 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: (1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway; (b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and (c) assess and collect such portion of such cost by special assessment against said property. (2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property UNRESOLVED ISSUES: None. 97 ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is estimated to cost $13.95 per acre within the district or $42.72 annually for the entire district, or on an average size lot of 2,342 square feet the annual estimated cost would be $.75, which is payable semiannually. Attachments: Resolution 5254-Intent to Create SILD 763-Bridger View Redevelopment.docx Exhibit A-Bridger View Redevelopment SILD 763.pdf Exhibit B-Bridger View Redevelopment SILD 763.pdf Report compiled on: January 13, 2021 98 RESOLUTION 5254 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 763 (BRIDGER VIEW REDEVELOPMENT PUD) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 Intention to Create District; Proposed Improvements. It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve Bridger View Redevelopment PUD (the “District”) for the purpose of maintenance and energy costs. The district will pay the maintenance and energy costs for two (2) Signify Lumec Urban single luminaires which have 55 watt LED lamps on round tapered textured black steel poles. They are mounted at 25’ per City of Bozeman standards. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $1.78 per 55 watt fixture or $42.72 annually. Section 2 Number of District. The District, if the same shall be created and established, shall be known and 99 designated as Special Improvement Lighting District No. 763 (BRIDGER VIEW REDEVELOPMENT PUD) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the Improvements and will be assessed for the costs of the Improvements as described in Section 1. The Improvements, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the Improvements. Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, based on the actual area method of assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5. The annual maintenance and energy costs are estimated at $42.72, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is 3.064 acres, or 133,468 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre 100 shall be $13.95 or $0.000320 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $42.72, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $117.13 per acre, or $0.004067 per square foot. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 Discontinuation of District. If at any time after the initial term of the District a petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the district be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the Commission has, prior to the presentation of a petition or by a majority vote of the Commission to discontinue the District, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until after the expiration of the 101 contract. Section 9 Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and taxation for the cost and expense of maintenance and energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said 15-day period (02/22/2021) written protest against the proposed maintenance and energy costs, or against the extension or creation of the District or both, and this Commission will at its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will be held on February 23, 2021 at 6 pm in Bozeman City Hall, City Commission Room, 121 N Rouse Ave. Section 10 Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on February 7, 2021 and February 14, 2021, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: 102 ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 103 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5254, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 763 (BRIDGER VIEW REDEVELOPMENT PUD) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT, (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at a meeting on February 2, 2021, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _____ ____________________ ; voted against the same: ___________ ___ ; abstained from voting thereon: ________________ ; or were absent: _______________ . WITNESS my hand officially this 3rd day of February, 2021 ___________________________________ MIKE MAAS City Clerk 104 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 763 (BRIDGER VIEW REDEVELOPMENT PUD) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on February 2, 2021, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 5254 to create Special Improvement Lighting District No. 763 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Bridger View Redevelopment PUD, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 5254 is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The district will pay the maintenance and energy costs for two (2) Signify Lumec Urban single luminaires which have 55 watt LED lamps on round tapered textured black steel poles. They are mounted at 25’ per City of Bozeman standards. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $1.78 per 55 watt fixture or $42.72 annually. All properties in the District will be assessed for their proportionate share of the costs of the Improvements on an “area basis” annually and will be payable in equal semiannual installments. The annual costs of the Improvements at the initial Monthly Charge are $42.72 per year for the entire District. The total area of the District to be assessed is 3.064 acres, or 133,468 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $13.95, or $0.000320 per square foot. On an average size lot of 2,342 square feet the annual estimated cost would be $0.75 which is payable semiannually. The annual assessments for costs of the Improvements may be increased as approved by the Public Service Commission and may be increased to cover extraordinary expenses of repair and maintenance. The first year of 105 special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assess in the same manner as the Improvements resulting in a cost not to exceed $177.13 per acre, or $0.004067 per square foot. On Tuesday, February 2, 2021, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing to hear and pass upon all written protests against the creation or extension of the District, or the Improvements. Due to the City’s Declaration of Emergency for the Covid-19 Pandemic, this meeting may be held online using Webex or other technology. Written protests against the creation or extension of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on February 22, 2021. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. DATED this 5th day of February, 2021. Mike Maas City Clerk City of Bozeman Legal Ad Publication Dates: Sunday, February 7, 2021 Sunday, February 14 2021 106 Version April 2020 RESOLUTION 5254 Resolution of Intent to create SILD No. 763 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Bridger View Redevelopment PUD, and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) Mike Maas, City Clerk, being first duly sworn, says: That I cause to be mailed first class the Notice in regards to the owners in Special Improvement Lighting District No. 763, as listed in Exhibit "B", on Friday, February 5, 2021, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Mike Maas City Clerk Subscribed and sworn before me this 5 th day of February, 2021. (Notarial Seal) _______________________________ Printed Name____________________ Notary Public for the State of Montana Residing at: see seal My Commission expires: see seal 107 PHASE 1 PHASE 3 PHASE 1 PHASE 2 PHASE 1 PHASE 2 PHASE 2 PHASE 3 STORY MILL SPUR TRAIL STORY MILL COMMUNITY PARK CITY OF BOZEMAN PROPERTY STORY MILL ROAD (60' ROW & 30' ESMT) BRIDGER DRIVE (Aka Hwy 86) - (110' ROW) HILLSIDE LANE (60' ESMT) HILLSIDE LANE (64' ROW) FLOURHOUSE COURT MILLWORKS COURT LOT 56 LOT 53 LOT 49 LOT 46 LOT 21 LOT 40 LOT 35 LOT 23 LOT 13 LOT 27 LOT 26 LOT 4 LOT 16 LOT 19 LOT 47 LOT 12 LOT 44 LOT 43 LOT 39 LOT 22 LOT 38 LOT 31 LOT 33 LOT 42 LOT 2 LOT 41 LOT 37 LOT 10 LOT 9 LOT 32 LOT 29 LOT 30 LOT 5 LOT 7 LOT 8 LOT 52 LOT 55 LOT 57 LOT 54 Phase Lot Location ID Address Sq Ft Acres Owner Name Owner Address City, State Zip 1 1 2,940 0.067 HRDC 32 S Tracy Ave Bozeman, MT 59715 2 2,800 0.064 HRDC 32 S Tracy Ave Bozeman, MT 59715 3 3,062 0.070 HRDC 32 S Tracy Ave Bozeman, MT 59715 4 2,475 0.057 HRDC 32 S Tracy Ave Bozeman, MT 59715 5 2,475 0.057 HRDC 32 S Tracy Ave Bozeman, MT 59715 6 2,475 0.057 HRDC 32 S Tracy Ave Bozeman, MT 59715 7 2,860 0.066 HRDC 32 S Tracy Ave Bozeman, MT 59715 8 2,475 0.057 HRDC 32 S Tracy Ave Bozeman, MT 59715 9 2,042 0.047 HRDC 32 S Tracy Ave Bozeman, MT 59715 10 1,706 0.039 HRDC 32 S Tracy Ave Bozeman, MT 59715 2 11 2,217 0.051 HRDC 32 S Tracy Ave Bozeman, MT 59715 12 2,145 0.049 HRDC 32 S Tracy Ave Bozeman, MT 59715 13 2,503 0.057 HRDC 32 S Tracy Ave Bozeman, MT 59715 14 2,608 0.060 HRDC 32 S Tracy Ave Bozeman, MT 59715 15 2,235 0.051 HRDC 32 S Tracy Ave Bozeman, MT 59715 16 2,166 0.050 HRDC 32 S Tracy Ave Bozeman, MT 59715 17 2,310 0.053 HRDC 32 S Tracy Ave Bozeman, MT 59715 18 2,235 0.051 HRDC 32 S Tracy Ave Bozeman, MT 59715 19 2,608 0.060 HRDC 32 S Tracy Ave Bozeman, MT 59715 20 2,096 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715 21 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715 22 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715 23 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715 24 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715 25 2,400 0.055 HRDC 32 S Tracy Ave Bozeman, MT 59715 26 2,400 0.055 HRDC 32 S Tracy Ave Bozeman, MT 59715 27 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715 28 2,423 0.056 HRDC 32 S Tracy Ave Bozeman, MT 59715 55 3,289 0.075 HRDC 32 S Tracy Ave Bozeman, MT 59715 56 3,018 0.069 HRDC 32 S Tracy Ave Bozeman, MT 59715 57 3,652 0.084 HRDC 32 S Tracy Ave Bozeman, MT 59715 3 29 2,280 0.052 HRDC 32 S Tracy Ave Bozeman, MT 59715 30 2,400 0.055 HRDC 32 S Tracy Ave Bozeman, MT 59715 31 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715 32 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715 33 1,800 0.041 HRDC 32 S Tracy Ave Bozeman, MT 59715 34 2,258 0.052 HRDC 32 S Tracy Ave Bozeman, MT 59715 35 2,258 0.052 HRDC 32 S Tracy Ave Bozeman, MT 59715 36 1,800 0.041 HRDC 32 S Tracy Ave Bozeman, MT 59715 37 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715 38 2,400 0.055 HRDC 32 S Tracy Ave Bozeman, MT 59715 39 2,400 0.055 HRDC 32 S Tracy Ave Bozeman, MT 59715 40 2,400 0.055 HRDC 32 S Tracy Ave Bozeman, MT 59715 41 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715 42 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715 43 1,800 0.041 HRDC 32 S Tracy Ave Bozeman, MT 59715 44 2,258 0.052 HRDC 32 S Tracy Ave Bozeman, MT 59715 45 2,258 0.052 HRDC 32 S Tracy Ave Bozeman, MT 59715 46 1,800 0.041 HRDC 32 S Tracy Ave Bozeman, MT 59715 47 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715 48 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715 49 2,100 0.048 HRDC 32 S Tracy Ave Bozeman, MT 59715 50 2,340 0.054 HRDC 32 S Tracy Ave Bozeman, MT 59715 51 2,659 0.061 HRDC 32 S Tracy Ave Bozeman, MT 59715 52 2,325 0.053 HRDC 32 S Tracy Ave Bozeman, MT 59715 53 2,366 0.054 HRDC 32 S Tracy Ave Bozeman, MT 59715 54 2,755 0.063 HRDC 32 S Tracy Ave Bozeman, MT 59715 133,469 3.064 Bridger View Redevelopment Memorandum REPORT TO: City Commission FROM: Jeff Mihelich, City Manager SUBJECT: Resolution 5257, Adopting the Bozeman City Commission Priorities for 2021 MEETING DATE: February 2, 2021 AGENDA ITEM TYPE: Resolution RECOMMENDATION: Approve Resolution 5257, adopting the Bozeman City Commission Priorities for 2021. 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: In April 2018, the Bozeman City Commission adopted its first ever Strategic Plan. Since then, the City Manager has come before the City Commission regularly to review the progress made on the priorities outlined in the Strategic Plan and set goals for the upcoming year. On January 12, 2021 the City Commission held a work session to receive the status report of the Commission's 11 priorities. The City Manager recommended the removal of two of the completed priorities, the modification of two priorities that are ongoing, and to keep the remaining seven. During the discussion, the City Commission proposed an additional four priorities be added to the list. After gaining direction from the City Commission, staff prepared a resolution for the Commission to formally adopt the priorities for 2021 at a future meeting. UNRESOLVED ISSUES: None. ALTERNATIVES: As directed by the City Commission. FISCAL EFFECTS: None. Attachments: Resolution 5257 Commission Priorities for 2021.docx Report compiled on: January 15, 2021 110 Version April 2020 RESOLUTION 5257 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE BOZEMAN CITY COMMISSION PRIORITIES FOR 2021. WHEREAS, the City of Bozeman adopted its Strategic Plan through Resolution 4852 on April 16, 2018; and WHEREAS, in open session of a regular meeting on January 27, 2020, the City Commission approved the 2020 Commission Priorities as the Strategic Plan priorities for 2020; and WHEREAS, in open session of a regular meeting on January 12, 2021, the City Commission was presented a report by the City Manager on the status of the Strategic Plan priorities; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the Bozeman City Commission Priorities for 2021 are: Advisory Board Consolidation Affordable Housing Annexation Analysis Climate Action Plan Implementation Community Engagement Identify Options to Ban Flavored Tobacco Inclusive City Parks, Recreation, Open Space, and Trails (PROST) Master Plan Planning and Land Use Property Tax Relief Pursue Grants and Philanthropic Funding Sensitive Lands Protection Planning Wetlands Preservation and Banking 111 Version April 2020 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 2nd day of February, 2021. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 112 Memorandum REPORT TO: City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT: Ordinance 2067, Provisional Adoption Amending the Zoning Map to Establish 10.6154 Acres as REMU, Residential Emphasis Mixed-use, 8.18998 Acres as R-5, Residential Mixed Use High Density, and 71.6945 Acres as B-2M, Community Business District- Mixed, Norton Ranch 2020 Zone Map Amendment, Application 20288 MEETING DATE: February 2, 2021 AGENDA ITEM TYPE: Ordinance RECOMMENDATION: Provisionally adopt Ordinance 2067 as presented. 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: Greg Stratton of Kilday & Stratton, representing Norton Properties, LLC, requested amendment of the zoning map designations in Phase 4 of the Norton Ranch Subdivision located north of Huffine Lane at the western edge of the Bozeman City Limits. The applicant requested to rezone the property from R-O (Residential Office), B-P (Business Park), and R-3 (Residential Medium Density) to R-5 (Residential Mixed-Use High Density), REMU (Residential Emphasis Mixed-use), and B-2M (Community Business Mixed- Use). The future land use designation for most of the property was changed with the adoption of the Bozeman Community Plan 2020 which was adopted on November 17, 2020. Portions of the existing zoning no longer corresponded to the future land use designation. On January 5, 2021, the City Commission preliminarily approved the zone map amendment with several contingencies. The contingencies have been met. The necessary ordinance is drafted and attached to this action item. Adoption of the implementing ordinance must receive provisional and final adoption before becoming effective. UNRESOLVED ISSUES: None. ALTERNATIVES: Determine that the earlier approval was in error and do not provisionally adopt Ordinance 2067. 113 FISCAL EFFECTS: None. Attachments: Ordinance 2067 Norton Ranch 2020 ZMA No 20288.docx 14300 X-ZMA (2021.01.14).pdf Report compiled on: January 22, 2021 114 Page 1 of 6 ORDINANCE NO. 2067 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO DESIGNATE 10.6154 ACRES AS REMU, RESIDENTIAL EMPHASIS MIXED-USE, 8.18998 ACRES AS R-5, RESIDENTIAL MIXED USE HIGH DENSITY, AND 71.6945 ACRES AS B-2M, COMMUNITY BUSINESS DISTRICT- MIXED, NORTON RANCH 2020 ZONE MAP AMENDMENT, APPLICATION 20288. 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 amend the map to change from a mix of R-3, R-O, and BP to classifications of 10.6154 acres as REMU, Residential Emphasis Mixed-use, 8.18998 acres as R- 5, Residential Mixed Use High Density, and 71.6945 acres as B-2M, Community Business District- Mixed has been properly submitted, reviewed, and advertised; and 115 Ordinance 2067, Norton Ranch 2020 Zone Map Amendment Page 2 of 6 WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on December 14, 2020 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 20288, the Norton Ranch 2020 Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on January 5, 2021, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the zoning district designation of the following-described property is hereby designated as REMU, Residential Emphasis Mixed-use: An area of land comprised described as follows: Lot 2 and Lot 3, Block 13, Lot 1 and Lot 2, Block 14, and the Park in Block 15, NORTON EAST RANCH SUBDIVISION, PHASE 4 [Plat J-668], and the portions of adjacent Fallon Street, Pond Lily Drive, and Water Lily Drive, all described as follows: Commencing at the Southwest Corner of Lot 2, Block 13, NORTON EAST RANCH SUBDIVISION, PHASE 4; thence northerly 000°25’50”, assumed azimuth from north, 230.00 feet along the west line of said Lot 2 and its northerly extension, to the centerline of said Fallon Street; thence easterly 090°25’50” azimuth, 1,076.73 feet along the centerline of said Fallon Street to the northerly extension of the eastern Park line in Block 15 in the southeast corner of said Park; thence southerly 182°08’35” azimuth, 230.10 feet along the eastern line of the Park in Block 15 to the southeast corner of said Park; thence westerly 270°25’50” azimuth, 1,069.86 feet along the north line of Lot R4, said NORTON EAST RANCH SUBDIVISION, PHASE 4, to the point of beginning. 116 Ordinance 2067, Norton Ranch 2020 Zone Map Amendment Page 3 of 6 Area = 246,858 sq ft, 5.6671 Ac. or 22,933.8 sq. meters All as depicted on the NORTON RANCH 2020 Zone Map. Section 2 That the zoning district designation of the following-described property is hereby designated as REMU, Residential Emphasis Mixed-use: That part of Lot R4 and Lot R2A, NORTON EAST RANCH SUBDIVISION, PHASE 4 [Plat J-668], which includes the south 30 feet of the public street easement for Fallon Street according to Document No. 2269582, all described as follows: Beginning at the Southwest Corner of said Lot R2A, being the Southwest 1/16 Corner of Section 9, T. 2S, R. 5E; thence northerly 002°22’18”, assumed azimuth from north, 30.02 feet along the west line of said Lot R2A to the centerline of said public street easement for Fallon Street; thence easterly 090°25’50” azimuth 930.10 feet along said centerline of Fallon Street; thence southerly 178°51’32” azimuth, 230.09 feet; thence westerly 270°25’50” azimuth, 944.21 feet to the west line of said Lot R4; thence northerly 002°22’18” azimuth, 200.11 feet along said west line to the point of beginning. Area = 215,546 sq ft, 4.9483 Ac. or 20,024.9 sq. meters Section 3 That the zoning district designation of the following-described property is hereby designated as R-5, Residential Mixed Use High Density: That part of Lot R2A, NORTON EAST RANCH SUBDIVISION, PHASE 4 [Plat J-668], which includes the north 30 feet of the public street easement for Fallon Street according to Document No. 2269582, and the west half of the adjacent right of way for Laurel Parkway, all described as follows: Commencing at the Southwest Corner of said Lot R2A, and being the Southwest 1/16 Corner of Section 9, T. 2S, R. 5E; thence northerly 002°22’18”, assumed azimuth from north, 30.02 feet along the west line of said Lot R2A to the point of beginning; thence continuing northerly 002°22’18”, 290.14 feet along said west line to the northwest corner of said Lot R2A; thence easterly 090°25’50” azimuth, 1221.96 feet along the north line of said Lot R2A and its easterly extension to the centerline of Laurel Parkway; thence southerly 178°29’58” azimuth, 290.14 feet along said centerline to the centerline 117 Ordinance 2067, Norton Ranch 2020 Zone Map Amendment Page 4 of 6 intersection of said public street easement for Fallon Street; thence westerly 270°25’50” azimuth, 1241.56 feet along said centerline to the point of beginning. Area = 357,182 sq ft, 8.1998 Ac. or 33,183.3 sq. meters Section 4 That the zoning district designation of the following-described property is hereby designated as B-2M, Community Business District - Mixed: That part of Lot R4, Lot R2A, and Common Open Space D3, NORTON EAST RANCH SUBDIVISION, PHASE 4 [Plat J-668], and the portions of adjacent Huffine Lane, Laurel Parkway and Fallon Street, which also includes the public street easement for Laurel Parkway according to Document No. 2269586 and the public street easement for Fallon Street according to Document No. 2269582, all described as follows: Beginning at the Southwest Corner of Lot R4, NORTON EAST RANCH SUBDIVISION, PHASE 4; thence northerly 002°22’18”, assumed azimuth from north, 1,044.45 feet along the west line of said Lot R4; thence easterly 090°25’50” azimuth, 944.21 feet; thence northerly 358°51’32” azimuth, 230.09 feet to the centerline of the public street easement for Fallon Street according to Document No. 2269582; thence easterly 090°25’50” azimuth, 695.72 feet along said centerline of Fallon Street as dedicated on said NORTON EAST RANCH SUBDIVISION, PHASE 4; thence southerly 180°25’50” azimuth, 230.00 feet along the east line of Common Open Space D3 and its northerly extension to the north line of said Lot R4; thence easterly 090°25’50” azimuth, 1069.86 feet along said north line to the northeast corner of said Lot R4; thence southerly 182°08’35” azimuth, 1,094.90 feet along the east line of said Lot 4 and its southerly extension to the centerline of Huffine Lane; thence westerly 270°43’27” azimuth, 477.54 feet along said centerline; thence westerly 270°28’25” azimuth, 1,248.41 feet along said centerline; thence westerly 397.75 feet on a tangential a curve concave to the south, radius 11,459.16 feet and central angle 1°59’19” along said centerline; thence westerly 268°29’06” azimuth, 294.37 feet, tangent to said curve, along said centerline; thence westerly 290.76 feet on a tangential a curve concave to the north, radius 11,459.16 feet and central angle 1°27’14” along said centerline to the southerly extension of the west line of said Lot R4; thence northerly 002°22’18” azimuth, 70.07 feet along said southerly extension to the southwest corner of said Lot R4 and being the point of beginning. Area = 3,123,011 sq ft or 71.6945 Ac. or 290,134.8 sq. meters 118 Ordinance 2067, Norton Ranch 2020 Zone Map Amendment Page 5 of 6 Section 5 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 6 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 7 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 8 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 9 119 Ordinance 2067, Norton Ranch 2020 Zone Map Amendment Page 6 of 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 2nd day of February, 2021. _________________________________ 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 __________ day of____________________, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 120 ” ” ” ” ” ” ” ” ” ” ” 121 Memorandum REPORT TO: City Commission SUBJECT: Update on City's Local COVID 19 Programs MEETING DATE: February 2, 2021 AGENDA ITEM TYPE: Plan/Report/Study RECOMMENDATION: Receive an update on Covid-19 related programs to date. 122 Memorandum REPORT TO: City Commission FROM: Natalie Meyer, Sustainability Program Manager Jon Henderson, Strategic Services Director SUBJECT: Authorize the City Manager to Sign an Interlocal Agreement Between City of Bozeman, City of Missoula, Missoula County, and City of Helena to Inform the Development of a Green Tariff MEETING DATE: February 2, 2021 AGENDA ITEM TYPE: Agreement - Agency/Non-profit RECOMMENDATION: Authorize the City Manager to sign an interlocal agreement between City of Bozeman, City of Missoula, Missoula County, and City of Helena to inform the development of a green tariff. STRATEGIC PLAN: 6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND: The Bozeman City Commission adopted the 2020 Bozeman Climate Plan on December 22, 2020 with goals for achieving 26% emissions reduction by 2025, 100% net clean electricity by 2030, and carbon neutrality by 2050. Action 2.E.1 calls for the advancement of a Green Tariff to increase community demand for clean energy products that will result in a greater investment in clean energy across Montana. A Green Tariff is an increasingly common mechanism by which customers of regulated utilities have the option to buy power from newly developed renewable energy sources through a special rate (or “tariff”) on their utility bills. In 2019, the Montana Public Service Commission approved a settlement agreement between NorthWestern Energy (NorthWestern), the Montana Department of Environmental Quality, the Montana Consumer Counsel, and Walmart, in which NorthWestern agreed to initiate a stakeholder process to explore the development of a green tariff. This stakeholder process is currently underway, and Missoula County, the City of Missoula, the City of 123 Bozeman, and the City of Helena are participating in it. The local governments’ goals with regard to the voluntary green tariff include (1) that it results in the development of new utility-scale renewable energy in the state of Montana, (2) that the green tariff rates, contract terms, and eligibility requirements make it accessible and attractive to as many NorthWestern customers as possible, and (3) that it does not negatively impact non-participating customers. This proposed Interlocal Agreement formalizes the relationship among the four local governments for the purpose of jointly hiring and managing a consultant to assist with the green tariff rate design and an environmental and economic cost-benefit analysis. Once the Interlocal Agreement is executed by the four local governments, the first phase of the project will focus on developing proxy rates for a green tariff and a cost-benefit analysis. This work will continue through April 2021. Once the stakeholders agree to the terms of a green tariff, the local governments will coordinate with NorthWestern to gauge interest among customers and seek non-binding commitments to participate. This information will be used by the utility to develop a competitive solicitation for renewable energy resources in the second half of 2021. The results of the competitive solicitation will enable the preparation of green tariff rates for NorthWestern to file with the Montana Public Service Commission (MPSC) in early 2022. The consultant’s scope of work includes participating in the MPSC’s proceedings as an expert witness. A final decision from the MPSC is expected within 10 to 12 months of initial filing. If each step of the process is successful, customer subscriptions and project construction would begin in 2023. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the Commission. FISCAL EFFECTS: The four local governments have jointly issued a competitive solicitation to select a consultant, and have allocated funds in their FY21 budgets to support this effort. Under the terms of the proposed Interlocal Agreement, Missoula County will enter into the contract with the consultant, but costs and oversight of the consultant will be shared among the four local governments. Attachments: Interlocal Agreement_20200202.pdf 124 RFP for Green Tariff Consultant_20201117.pdf Report compiled on: January 22, 2021 125 1 INTERLOCAL AGREEMENT BETWEEN CITY OF MISSOULA, MISSOULA COUNTY, CITY OF BOZEMAN AND CITY OF HELENA This Interlocal Agreement (Agreement) is made and entered into between the City of Missoula (“Missoula”), Missoula County (“Missoula County”), the City of Bozeman (“Bozeman”) and the City of Helena (“Helena”), all political subdivisions of the State of Montana, and jointly referenced in this agreement as “the Parties,” for the purpose of advancing the Parties’ clean energy goals. WHEREAS, the Parties have a responsibility to protect and enhance the public health, safety, general welfare, and quality of life of their residents, and to that end they have each established a number of climate action goals and commitments, including a goal of 100% clean electricity by 2030; and WHEREAS, a green tariff is an increasingly common mechanism by which customers of regulated utilities have the option to buy power from newly developed renewable energy sources through a special rate (or “tariff”) on their utility bills; and WHEREAS, the Parties recognize that a well-designed green tariff has the potential to meaningfully advance their climate and clean energy goals; and WHEREAS, in 2019 the Montana Public Service Commission approved a settlement agreement between NorthWestern Energy, the Montana Department of Environmental Quality, the Montana Consumer Counsel, and Walmart, in which NorthWestern Energy agreed to initiate a stakeholder process to explore the development of a green tariff; and WHEREAS, the Parties are active participants in this stakeholder process; and WHEREAS, the Parties have each appropriated funds in the FY2021 budget year to advance their clean energy goals through such efforts as hiring a consultant to inform the development of a well-designed green tariff; and WHEREAS, Missoula County, on behalf of the Parties, has issued a competitive Request For Proposals (RFP) to engage qualified consultants with expertise in utility rate design to support the development of a green tariff by NorthWestern Energy in order to advance the Parties’ clean energy goals; and WHEREAS, the Parties agree that the benefits of clean, renewable energy solutions and projects should be equitably available to all, and that such projects should cause no extraordinary burden on any particular group, especially low- and fixed-income households, Black, Indigenous and People of Color (BIPOC); and WHEREAS, Montana Code Annotated Sections 7-11-101 et seq. authorizes the Parties to enter into this Agreement for the purpose of mutually securing and paying for a professional and qualified consultant to inform the development of a green tariff that will meaningfully advance the Parties’ clean energy goals. 126 2 Based on the foregoing, the Parties agree as follows: 1. DURATION. The duration or term of this Agreement shall be TWO (2) years unless extended for SIX (6) month increments by mutual agreement of the Parties in writing. The duration may end sooner than TWO (2) years if terminated pursuant to section 6 of this Agreement. 2. ORGANIZATION, COMPOSITION AND NATURE OF ANY SEPARATE LEGAL ENTITY CREATED BY THE CONTRACT. The Parties agree that a separate legal entity is not created by this Agreement. This Agreement does not void or supersede any other existing agreements involving the Parties. The Parties are independent units of local government with separate governance boards. 3. PURPOSE OF INTERLOCAL CONTRACT. The purpose of this Agreement is to mutually secure and pay for a professional, qualified consultant to inform the development of a green tariff that will meaningfully advance the Parties’ clean energy goals. 4. MANNER OF COOPERATIVE UNDERTAKING AND ESTABLISHMENT OF BUDGET. The Parties are responsible for the following financial obligations: 4.1. The Parties are responsible for their own expenses unless otherwise provided for in this Agreement or by operation of law. 4.2. The contract with the consultant shall not exceed $138,000 without consent of the Parties. The Parties agree to contribute the following toward the contract total: o Missoula County: up to $20,000 plus any additional amount allocated in Fiscal Year 2022 o City of Missoula: up to $20,000 plus any additional amount allocated in Fiscal Year 2022 o City of Bozeman: up to $90,000 total between Fiscal Year 2021 and 2022 o City of Helena: up to $8,000 plus any additional amount allocated in Fiscal Year 2022 4.3. Funding from the Parties shall be allocated from the respective adopted Fiscal Year 2021 and 2022 budgets of each of the Parties. 4.4. Missoula County agrees to manage the contract with the consultant and their subcontractors, including receiving invoices and making payments. 4.5. Following payment to the consultant, Missoula County agrees to provide invoices to Missoula, Bozeman and Helena for their portions of the payment. 4.6. Upon receiving invoices from Missoula County, Missoula, Bozeman and Helena agree to reimburse the County for their portion of the payment to the consultant. 5. MANAGEMENT AND ADMINISTRATION, ROLES. The Parties are responsible for the following management and administrative activities: 127 3 5.1. Each party is respectively responsible for the management of its employees. 5.2. The Parties shall be jointly responsible for selecting the consultant. 5.3. Staff of the Parties shall review the contract with the consultant prior to contract execution. The contract shall require the consultant to consult jointly and regularly with staff of the Parties throughout the duration of the contract. 5.4. Missoula County shall enter into the contract with the consultant and shall be responsible for administering the contract. 5.5. Staff of the Parties will jointly manage and provide direction to the consultant. 5.6. In the course of the activities described in Sections 5.2, 5.3, and 5.5, the Parties shall strive for consensus. In the absence of consensus, the decision of a majority of the Parties shall prevail. Any party that disagrees with a decision of the majority may choose to withdraw from this Agreement per Section 6. 6. WITHDRAWAL AND TERMINATION. Any party may withdraw from this Agreement unilaterally, with or without cause, by giving notice of withdrawal in writing at least 30 days prior to date of withdrawal. The withdrawal of a party will not terminate the Agreement provided that at least two parties to the Agreement remain. The withdrawal of more than two parties will constitute termination of the Agreement. Withdrawing parties will be responsible for their portion of contract expenses incurred up to the point of withdrawal, but will not be responsible for any expenses incurred beyond that point. 7. MANNER OF ACQUIRING, HOLDING AND DISPOSING OF REAL AND PERSONAL PROPERTY USED IN THE JOINT UNDERTAKING. No personal or real property shall be acquired, held and disposed of by the Parties in fulfillment of this Agreement. 8. RETIREMENT SYSTEM REPORTING. Each party is respectively responsible for any reports or payments of retirement system contributions for its employees. 9. INDEMNIFICATION. Each Party respectively shall defend, indemnify and hold harmless its employees and agents, from all claims, liabilities, causes of action or judgments, including costs and attorney fees, asserted by or awarded to third parties as a result of any negligent action or omission or willful misconduct, its employees or agents in performance of work or services. 10. FILING OF INTERLOCAL AGREEMENT. This Agreement shall be filed with the Missoula County Clerk and Recorder, the Gallatin County Clerk and Recorder, the Lewis and Clark County Clerk and Recorder, and the Montana Secretary of State. 11. AUTHORIZATION TO APPROPRIATE FUNDS. In accordance with Montana Code Annotated Section 7-11-108 the Parties may appropriate funds for the purpose of performance of this Agreement and provide such personnel or services therefore as may be within their legal power to furnish. 128 4 Signed this ________ day of ____________________, 2021 MISSOULA COUNTY CITY OF MISSOULA BY: BY: ________________________________________ _______________________________________ David Strohmaier John Engen Chair, Board of County Commissioners Mayor ________________________________________ ATTEST Josh Slotnick Commissioner _______________________________________ Marty Rehbein ________________________________________ City Clerk Juanita Vero Commissioner CITY OF HELENA ATTEST: BY: ________________________________________ Tyler Gernant _______________________________________ Clerk and Recorder Rachel Harlow-Schalk City Manager CITY OF BOZEMAN ATTEST BY: _______________________________________ Dannai Clayborn _______________________________________ City Clerk Jeff Mihelich City Manager ATTEST _______________________________________ Mike Maas City Clerk 129 1 MISSOULA COUNTY REQUEST FOR PROPOSALS (RFP) RFP Title: Green Tariff Consultant – Missoula County, City of Missoula, City of Bozeman, City of Helena RFP Due Date and Time: December 18, 2020 ISSUING DEPARTMENT INFORMATION Procurement Officer: David Wall, Missoula County Auditor Issue Date: November 17, 2020 Procurement Officer Address: Missoula County 200 W Broadway Missoula, MT 59802 Procurement Officer Email and Telephone Number: dwall@missoulacounty.us, (406) 258-3526 OFFEROR SUBMITTAL INSTRUCTIONS Return Proposal to: David Wall, Missoula County Auditor dwall@missoulacounty.us Subject Line Must Be Titled: Green Tariff RFP Response RFP Response Due Date: December 18, 2020 OFFEROR CONTACT INFORMATION AND AUTHORIZATION Offeror Name/Address: Authorized Offeror Signature: Print name and sign in ink. Offeror Phone Number: Offeror FAX Number: Offeror Email Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 130 2 INSTRUCTIONS TO OFFERORS Follow the format presented in the RFP. Points may be deducted during scoring for deviations from the prescribed format. Provide complete answers or descriptions. Read all questions and requirements, and provide clear, concise responses. Do not assume the selection committee will have any familiarity with the firm’s capabilities. Proposals are evaluated solely on the information and materials provided in the response. Adhere to the proposal due date. Late proposals will NOT be accepted. The following items must be included in the submission to be considered responsive: • Signed Cover Sheet; • Signed Acknowledgment of Addenda (if any); • All mandatory proposal requirements; • Correctly executed Missoula County "Affidavit for Trade Secret Confidentiality", if the proposal contains confidential or proprietary information as defined in MCA Title 30, Chapter 14. RFP TIMELINE EVENT DATE RFP issue date November 17, 2020 Deadline for submitting written questions November 30, 2020 Written responses posted to County website December 7, 2020 RFP response due date December 18, 2020 SECTION 1 - RFP OVERVIEW INTRODUCTION Missoula County, the City of Missoula, the City of Bozeman, and the City of Helena are jointly seeking proposals from qualified consultants with expertise in utility rate design to support the development of a green tariff by NorthWestern Energy in order to advance the local governments’ 100% clean electricity goals. See Section 3 for additional details. CONTRACT PERIOD The contract term will be the period necessary to complete the work as outlined in Section 3. OFFEROR QUESTIONS Any questions or requests for clarification or interpretation of this RFP must be addressed in writing to the procurement officer on or before November 30, 2020. For purposes of this RFP, “in writing” consists of email. Questions submitted must include: 131 3 • Company name and address; • Contact information, including name, email address, telephone number, and fax number; • Clear reference to the section, page, and item in question. Questions received after the deadline will not be considered. The County will provide a formal written addendum by December 7, 2020 to questions received by the deadline. No other form of interpretation, correction, or change to this RFP will be binding upon the County. Any addendum will be posted on the County’s website, https://www.missoulacounty.us/government/administration/auditor-s-office/bids-proposals/test-rfp-page. An Acknowledgment of Addendum must accompany the RFP response. GENERAL REQUIREMENTS Mandatory Requirements of the RFP To be eligible for consideration, an offeror must provide all information requested in Section 4. A proposal that fails to provide any information requested may be deemed nonresponsive or be subject to deduction of points during scoring. Understanding of Specifications and Requirements By submitting a response to this RFP, the offeror attests to an understanding of the specifications and requirements described herein and agrees to comply with such. Prime Contractor and Subcontractors If this RFP results in a contract award, the offeror selected will be the prime Contractor and shall be responsible for all work of any subcontractors. The Contractor shall be responsible to the County for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Contractor. Furthermore, nothing contained within this document or any contract documents created from any contract awards derived from this RFP shall create a contractual relationship between any subcontractor and the County. Offeror's Signature The proposal must be signed by an individual legally authorized to bind the offeror. The offeror's signature is a guarantee that the proposal has been developed without collusion. The offeror shall provide proof of authority of the person signing the RFP upon the County’s request. Offer in Effect for 120 Calendar Days The offeror may not modify, withdraw, or cancel a proposal for a 120-day period following the RFP due date. PROPOSAL REQUIREMENTS Proposal Organization Proposals must be organized into sections that follow the format of this RFP. Pages must be consecutively numbered. 132 4 Compliance with Instructions Scoring points may be deducted for failure to comply with these instructions. Furthermore, a proposal may be deemed nonresponsive and disqualified from consideration if it does not follow the response format, is difficult to read or understand, or is missing required information. Extraneous or Outside Information Selection and contract award will be based on the offeror's proposal and the evaluation of other information outlined in this RFP. Offeror responses may not include references to information located on Internet websites, in libraries, or at other external locations unless specifically requested in the RFP. Such information will not be considered, will have no bearing on any award, and may result in the offeror’s disqualification from further consideration. Copies Required and Deadline for Receipt of Proposals The proposal must be submitted to the County procurement officer by email. Proposals must be labeled with the proposal’s name and received by the procurement officer by the due date and time. The offeror is solely responsible for assuring delivery by the deadline. Late Proposals Regardless of cause, late proposals will not be accepted and will be automatically disqualified from consideration. Preparation Costs The offeror is solely responsible for all costs incurred prior to contract execution. SECTION 2 - RFP STANDARD INFORMATION AUTHORITY This RFP is issued under the authority of the Missoula County Purchasing and Contracts Policy. The RFP process is a procurement option which allows the award to be based on evaluation criteria in addition to cost. Section 5 states the relative importance of all evaluation criteria, and only the evaluation criteria outlined in the RFP will be used. OFFEROR COMPETITION The County encourages free and open competition to obtain quality, cost-effective services and products. The specifications contained in proposal requests are designed to accomplish this objective. PUBLIC INSPECTION OF PROPOSALS Public Information All information received in response to this RFP, including copyrighted material, is deemed public information and with one exception will be available for public viewing and copying after the proposal deadline. A County copier will be available at a cost of $.25 per page, but no County personnel will be provided to make copies. 133 5 The public will not be able to view bona fide trade secrets meeting the requirements of the Uniform Trade Secrets Act, Title 30, Chapter 14, Part 4, MCA. The procurement officer will remove any such trade secrets from the RFP prior to public viewing. Bona Fide Trade Secrets Confidential information meeting the requirements of Title 30, Chapter 14, Part 4, MCA will be available for review only by the procurement officer, the evaluation committee members, and limited other designees. Before the RFP is made available to the public, the procurement officer will remove the confidential information if the following conditions are met: • Confidential information is clearly marked and separated from the rest of the proposal. • No confidential material is contained in the cost section. • An affidavit from the offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to the proposal. To make the trade secret claim, legal counsel must use the Missoula County “Affidavit for Trade Secret Confidentiality” form available at https://www.missoulacounty.us/government/administration/auditor-s-office/bids-proposals/bids- proposals-policies-forms The offeror shall pay all legal costs and fees associated with defending a claim for confidentiality if a “right to know” request is received from another party. CLASSIFICATION AND EVALUATION OF PROPOSALS Classification of Proposals as Responsive or Non-responsive All proposals will be classified as either “responsive” or “non-responsive.” A proposal is considered “responsive” if it conforms in all material respects to the requirements of the RFP. A proposal may be found non-responsive if: • Required information is not provided; • The cost proposal is excessive or inadequate as measured by criteria stated in the RFP; • The proposal does not conform to the specifications described and required in the RFP. If a proposal is found to be non-responsive, it will receive no further consideration. Determination of Offeror Responsibility The procurement officer and/or the selection committee will make a determination whether an offeror has met the standards of responsibility based on the requirements of the RFP. Factors used to determine the responsibility may include whether the offeror has: • The appropriate financial, material, equipment, or human resources to meet all contractual requirements; • A satisfactory record of integrity; • The legal ability to contract with the County; • Provided all information requested for use in the determination of responsibility; and • A satisfactory record of past performance. An offeror may be deemed “nonresponsible” at any time during the procurement process if information surfaces to support such a determination. 134 6 Evaluation of Proposals and Offeror Interviews The remaining proposals will be scored according to the evaluation criteria stated in Section 5. The selection committee may ask finalists to appear for interviews or to provide written responses to items requiring clarification. Any costs associated with interviews are the sole responsibility of the offeror. County’s Right to Investigate and Reject The County may make such investigations as are deemed necessary to determine the ability of the offeror to provide the product or services specified. The County reserves the right to reject any proposal if the evidence obtained fails to satisfy the County that the offeror is properly qualified to perform the obligations of the contract. This includes the County's ability to reject a proposal based on negative references. Offeror Selection and Contract Execution After an evaluation of the offeror interviews and/or product demonstrations, the selection committee will recommend a contract award, which the procurement officer will communicate to the offeror selected. If the offeror does not accept all material terms of the County contract, the County may move to next ranked offeror or cancel the RFP. The work described in the RFP may begin only after the contract is signed by all parties. COUNTY'S RIGHTS RESERVED The RFP in no way constitutes a commitment by the County to award and execute a contract. If such actions are deemed in its best interests, the County, in its sole discretion, reserves the right to: • Cancel or terminate this RFP; • Reject any or all proposals received in response to this RFP; • Waive any undesirable, inconsequential, or inconsistent provisions of this RFP; • If awarded, suspend contract execution; or terminate the resulting contract if the County determines adequate county funds are not available. SECTION 3 – PROJECT SCOPE Background Missoula County, the City of Missoula, the City of Bozeman, and the City of Helena have all established (or are considering) goals of 100% clean electricity for their respective communities by 2030. These four local governments have identified green tariffs as an important component of their efforts to achieve these goals. Green tariffs are an increasingly common mechanism by which customers of regulated utilities have the option to buy power from newly developed renewable energy sources through a special rate (or “tariff”) on their utility bills. In 2019, the Montana Public Service Commission approved a settlement agreement between NorthWestern Energy, the Montana Department of Environmental Quality, the Montana Consumer Counsel, and Walmart, in which NorthWestern Energy agreed to initiate a stakeholder process to explore the development of a green tariff. This stakeholder process is currently underway. Missoula County, the City of Missoula, the City of Bozeman, and the City of Helena are participating in this stakeholder process. These four local governments seek a consultant with technical expertise in green tariffs and utility rate design to help inform the development of NorthWestern Energy’s green tariff. The local governments’ goals with regard to the green tariff include (1) that it results in the development of new utility-scale renewable energy in the state of Montana, (2) that the green tariff rates, contract terms, and eligibility requirements make it accessible and 135 7 attractive to as many NorthWestern Energy customers as possible, and (3) that it does not negatively impact non-participating customers. The scope of this project has two components, described below as Scope A and Scope B. Scope A – To be completed Q1 2021 The consultant selected for this project will work closely with the four local governments and NorthWestern Energy to: • Develop a structural framework for a green tariff that complies with all regulatory constraints applicable to NorthWestern Energy’s Montana operations, and meets the local governments’ goals articulated above. This framework will include: o Cost structure o Credit mechanism o Customer eligibility requirements o Contract terms o Aggregation of metered loads o Treatment of excess, unsubscribed generation o Management of Renewable Energy Certificates (RECs) o Potential low-income carveout or other mechanism to address equity • Develop estimate of green tariff rates and projected net cost/benefit to participate over various contract terms for various customer classes based on proposed cost structure, credit mechanism, and proxy estimates of costs and credits. Scope B – Estimated 2022 This scope is contingent upon the filing of a green tariff with the Montana Public Service Commission that the local governments wish to support. In collaboration with the four local governments, the consultant will prepare testimony and participate as an expert witness in Montana Public Service Commission proceeding to support approval of the green tariff. SECTION 4 - OFFEROR QUALIFICATIONS To enable the selection committee to evaluate the capabilities of the offeror and its ability to provide the services specified in this RFP, the offeror must provide the following: Company Profile and Experience • Introductory letter or statement of interest; • Firm name, address, and principal contact for this RFP; • Senior management of the firm; • A general description of the firm including its primary source of business, organizational structure and size, number of employees, and years of experience performing services or supplying products similar to those described within this RFP; • A summary of projects completed by the firm in the last 3 years similar in size and scope to the proposed project. • A resume or summary of qualifications, work experience, education, certification, and skills for all key personnel, including any subcontractors, who will be directly involved in this project. Include each individual’s anticipated role and years of experience providing services similar to those described in this RFP. Project Approach 136 8 • Explain your approach to the project as described in Section 3. • Address your availability to complete the project within the timeframe described in Section 3. Cost Proposal • Provide lump sum bids for Scope A and Scope B as described in Section 3. Scope B is contingent upon the filing of a green tariff that the local governments wish to support with the Montana Public Service Commission. References • Provide a minimum of 3 references that are using or have used the services/products of the type proposed in this RFP. At a minimum, provide the company name, location where the services/products were provided, contact person(s), contact telephone number, e-mail address, and a complete description of the services/products provided, and the dates of service. Interviews The selection committee reserves the right to conduct interviews. Interviews will be conducted by videoconference. INSURANCE REQUIREMENTS Contractor will be required to maintain general liability insurance in the amount of one million dollars ($1,000,000) per occurrence and two million ($2,000,000) in the aggregate. Contractor will be required to provide professional liability insurance. In accordance with §§ 39-71-401 and 39-71-405 MCA, Contractor agrees to provide workers’ compensation insurance for its employees while performing work under this Agreement. Contractor shall provide proof of compliance in the form of workers’ compensation insurance or documentation of corporate officer status and maintain such insurance or corporate officer status for the duration of the contract. All insurance policies required must be from an insurance carrier licensed to do business in the State of Montana. Contractor agrees to furnish proof of required insurance to the County prior to commencing work under Agreement. Missoula County must be listed as an additional insured on the general liability insurance certificate for this Agreement unless otherwise specified by Missoula County. SECTION 5 – EVALUATION PROCESS A selection committee including representatives of Missoula County, the City of Missoula, the City of Bozeman, and the City of Helena will review and evaluate the proposals according to the criteria that follow, based on a total number of 30 points. EVALUATION CRITERIA Category Points Available Company profile, experience, and references 10 Project approach 10 Cost proposal 10 137 9 SECTION 6 – TERMS AND CONDITIONS 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. Missoula County Standard Terms and Conditions By submitting a response to this invitation for bid, request for proposal, or limited solicitation, the vendor agrees to acceptance of the following Standard Terms and Conditions and any other provisions that are specific to this solicitation or contract. ACCEPTANCE/REJECTION OF BIDS, PROPOSALS, OR LIMITED SOLICITATION RESPONSES: The County reserves the right to accept or reject any or all bids, proposals, or limited solicitation responses, wholly or in part, and to make awards in any manner deemed in the best interest of the County. Bids, proposals, and limited solicitation responses will be firm for 30 days, unless stated otherwise in the text of the invitation for bid, request for proposal, or limited solicitation. ACCESS AND RETENTION OF RECORDS: The contractor agrees to provide the County, the County Auditor, or authorized agents, access to any records necessary to determine contract compliance. The contractor agrees to create and retain records supporting the services rendered or supplies delivered for a period of three years after either the completion date of the contract or the conclusion of any claim, litigation, or exception relating to the contract taken by Missoula County or third party. ALTERATION OF SOLICITATION DOCUMENT: In the event of inconsistencies or contradictions between language contained in the County’s solicitation document and a vendor’s response, the language contained in the County’s original solicitation document will prevail. Intentional manipulation and/or alteration of solicitation document language will result in the vendor’s disqualification. 138 10 ASSIGNMENT, TRANSFER AND SUBCONTRACTING: The contractor shall not assign, transfer or subcontract any portion of the contract without the express written consent of the County. AUTHORITY: The attached bid, request for proposal, limited solicitation, or contract is issued under the authority of the Missoula County Purchasing and Contracts Policy. COMPLIANCE WITH LAWS: The contractor must, in performance of work under the contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Montana Human Rights Act, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the contractor subjects subcontractor to the same provisions. In accordance with MCA 49-3-207, the contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or nation origin by the persons performing the contract. CONFORMANCE WITH CONTRACT: No alteration of the terms, conditions, delivery, price, quality, quantities, or specifications of the contract shall be granted without prior written consent of Missoula County. Supplies delivered which do not conform to the contract terms, conditions, and specifications may be rejected and returned at the contractor’s expense. DEBARMENT: The contractor certifies, by submitting this bid or proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. If the contractor cannot certify this statement, attach a written explanation for review by the County. DISABILITY ACCOMMODATIONS: The County does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services, or activities. Individuals who need aids, alternative document t formats, or services for effective communications or other disability related accommodations are invited to make their needs and preferences known to the County department issuing the solicitation. Interested parties should provide as much advance notice as possible. FAILURE TO HONOR BID/PROPOSAL: If a bidder or offeror to whom a contract is awarded refuses to accept the award or fails to deliver in accordance with the contract terms and conditions, the County may, in its discretion, suspend the bidder or offeror for a period of time from entering into any contracts with Missoula County. FORCE MAJEURE: Neither party shall be responsible for failure to fulfill its obligations due to causes beyond its reasonable control, including without limitation, acts or omissions of government or military authority, acts of God, materials shortages, transportation delays, fires, floods, labor disturbances, riots, wars, terrorist acts, or any other causes, directly or indirectly beyond the reasonable control of the nonperforming party, so long as such party is using its best efforts to remedy such failure or delays. HOLD HARMLESS/INDEMNIFICATION: The contractor agrees to protect, defend, and save the County, its elected and appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, causes of action of any kind or character, including the cost of defense thereof, arising in favor of the contractor’s employees or third parties on account of bodily or personal injuries, death, or damage to property arising out of services performed or omissions of services or in any way resulting from the acts or omissions of the contractor and/or its agents, employees, representatives, assigns, subcontractors, except the sole negligence of the County, under this agreement. 139 11 LATE BIDS AND PROPOSALS: Regardless of cause, late bids and proposals will not be accepted and will automatically be disqualified from further consideration. It shall be solely the vendor’s risk to ensure delivery at the designated office by the designated time. Late bids and proposals will not be opened and may be returned to the vendor at the expense of the vendor or destroyed if requested. PAYMENT TERMS: All payment terms will be computed from the date of delivery of supplies or services OR receipt of a properly executed invoice, whichever is later. Unless otherwise noted in the solicitation document, the County is allowed 30 days to pay such invoices. All contractors will be required to provide banking information at the time of contract execution in order to facilitate County electronic funds transfer payments. RECIPROCAL PREFERENCE: The County applies a reciprocal preference against a vendor submitting a bid from a state or country that grants a residency preference to its resident businesses. Such reciprocal preference is applied only to competitively bid projects for construction, repair, or maintenance of a building, road, or bridge in excess of $50,000. REGISTRATION WITH THE SECRETARY OF STATE: Any business intending to transact business in Montana must register with the Secretary of State. Businesses that are incorporated in another state or country, but which are conducting activity in Montana, must determine whether they are transacting business in Montana in accordance with MCA 35-1-1026 and MCA 35-8-1001. Such businesses may want to obtain the guidance of their attorney or accountant to determine whether their activity is considered transacting business. If businesses determine that they are transacting business in Montana, they must register with the Secretary of State and obtain a certificate of authority to demonstrate that they are in good standing in Montana. To obtain registration materials, call the Office of the Secretary of State at (406) 444-3665, or visit their website at http://sos.mt.gov. SEPARABILITY CLAUSE: A declaration by any court, or any other binding legal source, that any provision of the contract is illegal and void shall not affect the legality and enforceability of any other provision of the contract, unless the provisions are mutually dependent. SHIPPING: Supplies shall be shipped prepaid, F.O.B. Destination, unless the contract specifies otherwise. SOLICITATION DOCUMENT EXAMINATION: Vendors shall promptly notify the County of any ambiguity, inconsistency, or error which they may discover upon examination of a solicitation document. TAX EXEMPTION: Missoula County is exempt from Federal Excise Taxes (#81-6001397). TERMINATION OF CONTRACT: Unless otherwise stated, the County may, by written notice to the contractor, terminate the contract in whole or in part at any time the contractor fails to perform the contract. UNAVAILABILITY OF FUNDING: The contracting department, at its sole discretion, may terminate or reduce the scope of the contract if available funding is reduced for any reason. U.S. FUNDS: All prices and payments must be in U.S. dollars. VENUE: This solicitation is governed by the laws of Montana. The parties agree that any litigation concerning this bid, request for proposal, limited solicitation, or subsequent contract, must be brought 140 12 in the Fourth Judicial District in and for the County of Missoula, State of Montana, and each party shall pay its own costs and attorney fees. WARRANTIES: The contractor warrants that items offered will conform to the specifications requested, to be fit and sufficient for the purpose manufactured, of good material and workmanship, and free from defect. Items offered must be new and unused and of the latest model or manufacture, unless otherwise specified by the County. They shall be equal in quality and performance to those indicated herein. Descriptions used herein are specified solely for the purpose of indicating standards of quality, performance, and/or use desired. Exceptions will be rejected. 141 Memorandum REPORT TO: City Commission FROM: Chris Saunders, Community Development Manager Jeff Mihelich, City Manager SUBJECT: Appeal IFA-2021-1 from BARTIMCO PROPERTIES/SAWMILL GULCH PROPERTIES of an Administrative Decision of the City Manager Regarding a Request for Listing of Certain Improvements on the Capital Improvements Program (CIP) in Association with Development of Nelson Meadows Subdivision and a Request for Impact Fee Credits (Quasi-Judicial) MEETING DATE: February 2, 2021 AGENDA ITEM TYPE: Community Development - Quasi-Judicial RECOMMENDATION: 1. Having heard and considered the administrative record, appeal materials, and presentations by staff and the appellant, I find no error with the staff’s determination and uphold the decision that dedication of a right of way, instead of an easement, on the northerly boundary of Nelson Meadows Subdivision does not qualify for inclusion in the CIP. 2. Having heard and considered the administrative record, appeal materials, and presentations by staff and the appellant, I find no error with staff’s determination and uphold the decision that the dedication of land to construct Nelson Road to a collector street standard does not qualify for inclusion in the CIP. 3. Having heard and considered the administrative record, appeal materials, and presentations by staff and the appellant, I find no error with staff’s determination and uphold the decision that the dedication of land to construct Prince Lane to a local street standard does not qualify for inclusion in the CIP. 4. Having heard and considered the administrative record, appeal materials, and presentations by staff and the appellant, I find no error with staff’s determination recommending that construction costs of expanding Nelson Road to collector street standard not be prioritized for inclusion in the CIP. 5. Having heard and considered the administrative record, appeal materials, and presentations by staff and the appellant, I find no error with staff’s determination and uphold the decision that construction costs of Prince Lane do not qualify for inclusion in the CIP. 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: On January 5, 2021, the appellant, BARTIMCO PROPERTIES/SAWMILL GULCH 142 PROPERTIES (Bartimco), submitted an appeal of a decision of the City Manager regarding listing of possible improvements on the impact fee capital improvement program. Administrative decisions regarding impact fees are subject to appeal to the City Commission. The appellant’s material lists specific items for which the decision is appealed. The appellant, Bartimco, previously submitted an annexation request, file 18-056, on January 31, 2018. The application was approved and Resolution of Annexation 4905 incorporating the approved terms of annexation was approved on June 4, 2018. The appellant submitted a preliminary plat for the Nelson Meadows subdivision on October 5, 2018. The findings of fact for the subdivision were approved by the City Commission on March 11, 2019. The application for final plat was submitted on December 24, 2019. The final plat was recorded with the Gallatin County Clerk and Recorder on October 19, 2020. During the annexation and subdivision process, the City required various improvements to meet City policy and code requirements. If an applicant does not agree with Terms of Annexation they may choose to not sign the annexation agreement. During subdivision preliminary plat review, the subdivider may appeal the decision of the City Commission within 30 days of the adoption of the findings of fact. In this case, neither of these two actions occurred. The appellant’s representative requested by letter on September 16, 2019, that the City include seven items including right of way purchase, construction of streets, and construction of water infrastructure on the capital improvement program. The Staff determined that some requested items met the requirements for impact fee reimbursement and some did not. For a listing of the impact fee funding requirements see pages 1-3 of the memo from Chris Saunders to Jeff Mihelich attached to this agenda item. The appellant requested via letter on July 16, 2020 that the City reconsider those items which Staff had determined did not meet the criteria. Staff, including the City Manager, reviewed the updated request and met with the appellant on December 10, 2020. The written findings from Staff were provided to the applicant prior to the meeting. The City Manager sent a written decision to the appellant on December 18, 2020 declining the request to list the items on the CIP. The City Manager’s written decision is attached to this agenda item. The City Manager’s decision relied upon the written findings in the memo from Chris Saunders, the written materials provided by the applicant, and the discussion at the December 10th meeting. The impact fee program is subject to specific state law and local code requirements. Application of the code must conform to those requirements. There are standards and procedures for improvements to qualify for expenditure of impact fee funds. Commission action: This appeal is based on the record of the decision. The 143 record materials are attached to this agenda item. The City Commission must consider the applicable criteria for impact fee funding, consider the decision made by the City Manager, and determine whether the City Manager correctly applied the criteria. Due to the five discrete elements of the appeal and the findings made by staff for each item a separate motion is recommended for each item. The Commission may act to uphold or overturn the City Manager’s decision on each item. If the City Commission determines the City Manager applied the criteria correctly no further action is needed. If the City Commission determines the criteria were not correctly applied the Staff will review the projects for potential inclusion on the CIP and make a future recommendation to the City Commission for a CIP amendment. The City Commission will then need to consider the potential amendment and what impacts it may have on other project priorities. UNRESOLVED ISSUES: None. ALTERNATIVES: For any of the items considered on appeal, the City Commission could find that staff’s determinations were in error and make alternative findings that all criteria in 2.06.1690 are met. The City Commission could then direct staff to amend the CIP and place the amended CIP on a future City Commission agenda for consideration. FISCAL EFFECTS: Should the City Commission find that any of staff’s determinations were in error and ultimately approve an amended CIP that includes the projects that are the subject of this appeal, the impact fee funds would be affected. This may change the City’s ability to construct projects now prioritized for construction in the currently adopted CIP. Exact figures are not available as there are multiple components of the appeal and the Commission could allow some or all. Attachments: Decision Letter from City of Bozeman CM 12-17-2020.pdf Appeal package - Received 1-05-2021.pdf Saunders Memo to City Manager for review final.pdf Single Packet of 7-16-2020 applicant materials.pdf 12.04.20 Letter to Saunders - Supplemental Application - Impact Fee Credits. v2 pdf.pdf Report compiled on: January 25, 2021 144 From: Julie Hunter To: kent.merselis@barnard-inc.com Cc: Jeff Mihelich; Chris Saunders; Shawn Kohtz; Chuck Winn; Mitch Reister; Martin Matsen; Anna Rosenberry Subject: Letter from City of Bozeman Date: Thursday, December 17, 2020 12:10:29 PM Attachments: image001.png COB_letter_Merselis_12.18.2020.pdf Dear Mr. Merselis, Please see the attached letter of the image below, sent from City Manager Jeff Mihelich. The original hard copy is being mailed to you. 145 Thank you- Julie Hunter Julie Hunter | Executive Assistant City of Bozeman 146 406-582-2306 jhunter@bozeman.net 147 Date Recieved Day_ Month CITY OF BOZEMAN DEVELOPMENT IMPACT FEE Appeal of Adniinstrative Decision Year Applicant Street/P.O. Box City/State/Zip BSRTIMCO PROPERTIES/SAWMILL GULCH PROPERTIES 701 Gold Avenue Bozeman, MT 59715 Property Owner Street/P.O. Box City/State/Zip Legal Desc. Same as Applicant Nelson Meadows Subdivision Site Address Project Title Project Desc. Nelson Road, Bozeman, MT 59718 Nelson Meadows Subdivision #20-457 - Impact Fee Cr^ Impact Fee Credit dit Reason for Appeal- additional sheets may be attached if necessary. Please consider this form, with fee, the attached letter and all exhibits as the appeal from the denial of request for impact fees. The identified terms exceed the City's recrulations, were required by the City of Bozeman and exceed the impacts of the subdivision. y Applicant Property Owner ^ ^7 AM e^"' // / ~c: ^ 4 ^/ - <? ^. ^/ -DATE- c^/' ^/.^/ DATE Appeal fee of $500 shall be submitted with this form. Should the appeal be granted the fee will be refunded. c <i f< 1:1.- 148 .1' SUSAN B. SWIMLEY Attorney and Counselor At Law 1807 West Dickerson,#B Bozeman,MT59715 Phone: (406) 586-5544 Facsimile: (406) 586-3130 January 4,2020 Bozeman City Commission Attention: Mike Maas 121 North Rouse Bozeman,MT59715 Dear City Commission: RE: Appeal - impact fee credit Request - denial (project #20-457) Attached please find the appeal form, $500 fee and documentation of the appeal from the denial of the request for impact fee credit for Nelson Meadows. The subdivider appeals the City's denial of impact fee credit for the following items set out in BarTimCo Properties, LLC December 4, 2020 letter identified as follows: #4 Required dedication of right of way, instead of easement, on northerly boundary of Nelson Meadows Subdivision; #5 Requiring subdivider to construct Nelson Road to collector when local street standard accommodated the Nelson Meadows Subdivision impact; #6 Requiring dedication of Prince Lane, which was not required by City regulation and does not connect to another public street, road or highway; #7 Construction cost of expanding Nelson Road to collector when local street standard accommodated the Nelson Meadows Subdivision impact; #8 Construction cost of Prince Lane, which was not required by City regulation and does not connect to another public street, road or highway; Each impact fee credit item exceeded the City's subdivision regulations and the proportionate impacts of Nelson Meadows Subdivision. Initially, the City denied the request and waited approximately six (6) months to inform the subdivider. The City then reconsidered the request and City Manager Mihelich denied the request on December 18,2020. The appeal is timely filed. 149 .« In addition to the information set forth in the attached documentation, the requested impact fee credits were erroneously denied as "project related improvements". The improvements, for which credit is sought, were demanded by various City ofBozeman personnel as subdivision conditions. Each exceeds the minimum improvements needed to service the Nelson Meadows Subdivision project and has been denied for reimbursement of the respective requirement. Prince Lane is an easy example. Prince Lane is not required by any regulation. Block length could have been and was initially approved as a pedestrian/ multi - access pathway to meet the block length requirements. City engineering required the installation and dedication of a full city street, which does not connect to any other street, road or highway. The connection will not be made as MRL owns the intervening land and refuses to grant access to the Frontage Road, which is controlled by MDT. MDT denied the request to connect. With all of that information, which was presented. City Engineering staff continued to require the construction and dedication of a street to nowhere, which serves no purpose and exceeds the City's regulations. Thus, determinations of Item Nos. 6 and 8 above were made in error. Additionally, Item Nos. 5 and 7 pertaining to the determination that Nelson Road be constmcted to a "collector" standard as opposed to a local street standard was in error. The subdivision as proposed can be adequately accommodated with a local road standard. Nelson Meadows is entitled to the impact fee credit for the difference between the land dedication of the local road with a collector road, because expanding Nelson Road to the "collector" road width serves no purpose and exceeds the City's regulations and requirements for service to the subdivision. Finally, Item No. 4 pertaining to the determination that a 30' dedicated right of way, as opposed to an easement, be dedicated on the northerly boundary of the Nelson Meadows Subdivision exceeded the City's needs. The demand of a right of way rather than easement not only precludes the Applicant's ability to sell approximately 1.41 acres of land, but the right of way itself leads to a dead-end. In email dated July 25, 2018, identified as Exhibit A, the City admitted that the taking of a fee title would not further the needs of the community. Thus, the determination was made in error because it serves no purpose and exceeds the City's regulations. Thank you and we look forward to resolving this issue amicable. Sincerely, ?] /^ Ui^iaMW^^^i Susan B. Swiml'ey End. Page 2 of 2 150 .J BARTIMCO PROPERTIES, LLC December 4, 2020 Mr. Chris Saunders Assistant Planning Director CityofBozeman,MT 20 E. Olive Street Bozeman,MT. 59771 Mr. JeffMihelich Bozeman City Manager 121 N Rouse Avenue Bozeman,MT 59715 Nelson Meadows Impact Fee Credit - supplemental application # 3 Gentlemen, Thank for you reconsidering our September 17, 2019 request to obtain Impact Fee Credits from the City for Nelson Meadow subdivision. As you know, after this initial request submission, Nelson Meadows was not informed that our application had been considered by the City until February 24, 2020, when we received, by email, the results of the City's process summarized by Shawn Kohtz's "sticky notes" memo, attached hereto. See Exhibit Kohtz, email to M. Ekstrom 2.20.2020. We have previously provided you all Exhibits referenced herein and will make them available to you upon request. We strongly believe our request is justified and appreciate your reconsideration of these items. Therefore, the following summarizes our amended request for Impact Fee Credits with which we may be able to receive partial reimbursement by selling these credits to the Buyers of Nelson Meadow lots during their application for Building Pennit. We propose to use this summary as our agenda for next Thursday's (12.10.20) 4:00 pm meeting with you.. .location of the meeting has yet to be confirmed. We will call you next week to establish the location. To that end, Barnard Construction Company's corporate headquarters (701 Gold Ave) has numerous large conference rooms that would easily provide social distancing. We would be more than happy to host this meeting. The following summarizes our revised request for your consideration. #1 - COB request to increase Water Service from 8" to 16". To facilitate future development in the area, COB requested that Nelson Meadows increase the size of the water service to the development from 8" to 16". hi the interim, we have received partial reimbursement from the City in the amount of $339,363 for 'oversizing' the water main. Therefore, No Impact Fee Credit reeardine this matter is requested. #2 - Additional costs resulting from the City's request to upsize the water line. The costs associated with the replacement and manufactiu-ing of the increased size ofPRV were $150,425 and the costs associated with excavating, removing and replacing the connecting tee were an additional $7,831.43 for a total of $158,256.43. We have been infonned by Morrison Maierle that we will soon receive a COB check in the amount of $155,000. ''01 Gold Avenue. Bozeman. MT 59715 151 *•• BARTIMCO PROPERTIES, LLC Assuming this information regarding our imminent receipt of a $155,000 from COB is accurate, we will withdraw our request. No Impact Fee Credit regarding this matter is requested at this time. # 3 - Additional costs required to be paid to Montana Rail Link (MRL). Because the City ofBozeman failed to obtain access agreements from MRL for COB water and sewer lines that serve the Montana Department of Transportation ("MDT") facility and because the City failed to respond to numerous MRL requests regarding the unpermitted pipelines, MRL refused to provide Nelson Meadows with similar permits for water and sewer until obtaining the MRL - City permits. MRL would not grant Nelson Meadows a Utility Occupancy Permit until Nelson JVIeadows obtained and submitted the Utility Occupancy Permit from the City for the Montana Department of Transportation facility. The City allowed the Montana Department of Transportation facility to install the 8" water line and the 1.5" sewer force main which serves the Montana Department of Transportation facility in the MRL-owned property without the same condition placed on Nelson Meadows. The City required Nelson Meadows to obtain the Utility Occupancy Permit after failing to require the Montana Department of Transportation facility to do so. However, that previous oversight does not obligate the City ofBozeman for impact fees in this situation. No Impact Fee Credit regarding this matter is requested. #4 - Land: The 30Jbot dedicated right-of-waY, instead of an easement, on northerly boundary of the subdivision. The City's demand for land dedication by right-of-way, rather than an easement for potential future public use, precluded our ability to sell fee interest in the subject land. As stated by Tom Rogers in his July 25, 2018 message... "a road on the north property boundary does not further the needs of the community. " The applicant sought to provide an easement for this potential extension of the future road system. In July of 2018 the City staff agreed by stating "However, providing an easement on the north boundary is supported, if provided". See Exhibit A, email T. Rosers to M. Ekstrom 7.25. 2018. The potential 3/4 mile extension of Stone Gate Drive, from Springhill Road to Nelson Road, in addition to the roadway costs, would necessitate the construction of an $8 million dollar bridge to span over the Gallatin River. However improbable, this extension is not necessary to serve the Nelson Meadows Subdivision. In addition, the land that abuts the right-of-way to the north (which would be required to provide the northerly 50% fifty percent of land for the roadway), is under County jurisdiction and has already improved. Finally, the right-of-way terminates at Nelson Meadow's west property boundary at Sunset Memorial Gardens, a County cemetery which abuts Nelson Meadows and would create a dead-end tennination point for the proposed extension. Subdivision Staff Report dated January 24, 2019, Engineering Condition 36 required a dedicated right-of-way, which removed the underlying land from the applicant s use and precluded the future sale of the property for site building density, if not development. We believe that the taking of fee title to this land, as compared to the original mutual agreement to provide the City with an easement, combined with the City's admission that the taking does not further the needs of the community, qualifies our request to receive an Impact Fee Credit equal to the value of the land. 701 Gold Avenue, Bozeman, MT 59715 152 BARTIMCO PROPERTIES, LLC Therefore, the applicant seeks Impact Fee Credits for this dedication of land by right-of-way, rather than by a previously agreed upon easement, consisted of 1.41 acres (61,420 sf). The market cost of land for the right- of-way is currently $8.50 / s.f. at 61,420 s.f. = $522,067. #5 - Land: COB required Nelson Road to be constructed to a "Collector" road standard, when subdivision and existing average daily vehicle trips could have been accommodated by a "Local" street standard. The Local street standard is 60 feet right-of-way and the Collector standard is 90 feet right-of-way. The estimated ADT from Nelson Meadows Subdivision at the Frontage Road is approximately 1,910 vehicles per day plus an estimated ADT of 20 vehicles per day on Nelson Road north of the subdivision. Nelson Road has a posted speed limit of 45 mph. At that operating speed, a two-lane street can handle between 6,400 and 7,000 vehicles per day and be estimated to function at LOS C. This is shown in Exhibit 16-16 of the Highway Capacity Manual, ffh Edition: A Guide for Multimodal Mobility Analysis (Transportation Research Board, October 2016). This information was presented in the Nelson Meadows Traffic Impact Study submitted to the City ofBozeman in a Preliminary Plat application 12/20/18. Nelson Meadows Subdivision would have been well served by a Local two-lane street. The City ofBozeman mandated Nelson Meadows Subdivision to build Nelson Road to a "Collector" standard. The applicant is entitled to Impact Fee Credit for the difference between the land dedication area of a Local street and the land required to construct a Collector roadway, which was demanded to accommodate future traffic not currently existing or generated by the Nelson Meadows subdivision. Therefore, the applicant seeks Impact Fee Credits equal to the value of the 15 feet right-of-way (applicant's side of the Collector) demanded by the City and not by easement. The area is 15 feet in width x 2249.13 in length for a total of 0.774 acres (33,737 sf). 33,737 sfx $8.50/sf = $286,765. #6 - Land: Extension of Prince Lane from the Intersection at Royal Wolf Way to the subdivision property line - aligned with, but not connected to, the intersection of East Valley Center Spur Road and the Frontage Road (East Valley Spur Connection). This roadway extension was not a project improvement. The developer did not propose this extension, it was not included in our approved preliminary site plan and developer argued against it based upon: 1) the extended roadway creates a dead end street by not connecting to any other street; 2) does not improve the access to the subdivision; and 3) it was not necessary to meet the City ofBozeman requirements for subdivision access or block-length criteria. Our original Pre-application plan did not include the extension of Prince Lane to the East Valley Spur Connection. See Exhibit B, May 2 2018 project concept. Our initial layout, and our stated intent not to connect to the Frontage Road, was based upon our concern for traffic safety and this intersections history of fatal accidents. Our intent not to connect at the East Valley Spur intersection was further supported by conversations with Chris Saunders and MDOT officials during our preliminary planning, aimexation and zoning process. Attached are the original versions of the Pre-Application Plan (1st Pre-App Plan Park Place 11X17 O51618.pdfand 2nd Pre-App Plan 071918 22x34 rev 2.pdf). See Ex. C. July 18. 2018. As the City knows MRL owns the approximately 9' strip of land between the Nelson Meadows property line and the ]V[DT has an easement (for the Frontage Road). Any future street connection would require an easement across the MRL land to make any connection to the East Valley Spur / Frontage Road intersection. MRL has provided written assurance, based upon fa-affic safety concerns, that they will not provide the required easement. 701 Gold Avenue, Bozeman, MT 59715 153 BARTIMCO PROPERTIES, LLC Our original preliminary plat application was submitted without the 600 foot extension of Prince Lane to the Frontage Road and East Valley Center Road Spur Connection. This was designed in concert with City Planning and Engineering staff to develop the street grid network for the project. The original preliminary plat is attached (Original Preliminary PLAT O90418.pdf). [See Ex. D attached hereto] Several months later, during the plat entitlement process, City Engineering's Shawn Kohtz demanded a connection to the East Valley Spur intersection. In response, applicant provided City Engineering with correspondence from both Montana Department of Transportation "MDT" and Montana Rail Link ("MRL") stating that both entities would be against any cormection at the Frontage Road and East Valley Center Spur intersection. Please see the attached letter from Jean Riley, MDT Exhibit E. MDT letter dated 10.11.2018 and email from Joe Racicot, General Counsel for (Exhibit F-MRL- 05.21.19 Joseph M. Racicot message.pdf) for details. In spite of strong opposition voiced by MDT, MRL and the Developer in opposition to the connection of Prince Lane to the East Valley Spur intersection, POiotz and City Engineering required Nelson Meadows to design and constmct the extension of Prince Road. Ex. G - email 10.25.2018 and Exhibit H. 12.7.2018 report Nielsen to Rogers — see condition of approval 2. In spite of the above, City Engineering demanded the 600' extension of Prince Lane by right-of-way dedication. This extended roadway: 1) was not a project improvement; 2) served no purpose for traffic flow within the subdivision; 3) created a dead-end road; and 4) MRL had assured us that it will never allow a connection to the Frontage Road. Therefore, we believe it qualifies for an Impact Fee Credit. Based upon the above, the applicant hereby requests Impact Fee Credits for the value of this land by dedicated right-of-way (60 feet wide for a length of 600 feet) for a total area of 36,000 s.f. x $8.50 /sf = $306,000. #7 - Construction costs - Nelson Road required to be constructed as "Collector" rather than "Local" Street. For the same reasons as the applicant is entitled to Impact Fee Credit explained in land dedication in #5 above, the applicant is also entitled to be reimbursed for the cost of construction for increased roadway area to develop a "Collector" roadway, which was demanded by City Engineering to accommodate future traffic, although not currently existing or projected to be generated by the subdivision. It appeared that City Engineering recognized this was eligible for Impact Fee Credit based upon the below note inserted into the September 16, 2019 Impact Fee request provided to the City: 2.20.2020 S. Kohtz denied by stating This request was presented to the Impact Fee Advisory Committee at the November 5, 2019 meeting, and the Committee did not recommend prioritizing Impact Fee Funds for reimbursement of Nelson Road improvements. This request was also provided to the City Commission on the November 18, 2019 City Commission Meeting. An improvement to Nelson Road was also not prioritized in the City's capital plan. Therefore, no funds are available ". Based upon the above, the applicant requests Impact Fee Credits for costs associated with the construction of the additional 15' of roadway width, which was Nelson Meadows' portion of the constructed over-standard Collector roadway in the amount of $232,065.64, the additional construction cost paid to Knife River. 701 Gold Avenue, Bozeman, MT 59715 154 BARTIMCO PROPERTIES, LLC #8 - Construction Costs - The City's demanded Nelson Meadows extend Prince Lane from the Intersection of Royal Wolf Way to the subdivision's south property line. (600 lineal feet). For the same reasons as referenced in Item # 6 above, applicant is entitled to Impact Fee Credits for the cost of construction of the street that: 1) was not contained within the preliminary site plan design, which was approved by the City; 2) was not a desired a project improvement; 3)was not required for to meet subdivision or street length requirements; 4) does not enhance traffic by connecting to another public road; and 5) was not required for site access. Based upon the above, the applicant requests Impact Fee Credits for costs associated with the construction of the additional 36,000 s.f. of roadway which resulted in a Knife River Change Order in the amount of $106,437.50. Additional note: To put our request into economic perspective, the build-out of Nelson Meadows' 69 acres of industrial park will result in over 800,000 s.f. of development (FAR 27%) over the next five years. Using the current fonnula for Impact Fees and assuming that the City will not increase fees during this time, over $8,000,000 in fees will be generated by subdivision. Thank you for your reconsideration of this request. Nelson Meadows 701 Gold Avenue, Bozeman, MT 59715 155 BARTIMCO PROPERTIES, LLC July 16, 2020 Mr. Chris Saunders Assistant Planning Director City ofBozeman, MT 20 E. Olive Street Bozeman,MT. 59771 Mr. JeffMihelich Bozeman City Manager 121 N Rouse Avenue Bozeman,MT 59715 Nelson Meadows Impact Fee Credit - supplemental application Gentlemen, Thank you for reconsidering our request for Impact Pee credits for Nelson Meadow subdivision that was originally submitted on September 17, 2019. As you know, after the submission. Nelson Meadows was unaware that the application was considered and processed until February 20, 2020, when we received by email the results of the City's process summarized by Shawn Kohtz's "sticky notes" memo, attached hereto. See Exhthil. K.oht.z- eimiil to M-Ekstrom 2.20.2020, The following summarizes and includes some information that the City already has in its possession but was not originally attached to the impact fee request and we feel might not have been considered. All information previously submitted on the September 17. 2019 is requested to be considered together with the additional information included herein. The information below is addressed in the same order as presented previously. #1 - Land: The 30 foot dedicated right-of-way on northerly boundary of the subdivision. The dedication of land right of way, rather than by granted easement, is 1.41 acres (61,420 sf). Impact Fee credit is requested for the cost of right-of-way at $8.50 / sf. 61,420 sfx $8.50= $522,066.00. This land dedication, rather than the easement dedicated to public use, is the reason this Impact Fee credit is sought. The extension does not serve Nelson Meadows Subdivision at this time. The lands directly to the north, that would be required to provide fifty percent of the roadway, are already improved and located outside of the City boundary in Gallatin County. The land to the west is not developed. Neither are within the municipal limits. There is no method to anticipate when, or if, these lands will seek annexation. 701 Gold Avenue, Bozeman, MT 59715 156 BARTIMCO PROPERTIES, LLC The applicant sought to provide an easement for this potential extension of the future road system. In July of 2018 the City staff agreed that the "road on the north property boundary does not further the needs of the community. However, providing an easement on the north boundary is supported, if provided". See Exhih'it A, email T. Rogefs toA^Ekstrom 7.25. 2075. Subdivision Staff Report dated January 24, 2019 Engineering Condition 36 required a dedicated right-of-way, which removed the underlying land from the applicant's use and precluded the future sale of the property for site setbacks and density, if not development. The removal from use combined with the admission that it is not a project improvement, qualifies this land for impact fee credit. #2 - Land: Nelson Road required to be dedicated to a Collector road standard, when subdivision and existing average daily vehicle trips can be accommodated by a local street standard. The Local street standard is 60 feet right-of-way and the Collector standard is 90 feet right-of-way. Because applicant was required to dedicate additional land on one side of Nelson Road, applicant seeks the value of the 15 feet right of way (applicant's side of the Collector). The area is 15 feet width x 2,249.13 length for a total of 0.774 acres (33,736.95 sf). Impact Fee credit is requested for 33,736.95 sfx $8.50/sf= $286,764.07. The estimated ADT from Nelson Meadows Subdivision at the Frontage Road is approximately 1,910 vehicles per day plus an estimated ADT of 20 vehicles per day on Nelson Road north of the subdivision. Nelson Road has a posted speed limit of 45 mph. At that operating speed, a two-lane street can handle between 6,400 and 7,000 vehicles per day and be estimated to function at LOS C. This is shown in Exhibit 16-16 of the Highway Capacity Manual, 6th Edition: A Guide for Multimodal Mobility Analysis (Transportation Research Board, October 2016). This infomiation was presented in our Traffic Impact Study that was submitted to the City of Bozeman in a Preliminary Plat application 12/20/18. As you can see. Nelson Meadows Subdivision would have been well served by a Local two-lane street. The City of Bozeman mandated Nelson Meadows Subdivision to build Nelson Meadows to a Collector standard. The applicant is entitled to a credit for the difference between the land dedication area of a Local street and the increase to a Collector, which was demanded to accommodate future traffic not currently existing or to be generated by the subdivision. #3 - Land: Extension of Prince Lane from the Intersection at Royal Wolf Way to the subdivision property line - aligned with intersection of East Valley Center Spur Road and the Frontage Road (East Valley Spur Connection). This was not a project improvement, was not proposed nor desired by the Developer, and because it does not extend to a connection was not necessary to meet the City ofBozeman requirements for subdivision access. The dedicated right-of-way is 60 feet wide for a length of 600 feet for a total acreage of 36,000 sf. Impact Fee credit is requested for 36,000 sfx $8.50 /sf= $306,000. 701 Gold Avenue, Bozeman, MT 59715 157 BARTIMCO PROPERTIES, LLC Our original Pre-application plan did not include the extension of Prince Lane to the East Valley Spur Connection. See__Exf]jhi{ B,__Mit^2 2 (} 18 project com'epl. Our initial layout, and our stated intent not to connect to the Frontage Road was based upon our concern for traffic safety and this intersection's history of fatal accidents. Our intent not to connect at the East Valley Spur intersection was further supported by conversations with City of Bozeman's Assistant Director of Planning Chris Saunders and MDOT officials prior to and during our Annexation and Zoning process. Attached are the original versions of the Pre-Application Plan (1st Pre-App Plan Park Place 11X17 O51618.pdfand 2nd Pre-App Plan 071918 22x34 rev 2.pdf). See Ex. C. July ]S. 2018. Our original preliminary plat application was submitted without the 600 foot extension of Prince Lane to the Frontage Road and East Valley Center Road Spur Connection. This was designed in concert with City Planning and Engineering staff to develop the street grid network for the project. The original preliminary plat is attached (Original Preliminary PLAT 090418-pdf). [See Ex. D attached hereto] It was months later, during the preliminary plat entitlement process that City Engineering's Shawn Kohtz demanded the extension to connect to the East Valley Center Spur Connection. In response, applicant provided City Engineering with correspondence from both MDT and MRL stating that both entities would be against any connection at the Frontage Road and East Valley Center Spur intersection. Please see the attached letter from Jean Riley, MDT Exhibit E. MDT letter dated 10.n.2018._and email from Joe Racicot, General Counsel for (£^^(^-..M^r-^A-Z^,£.:Z'^'^.^LM-^^t^^^^^ for details. In spite ofMDT and MRL's not wanting the East Valley Spur Connection, City Engineering required Nelson Meadows to extend Prince Lane to potentially connect to the East Valley Center Spur Connection Ex_G_^emcui_W^5^Q18_qndExh^^^^ L'iJ^2Q.18_report Nielsen to Royef-s - see condition of approval 2. As the City knows, MRL owns the approximately 9' strip of land between the Nelson Meadows property line and the MDT easement (for the Frontage Road). Any future street connection would require and easement across the MRL land to allow the development of any connection to the East Valley Center Spur / Frontage Road intersection. The City Engineering required 600' extension of Prince Lane and the dedication of this land is not a project improvement as it serves no purpose for the interior of the subdivision and it was never going to connect to a public road as a subdivision access. Therefore, it qualifies for Impact Fee credit. #4- Construction Costs - Nelson Road required construction as Collector rather than Local Street. This request seeks the costs associated with construction for the additional 15' of roadway, which is the Nelson Meadows portion of the constructed Collector standard. Impact Fee credit requested is $232,065.64. For the same reasons as the applicant is entitled to Impact Fee credit explained in land dedication in #2 above, the applicant is entitled to the cost of construction for the difference between the construct cost of a local street and the increase to a collector, which was demanded to accommodate future traffic not currently existing or generated by the subdivision. It appeared that City Engineering recognized this was eligible for impact fee credit based upon the below note inserted into the September 16, 2019 Impact Fee request provided to the City: 2.20.2020 S. Kohtz denied the request by stating "This request was presented to the Impact Fee Advisory Committee at the November 5, 2019 meeting, and the Committee did not recommend prioritizing Impact Fee Funds for reimbursement 701 Gold Avenue, Bozeman, MT 59715 158 BARTIMCO PROPERTIES, LLC of Nelson Road improvements. This request was also provided to the City Commission on the November 18, 2019 City Commission Meeting. An improvement to Nelson Road was also not prioritized in the City's capital plan. Therefore, no funds are available ". See Koht^l2().20j:';suckY note" response re 3^h"n.McadowsJmi2acLrec.J<ciiyes^ #5 - Construction Costs - Extension of Prince Lane from the Intersection of Royal Wolf Way to the subdivision property line - aligned with intersection of East Valley Center Spur and the Frontage Road (East Valley Center Spur Connection). Impact Fee credit requested is $106,437.50. For the same reasons as the applicant is entitled to Impact Fee credit as explained in land dedication in #3 above, the applicant is entitled to the cost of construction for the street that is not a project improvement, was not required for the subdivision to meet requirements, does not connect to another public road and was not required for access. #6- Water line increased size. The City recommended by the Impact Fee Advisory Committee (IFAC) and the City Commission approved reimbursement for the amount of $339,363. Reportedly, a cash payment will become available after July 1 , 2020, although no reimbursement has been received to date. #7 - Additional costs resulting from the City's upsuing of the water line. The City's recent demand to increase the size of water line from 8" to 16" also resulted in the need to increase the size of the Pressure Reducing Valve ("PRV") and the previously installed tee connection. The costs associated with the increased size of the PRV were $150,425 and the costs associated with excavating, removing and replacing the connecting tee were $7,831.43. Impact Fee credit is requested for a total of $158,256.43. See 07.15.20 Knife River cost summary, altcirhcd hereto. #8- Additional costs required to be paid to Montana Rail Link (MRL). Because the City of Bozeman failed to obtain permit agreements from MRL for the water and sewer line crossings that serve the MDT facility and because the City failed to respond to numerous MRL requests regarding the unpemiitted pipelines, MRL refused to provide Nelson Meadows with similar permits for water and sewer until obtaining the MRL - City pennits. MRL would not grant the Utility Occupancy Permit for Nelson Meadows until and unless Nelson Meadows obtained and submitted the Utility Occupancy Permit for the Montana Department of Transportation facility. The City allowed the Montana Department of Transportation facility to install the 8" water line and the 1.5" sewer force main which serves the Montana Department of Transportation facility in the MRL-owned property without the same condition placed on Nelson Meadows. It seems likely that the City required Nelson Meadows to obtain the Utility Occupancy Permit after failing to require the Montana Department of Transportation facility to do so. However, that previous oversight does not obligate the City ofBozeman for impact fees in this situation. This request is withdrawn. Thank you for your reconsideration of this request. Sincty'eLy, N Mead s lis 701 Gold Avenue, Bozeman, MT 59715 159 From; Tom Rogers To: Matt E. Ekstrom Cc: Kent Merselis; Michael Merselis; Scott Bechtle; "Martina Parrish": Chris Saunders; Martin Matsen Subject: RE: Nelson Meadows Revisions Date: Wednesday, July 25, 2018 1:57:23 PM Attachments: imaaeOOl.pna 18 0719 22x34 rev 2.0df Mr. Ekstrom, Et.al., We have considered the revised plat based on our conversation last Wednesday. These comments do not constitute a formal decision of the governing body, only advisory staff comments based on the information we have. New information, MDT determinations, public comment, and other may influence any decisions. Comments: 1. The City agrees that a road on the north property boundary does not further the needs of the community. However, providing a road easement on the north boundary is supported if provided. 2. Access directly onto Frontage Road furthers numerous City policies and is supported by our block and road configuration standards. However, we are cognizant of the issues related to converting any one of the existing access points from an agricultural use to an industrial use. In addition, MDT has indicated they may not support any further interaction with Valley Center Spur. While we do not believe an access is not possible, integrating the modifications shown on the revised pre-plat allow us support a design without direct access to Frontage Road. 3. Please consider aggregating the smallest lots into slightly larger parcels. We have found over many efforts that industrial lots less than one (1) acre are very difficult to design for any functional use. See lots 11 -13, Block 1, Lots 17 -19, Block 4. 4. Access to the lift station and Lot 3 of Block 5 will be required to a joint access to allow any future development of the lot to meet site plan criteria. You may want to consider an alternative location of the lift station to reduce possible zoning standard challenges during site development. Thank you for your effort and we look forward to working with you to usher the subdivision through the review process. If you have any questions or concern please do not hesitate to contact me. Torn Rogers | Senior Planner i AICP City of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT troaersObozeman.net [ 406.582.2268 EXHIBIT s From: Martina Parrish <martinap@bechtlearchitects.com? 160 Sent: Thursday, July 19, 2018 2:47 PM To: Tom Rogers <TRogers@BOZEMAN.NET> Cc: Kent Merselis <kent.merselis@barnard-inc.com>; Michael Merselis <michael.merselis@barnard- inc.com>; Scott Bechtle <scottb@bechtlearchitects.com>; Matt E. Ekstrom <mekstrom@m-m.net> Subject: Nelson Meadows Revisions Hi Tom- I hope I'm not too late with this drawing. Attached is our revised plan based on our conversations yesterday. We are hoping you can discuss this option with the connectivity to the north at the staff meeting you have. We really appreciate you taking the time to look at this. Please let me know if you have questions. Thank you, Martina Parrish AAIA, LEED Green Associate I • ARCHITECTS 4515 Valley Commons Dr, Ste 201 Bozeman, MT 59718 p. 406.585.4161 City of Bozeman emails are subject to the Right to Know provi5ions of Montana's Constitution (Art. II, Sect. 9) and may be considered a "public record" pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City's record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. 161 IQPENSPACETRACTS AREA SUMMARY : STORM WATCH TRACTS TOTAL:S9^<At.| NELSON MEADOWS PRELIMINARY PLAT SUBDIVISION SITUATED IN THE SE V, SECTION 22 AND THE NE I/< SECTION 27, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. i ^^^a,,., (HCflESt. EDflWECOItBFIll CERTIFICATE OF DEDICATION We. th* undtraign»if (imfrtrty oimws, do hinby c*ni(y lh«l w havt causuj lo b« lunnytil, tubrfMdtd and pdlltd into kXi. titockl. ilmla. and aB«yi. and Wht dMuDdt •nd dtdicallons. *« thown by Uw plil fwBunio Indudid itN (oNwing <fesail»d iftct (X laHf lo nil: Ntlton Mtidowt SutidMilon. baing Trad )CanttTnc(1DofCartillcal>o<Su(V*yNg. 1372 B. hicatKl hi Ih* SE •/. of S*d"»n 21. and Uul portion of lh« Nartfinit quarter of Ih* Notthtul (yiww (NEtWNE<f<)im)ttiaEartHf(o(trwE«tlH»t(o(UiaWauHal(o(UrNortht«itqu*rier(E1/2E1^ Win ME1/4) o( Sotitof 27 lyina Nonti *nd EHt of Uia Builiniun Wanhsni RAilnwf Rlghl-nf-Way, Biceplindth*tpt)(<(onorih*NE1;4NE1/* a(*)tolheMonljn>Dtp«iuiitntofTianipo(U[k>nhyd»»<l DEOICATION AND EASEMENT NOTE County, Monlant: G*l*lin Counly. B .annlng 11 lh» Mort CullftuleofSunatl Sec»on27t(ftil*na Rtllnud: IhtftCB Rlg<i(<(.Wayoflh». No. 2175391 N,tS-0'S9-W. N.6B-31W-W.- R*«nud;lhmc*, R*na*5E*slPrtn6pal City a« I Morthaait Cornar (>( Stclion Z7, dn> belnfl ine Soulht*sl ComT of Tiacl )C ot Sunay No. 1372 a, th* Pnlnt o( aeglnnlng; Vienca S.l '5T26-W. along tha Etlt lit Dopailmtnt o( Tian»pciulnn ButUln »nij Sate Deed Dacuiminl said Righl^f-Way « dlirncs of 0.70 Fwt: Uitf™ f.adnl*wtof81J6r8El:thanceN,S2-»g'31-w.tdiatanao(9a,4S(Mi;(haict Dili fWvMfCounfyR afB.glnnfiig. The iudl ana of th« Noflhtai! RigW-ol-Wty lin* of Uw 9ut11ngl»n Horthwn W. along uu R)B™) Righl-af-Wfyadltlint. of 16)3.49 (HI: ihanc* ; thenc» S.B3-S2'^6-E. • disfnca of 2047.7i 10 Uw Nwlheul altofSuniyNo. 1372 B, alw bm>g (h« Wwt RighKK-Way fn o( ' Eattmtnl: Ifltnct 3.2'00'WW, idiilancaal «12,22 to lh*poln< (facrtbwj tract* of land bting CUCT Ac«<. nw or fan. Th**bw»<totafbu) liado»land it lo b« kniwn ind ifnignaled u '•Nttion MeaAnn SubdhltKin", City of aDUfT>*n,Gall*lln County. Monta(u:»idlhBl«od*lndiKltd In •II tlft«B, twinuai. iBtyt. wil lurti or putiNc landi tftown on uld p<al «m netKiy gianltd and donated W Ih* Oly of Bomnan Iw Ihe pubHi; un •nd enfDym*n1. Untou tptdOetlly Bttu) herein, lh« 1« ndt Inctydtd in •N iU»»u, aorutt, a»«yi.*nd p*rki or public Iwitto ffadlealtd lo Uw publle •n •UBpiod fof puUh; UK. but Itia Ci(y ot Bozmian tcctpd no rwpoiuiMlty fofmilnlilning Tha owner agreo Iha) (h* City of Bouman . slnau. avenuas. ahyi. ind pariii or public I lUibWty fofmilnlilning AREA SUMMARY NELSON MEADOWS PRELIMINARY PLAT SUBDIVISION 1 <s SITUATED IN THE SE V, SECTION 22 AND THE NE i4 SECTION 27, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERD3IAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. SSSS,• TMCn. ,'SS3» I <MOH Wt lltCOlin flIOI ssx.ss, ss.'ss •f- ^ i"Si /- SS-SSS" !|ii ~^£^ ==^|p^——y-.|—y.— s—^ ^T"XS3ff,..- -ss"- list I SiMi ^"s II ^ ar— as "s.--"' .E s ,2S ,.„ ^NfCOUhTf ';,ROM) ^S^EASWENT, €^I1 •a I sl •s",' ^ \ ^ I ,^. L 1-SSSSS'Sun., .lirnniCTRW. Ml- 1 \ ^— » =3 'f^'wswwr B ,. ? ii ss iS ?E; rai !;"'}ii S2 H sw ""K;-^. 's ^ ^ ^ ^ s'" -i4 •».* & -S€^S' U-'l ^ w- ^ 22 -t :€ ^ ? r;!i!ib ^ ^=3Y / LU-^ ^m *. '^ m R ^ .<&. 2S M .tfr s' 3 ^^^^_J ^ ^ •^ &y >',•• ^ •s "SS JE I sl I ^^*" 4jj 9 ^i -. ss ;, "s ^ ^iffir •sssss.'s. r •i-m *ss; '•{ ^~ffl, l-ssr (,'1 ~^1 ,2S It •••sr.E-^. i' sss ^1 c ^' "s ^-ss" •^ ~ •-1 ^ ^,'' li "'€^. ^'"^ '^\ »SS'£SS-^ \f /" - -wo°UH"l'a*c>E*SEME'<T; ! SS =^^7IU1I1J^ ^sasxss^'sr,-' .1 iilll<^ l!| gg ^=tss!-s !;lJI li! li Eym II NELSON CONDITIONS MEADOWS OF APPROVAL SUBDIVISION SHEET SITUATED IN THE SE •4 SECTION 22 AND THB NE /, SECTION 27, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. I pmptrty ihouM enwn Ihal Ihay hitt olKtined *nd mvitwtl M Kiitli d i)w plai and 11 OocuinmU racontHl axijundlon wilh Ihs pt»l *nif buy<n <X propeny *(» tlreng^ enCTiiwed to ainlaet Vm focil (Kanninfl deiurimanl, bewmelnliwndofuiyl ptoperty prioi (o dos(n». teknwlwigat lhtl»i«r* n fttCfl, lUK, and kn) plmt, polici*>, mgulilitNii. <nd(of (ion* o( lutxUui'ikin *ppnn'*l ttwl nuy llftii) th* uu of in* proputy. induding Iha loulitw. «ia. and u». Al Kml righli-otwy conliguou* 19 or wilhin »u pnKn»d (fotopintnl silt nat uiid (iiT slnl cwimiit, cuibi. gullin, ffdnnlte ordrivwayt (u.. ilriai bodavrdi) ih*U b* Iwidsnptd. «* dtfined tn U» BaiBiiun Muniopi! Cod*. includ«oot(l)ITg«anopvln*(B(Btdi50(*»to((o(altlrflfronltg«n)und«d(otrianeatet(ivhol«nufnbT,. lr»*>. 1 City of BoiBtnan ptonling ptfmN lor tlm In** »nd ttblDning iiliily kxalkKii trlw* any ticnalion btgint in Uw City (X Bcnrnan rifhl-of-wiy. Tile lubdmthon l«nd>c*pa pl«nt sh*l COTtain a planting niXa ilMKig lh«t Ui« planing holB 3)u«b» alteul hric*tbe<li«m»lBro( Iha roolbtN. IMtthn rool nara of th* iw»fy planldd lr»a b vlDbto and «i»te gniund, *nit Ihmi ihaUtxt mulch ring T-4'in dtimalar around •ich newly pl»nttdbotil»vaii)t(eB. 2. Uty >l*nd)n) sklewilkl [Indudlng a mntrela; I prtvila rfrtvB wpwhu) thftie coniliucKd >llpuiilic«ndprtv«rilTwlfn>inrph»»o(nl*g«)lh*priot() oiiecuF*[)i;yi>(«(iyttfuaur«on>ndhiiiu«;)oU. Upon lh< thud «nniv*ntiy. p]<l (Bcanlalnn of <n)r ph»» o( lh* tubdmifon, an/lot ewmr uha )ut na< mrnlnicltd Iha nqurid tidtvnllt ihall. wilhout further no8w. conilnid wMiin 30 diyi, (h* sldtw; Ihff ItKft). (egtrdltit of i^wUiw oltiw ImprovwntnU h*v bwn Tlrt FoBtwiing *r» haitliy »nnfd aw) donaltl to lh« proptFty amws aisod*l>on TrtCti, Slonn Www Tracti, and UftSKlBn Tract. Urtau! .*cc«ptti follcwrfng non-pubTit sp*dfiu1y falad In U» CtrtiBcile i LLC huaby (unh«- urtjfy Ua! CofnmBfl Qpm Sc»e» Tr*cti, Dtdfcainn. lh» dty tcnptt no r»>po>u)biilly IBT nwintBinlng Iha san uxilfrtniX*) n» apprwal al lh« tuMiviimn ptolltd hafBwth. h*vt bftcn InsltDcd in mnfonninca with any apptow) ptMt and sf»cmc«U<)ft>p>»pa di(ia«con)3nn»ltnlhe><3nd«nl»orChipOr38ofolhMCilv(ltilgn)<indmls.orh«v*bwnlinanei«y giuranlwd and an csvtfd by Ih* lubdtfliion toipniuuiienlt agnwntnl acaxnpanying and ricoKfiid wKh this I Rn*nd*)|y Gwnnlwd nnlwd [I nipnhwwili: L«n •iHttbfyinlsmmtitHfr Syirra.SMtwaHoand- 1 Infrailniduia anpiavaraBiilt anpiavtraBiilt lu the pmpcny own.B aiudukan cnaled 1 hinhw nrtify Dial tha Ittt and/w gnphla thcwn on th* Condltioni of Approval ifieel mpnwinl* raqureintnlt by Ifr 'mihia body for final pfl approve and Ihal II condilion* 9( lubdMitan ihfeftruiion ihown B cuirmil u ef Iht (fla of th* urtifiution, and i nming ragulaUoni, i lubdMitan tpptotun h«v» beti uttil inatt lo any land usa reattictBni or anu olhar doumtitt* M •Ikwad by liw :0 PROPERTIES. LLC .....nd. Counlyd. Authoriinl RtpmtmrBn irf BAflTlMCO PROPERTIES. LLC and t*nowledaed K> iiw »ul uitt Inc. ,"£;^ .nx u» mminlutoti «iip(ns, •aiM^.Morrison erie^f=^ =^~.'^ s~ [RELOWORK:. I DRAWN BY; ^•(Sti-._ l _sti;liun_ ELjigSOUTH ^ PRINOPAI. MERIGIAW. MONTANA PLOTTED DATE: StMMraOia PI.QTTED BY:^t •flARTlMCO _ super 3 nt 164 N.'ifi » ^^ ^At d»^ I •? Ai: ^ m % y ? m t •i'a (. ^ •is: r.- ^.'t •&• ;i "*i -% f ^"p h ., pg •f: ^ i \'^ 1% m ^ t ?» st .•••• :St w\ ^ f ^ s *«• •«,-t. rf t. •& « ft <•. ¥ ^ It ^•. ^ ^ FTRAI r-7 t, 1 100 ; 1 r^*. •2.76 AC '"«.• ;^ U3T5 3.04 AC IOT6 2.96 AC LOT 3 2.S7AC IOT2 l4-,D 3.33 AC I) r> ^ K 1 .r 's A 3 BLOCK 5 ^ BLO K3 's LOT 1 10.38 AC ^ <n 'T / •t t^... <k-. ,tf* T) •k^^ --^— ><t< •%? 5BW .'".k 'A ne""-: ••; M 1 (ft! •"•^ / .<••• -w ^' 'X '.... fr. LOT 17 L-—,nu ~ —r" • IOT7 /~< ?^ LOO AC /•lOT 16 1.23 AC ^j .95 AC tl ions 2.27 AC ^ •i*t I *, I ^^ •- - . <8Wr0719t|yision ^ —"'^.~ —. // 's ;j r<"»^ < t ft ^ \ \ "'fe. t. 1' .?. I • Si ,/ ^ s L i k •^ •»1 '». <' ~< "-"m ^ LOOP TRAIL <M s s m ~,a BLOCK 5 BLOCK 5 i LOCK 3 BLOCKS BLOCKS < ® ,l:; LOT 2 LOT 3 ^ y/ LOT 4 LOTS IOT6 I !l;li 2.94 AC 2.60 AC y s -^ 2.96 AC 3.05 AC 2.95 AC BLOCK 6 6.LOT 13 AC 1 \.;n 2 I It BLOCK 6 ', li BLO K5 ^ BLO|4l<3 fj iSfi -11 t ® ;'. ^ u - —ljK9l£iQAD^Z~~^~~^-^_J_^ i J^T I '^ BLOCK 2 LOT? ^J BLOCK 7 IOT27 4.91 AC BLOCK-4 Jk LOT 16 BLOCK 2 5 LOT 15 ^ t 2.09 AC X BLOCK 2 IOT8 1.21 AC BLOCK ^ LOT 17 .93 AC •\u. ^ > ^s fl s ,^^ 2.30 AC T, BLOCK 2 1.24 AC LOTS "^-.. %' f-. ^ LOT 18 j % .85 AC ^^.\^ BLOCK 7 ' '< IIOCK^ • •I ^ LOT 19 g] VBLa?£K 2 ?i lo-Clo /3i 2.08 AC. t-i ..»u. IOTZ6 '^ I ^., BLOCK 2 LOT 14 :1AC ? f •*<* N. •^. ^ 5.01AC •^ N^: 2.08 A tMU ^ *'.. *•-, ^ ••>^ '? i". 1.30 AC MDT^r Montana Depqrtmen/^ofTrc^nsportoihion "^^ 'T^csre^^A-^^ P08cx20!()0i He!emWrS9620-!OOi ^c'-'ae! T. Toaley Director ~J:e^TQ:':lir,ck~~G^ve:'no! October 11,2018 Kent Merselis Barnard Inc. 701 Gold Avenue Bozeman,MT59715 Subject: Park Place Industrial - Frontage Road fP-205) RP 25.452 to 25.924 Traffic Impact Study - Comments Dear Mr. Merselis, The Montana Department of Transportation staff has reviewed the Traffic Impact Study (TIS) concerning the for the Park Place Industrial Development that parallels the Frontage Road (P-205) from Reference Post (RP) 25.452 to 25.924. The MDT staff has the following comments: The development as no requested any approaches onto P-205. This is consistent with requirements of ARM 18.7.102. The Park Place Industrial Development does not abut the MDT right-of-way, any approach onto P-205 would have to be issued to the Railroad. MDT concurs with the closure of the approach onto P-205 at Valley Center Spur Road and routing the development traffic onto Nelson Road. This provides for better safety and operations at the improved Valley Spur/P-205 intersection. Based on the volumes shown in the TIS it is unclear if traffic signal control will be warranted with this development. Please have your consultant review the warrants for traffic signal control and ifwan-anted (and MDT concurs), then traffic control should be provided at the intersection of Nelson Road/P-205. It appears the site drains entirely away from P-205 and away from the MDT Area Offices on Nelson Road. If the drainage pattern does not change with the proposed development, no additional requirements are necessary. However, if the drainage is redirected at all toward the frontage road or the MDT Area Offices the plan must include stormwater retention. If there are any changes in the proposed Park Place Industrial Development, a new TIS may be required. Planning & Policy Analysis Bureau Phone: 14061 444-3423 Fax: 1406J 444-7671 An Equal Opportunity Eir'ploye'; Roi'f, Transit and Planning Division TTY: 18001 335-7592 Web Page: www.mdt.mt.gov 167 If you have any questions concerning these comments, please contact me at (406) 444- 9456 or email atjriley@mt.gov. Sincerely, ^ /^~ Jean A. Riley, P.E. Transportation Planning Engineer Policy, Program & Performance Analysis Bureau Copies: Jeff Ebert, P.E. - Butte District Administrator Duane Liebel, P.E. - Butte District Engineering Section Supervisor Kyle Demars - Bozeman AreaMaintenance Chief Tom Eastwood, P.E. - Morrison Maierle Shawn Kohtz, P.E. Bozeman Acting Public Works Director File 168 Kent Merselis From: Sent: To: Subject: Joe Racicot Tuesday, May 21, 2019 5:19 PM kent.merselis@barnard-inc.com RE: Nelson Meadows - Montana Rait Link Kent - It was good to speak with you today. I can confirm that Montana Rail Link ("MRL") has no intent on granting an easement to the City of Bozeman for purposes of creating access to the Nelson Meadows subdivision. MRL has worked in conjunction with the Montana Department of Transportation ("MOOT") regarding MDOT's current plans to upgrade the Valley Center Road-Frontage Road intersection. As part of that process, MRL expressed its concerns about the safety risks associated with adding a fourth "leg" to the intersection and is not in favor of such a design. At no time has MRL agreed to grant an easement to the City of Bozeman for purposes of accessing the Nelson Meadows subdivision via the Frontage Road at the intersection of Valley Center Road. If you need additional information, please do not hesitate to contact me. Sincerely, Joseph M. Racicot . ??ni!!'.';.,i C-.'si.,ii.w; ,.;!',<1' Ci'; A':!;;i>>';i;-tf'Ai:;"'" O'i?!i;ni' www.tnontanjirailcom I 1 169 •• Morrj?on !—.Ma!erle,,,. TO: FROM: DATE: Memo JOB NO. RE: ec: Chris Saunders Matt Ekstrom September 16, 2019 2286.009 Nelson Meadows Subdivision - Impact Fee Credits Kent Merselis, Susan Swimley >EP DUrgent ^JFor Review QPIease Comment DPIease Reply I For Your Use This memorandum continues our initial communication of April 22, 2019 wherein we discussed the process of applying for City Impact Fee credits as a means of reimbursement for those costs incurred in providing the City with increased land contributions and over-standard improvements above and beyond that required by code compliance. In August our contractor, Knife River, presented us with the Change Order that summarized the cost for each over-standard improvement items which provided us with the supporting cost information for this application. The value of the land is based upon a less-than-average summary of comparable lot sales that have aiready been place in escrow. The attached information is our Impact Fee Credit Application for the Nelson Meadows Subdivision (COB review #18458). Per your email request (see attached email from 9/6/19) we have prepared the following information: 1) LAND: The 30' dedicated Right-of-Way (ROW) on the north boundary of the property. This is preliminary plat condition of approval #36 (see attached conditions of approval). The area contained in this dedication is 1.41 acres (61,420 SF) (30' wide by 2047.78' long). See the attached highlighted section on the Plat located in Appendix A for details. The cost for this ROW is ($8.50 / SF x 61,420 SF) = $522,066.00. The $8.5 / SF is the going price for land in the Nelson Meadows Subdivision. 2) LAND: Nelson Road was built to a Collector road standard per the COB Transportation Plan. The Nelson Meadows Subdivision traffic generation would only dictate that Nelson Road be buiit to a Local road standard. The Collector road standard requires a 90' ROW compared to 60' ROW for the Local road standard. Therefore the difference in ROW width on the Nelson Meadows Subdivision property is 15'. The area contained in this dedication is 0.774 acres (33,715 SF) (15' wide by 2249.13' long). See the attached highlighted Page 1 170 •• Morri?on Nelson Meadows Subdivision - Impact Fee Credits section on the Plat located in Appendix A for details. The cost for this ROW is ($8.50 / SF x 33,715 SF)= $286,581.00 3) LAND: The extension of Prince Lane from the intersection of Royal Wolf Way to the Frontage Road ROW. This ROW contains 0.826 acres f36,OOOSFl(60' wide by 600' long), See the attached highlighted section on the Plat located in Appendix A for details. The cost for this ROW is ($8.50 / SF x 36,000 SF) = $306,000.00 4) STREET: As was stated above, Nelson Road was built to a Collector road standard per the COB Transportation Plan. Located in Appendix B is the cost difference between building a Local road vs a Collector road. This cost difference is based on Knife River's (general contractor on the Nelson Meadows project) bid dated March 15th, 2019 (bid tabs are in Appendix B). Also located in Appendix B are the road plans for Nelson Road. The cost difference = $232,065.64 (this includes the extra road width, striping, signage, and storm drain). 5) STREET: The extension of Prince Lane from the intersection of Royal Wolf Way to the Frontage Road ROW. The cost of this road extension is included in Appendix C. Also located in Appendix C are the road plans for Prince Lane. The estimated cost to construct this portion of Prince Lane = $106,437.50 6) WATER: A 16" water main was requested by the COB to run through the Nelson Meadows Subdivision. The cost difference between a 16" main and an 8" main (which is what the Nelson Meadows Subdivision project would require) is located in Appendix D. The estimated cost to oversize the water main to 16" =$339,363.00. The 16" water plan sheets are also located in Appendix D. 7) MONTANA RAIL LINK PERMITTING: In our negotiations with Montana Raii Link (MRL) to secure Utility Occupancy Permits for Nelson Meadows project, it became apparent that the existing 8" water main and the 1.5" sewer force main serving the MDT facility on Nelson Road were never permitted through MRL. in order to get approvals on the Nelson Meadow permits MRL required us submit the after the fact Utility Occupancy Permits for the MDT utilities. The cost for submitting these permits = $3,431.00 ($1200 of this total is for permit fees to MRL). The permits are attached in Appendix E. Chris, we sincerely appreciate your assistance with our appiication process and look forward to completing the application over the next few weeks. Please do not hesitate to contact us should you require additional information. N:\2286\009\04 DssignWgency SLibmittal\COB\Tech Memo to Chris Saunders - Impact Fee Credit 090819.docx Page 2 171 .—.^r'L. TO: FROM: DATE: Memo JOB NO. RE: ec: Chris Saunders Matt Ekstrom September 16, 2019 2286.009 Nelson Meadows Subdivision - Impact Fee Credits Kent MerseJis, Susan Swimiey f !':u--' ' ^:!SFP!72TO ,•• '••;;.. ' '.. DU^gent ^For Review DPiease Comment DPIeasc Reply IFor Your Use This memorandum continues our initia! communication of April 22, 2019 wherein we discussed the process of applying for City Impact Fee credits as a means of relmbursemenl for those costs incurred in providing the City with increased land contributions and over-standard fnriprovements above and beyond that required by code compiiance. in Augusi our contractor, Knife River, presented us with the Change Order that summan'zed the cost for each over-standard improvement items which provided us with the supporting cost informatron for this application. The vaiue of the (and is based upon a iess-than-average summary of comparable lot saies that have aiready been piace in escrow. The attached tniformat'on is our impact Fee Credit Appiication for the Nelson Meadows Subdivision (COB review •#18458). Per your email request (see attached emaii from 9/6/1,9) we have prepared the foltowing information: 1) LAND: The 30' dedicated Right-of-Way (ROW) on the north boundary of the property. ^Q(g y plat condition of approval #36 (see attached conditions of approval). ( skohtZ 2 20<2020 11 52 AM g^ jn this dedication is 1.41 acres (61,420 SF) (30' wide by 2047.78' Land reimbursement. is not eligible for impact fee ^^^ highi'ghteci section on the Piat located in Appendix A for detaiis. . ,,C .^01 ,UI HH& ROW JS ($8.50 / SF x 61 ,420 SF) = $522,066.00. The $8.5 / SF is the going price for iand in the Nelson Meadows Subdivision. 2) LAi^^) Nelson Road was buiit to a Coiiector road standard per the COB Trarssportaiion ^Q(g m Meadows Subdivision traffic generation would only dictate that Nelson 7. skoht; 2,20-2020 ! t 52 AM g Lgcai road standard. The Coltector road standard requires a 90' ROW Land fee reimbursement. is not siigibie for impact pg^y ^ .^g Locai road standard. Therefore the difference in ROW width » ti tw »T^-t-,^«.fr -t ,, ,,,eadows SubdJvision property is 15'. The area contained in this dedication is 0.774 acres (33,715 SF)_(15' wide by 2249.13' long). See the attached highlighted Page 1 172 •ii M°.i'rE?on Nelson Meadows Subdivision - impact Fee Credits section on the Piat located in Appendix A for details. The cost for this ROW is ($8.50 /' SF x33,715SF)=$286,581.00 3) LAi^-, The sy>tension of Prince Lane from the intersection of Royal Wolf Way to the FroAro^e Road ROW. This ROW contains 0.826 acres i36.000SF).(60; wide fcy 600; Song). See the attached highSighted section on the Plat located in Appendix A for detaiis. The cost for this ROW is ($8.50 / SF x 36,000 SF) = $306,000.00 4) STREET: As was stated above, Neiscn Road was built - irip ^ Sticky Note tOB Transportation Plan. Located in Appendix E L/ skohtz 2/20/2020 12:07 PM building a Local Foad vs a Collector road. This cost diff This request was presented to the impact Fee Advisory Committee at (general contractor on the Nelson Meadows project) bid the November 5, 2019 meeting, are in Appends B). Aiso iocated in Appendix B are the; ^^.£S^^F?S?£2m~ cost: difference = $232,065.64 (this includes the extra r f?[«:idsrorreimbu7setTtenf oTNei- son Road improvements. This re- storm, drain).. quest, was also provided to the City 5) STREET; The exte.nsion of Prince Lane from the inters Commjssion on the Noveniber 18, ' —l ... _.^ 2019 City Commission Meeting. ^:. Sticky Note w- The cost of this road extension An imprQveme.nt to Nelson Road Loca^treetsarenotel^bie for im- et^ne =$106,437.50 ^ ^'SSe fo^sSi^t. pact fee reimbursement. -/ :.....—.... . - ..-.jr main was requested by the COB to Sticky Note ^ skohtz Su@Ision, The cost difference between a 16" main and 2/20/202012:06PM Th.'s request was presented to the Netson Meadows Subdivision project would require) is impact Fee Advisory Committee estimated cost to. Qversize the water main to 16° = $339,36:- on November 5, 201.9. The Com- mittee fop.varded a recommenda- are also (ocated m Appendix D. tion tosupporijNs'requesftajEe 7) MONTANA RAIL LINK PERMJTmG: In our negote.ions ^E^S:,,^y,S- occupancy Permits for Nelson Meadows p and this item was inciuded in the •^Sticky Note .'.'...._.. . . ' City's fiscal year 2021 capital im- "7 skohtz 2/20/2020 12'06 PM ter main and the 1,5" sewerforce main ser provement plan. Reimbursement Not eligible for impact fee reim- permitted through MRL. In order to get ap ofwate'Lma!r'.OTSJZm9, WJ'!J3e<: available on the first day of the fis- . we<5 us submit the after the fact Utility 0 cat year 2021 (Juiy 1 , 2020). utOities, The co.st for submitting these permits = $3,431.00 fees to MRL). The permits are attached in Appendix E. Chris, we sincerely appreciate your assistance with our application process and look fon-vard to completing the application over the next few weeks. Please do not hesitate to contact us should you require additional information. N:^2S6\OOg'i04 DesignVtgency Submittal\C08\T°ch Memo ro Chris Saunder.s - Impact Fee Credit O906'!9.docx Page 2 173 TO: JEFF MIHELICH, CITY MANAGER FROM: CHRIS SAUNDERS, COMMUNITY DEVELOPMENT MANAGER RE: NELSON MEADOW REQUEST FOR CAPITAL IMPROVEMENT PROGRAM LISTING AND POTENTIAL IMPACT FEE CREDIT REQUEST, IFCR-2001 DATE: DECEMBER 8, 2020 Chapter 2, Article 6, Division 9, BMC authorizes the City to conduct an impact fee program consistent with the authorization in state law. The intent of the program is set forth in 2.06.1610. The program includes mechanisms for impact fee credits. The City received a request from the Nelson Meadows Subdivision project for certain items to be included on the Capital Improvement Program (CIP). This is a necessary step for later consideration of impact fee credits. The broad elements to this request are land dedication and contribution to construction costs. Some specific elements were supported and included on the CIP; others were not. The applicant has requested to discuss with the City Manager the decision of Staff to include certain items and not others. In reviewing requests for listing on the CIP, the Staff considers 1) whether the requested listing meets requirements for impact fee funding or is barred for some reason, and 2) the overall community priorities infrastructure funding including use of impact fees. As a limited resource, the impact fee funds are not enough to meet all requests. The following information presents Staff’s evaluation for the decision to include or not include the requested items on the CIP. DECISION AND OUTCOME: The City Manager is to consider the applicant’s request and Staff’s evaluation and then determine whether or not to suggest to the City Commission revisions to the impact fee CIP. No decision is required during the initial meeting. The City Manager’s decision will be communicated to the applicant in writing. The decision of the City Manager is subject to appeal to the City Commission. BACKGROUND: Requirements for Impact Fee Credits The City’s impact fee program is established in Chapter 2, Article 6, Division 9 of the Bozeman Municipal Code. This local ordinance implements impact fees under the authorizing statute of Title 7, Chapter 6, Part 16 of the Montana Code Annotated. A mechanism for impact fee credits is required under state law and is implemented under Section 2.06.1690, BMC. The municipal code assigns responsibility for administration of the impact fee program to the Director of Community Development who has delegated the daily operations to me, Chris Saunders. I coordinate with other professional staff in evaluation of credit requests. The Finance Department, Public Works, and Fire 174 Departments prepare the annual CIP. State law requires the City Commission to receive an annual recommendation on the draft CIP for impact fee funds from the Impact Fee Advisory Committee (IFAC). The IFAC is an advisory board appointed by the City Commission and authorized under City Commission Resolution 3840. To qualify for an impact fee credit, a proposed infrastructure construction project must meet the following five criteria described below. These criteria are set in 2.06.1690.B, BMC. If the criteria are not met then the project is not approved. Criteria 1 and 2 are adopted to ensure correct use of impact fees per state law, and Criteria 3-5 are to help ensure that the impact fee program can operate smoothly and effectively. All of the criteria must be satisfied. Credit requests may be approved by the City Manager under defined circumstances and otherwise goes to the City Commission. Criteria 1) Capacity Expanding (beyond project related). Impact fees solely exist to create more infrastructure capacity to serve new development. This criteria ensures that a project is not maintenance or other ineligible activity. The measure of capacity expansion varies by infrastructure type. This is not a locally generated or flexible criteria. Criteria 2) Not Project Related. This criterion separates the capacity expanding improvements which are necessary for the minimum service to the installing development from those which expand capacity in the overall infrastructure systems. Compliance with minimum standards are included in the definition of “project related” improvements. Examples of project related improvements include local streets and minimum, 8-inch diameter water and sanitary sewer mains. This is not a locally generated or flexible criterion. A local definition of Project Related is established in Section 2.06.1630.A.14, BMC. State law (7-6-1601 MCA) defines impact fee. The exclusion in 5(b)(iv) is helpful in understanding the City’s definition of Project-related improvements and the exclusion for project related work: (5) (a) "Impact fee" means any charge imposed upon development by a governmental entity as part of the development approval process to fund the additional service capacity required by the development from which it is collected. An impact fee may include a fee for the administration of the impact fee not to exceed 5% of the total impact fee collected. (b) The term does not include: (i) a charge or fee to pay for administration, plan review, or inspection costs associated with a permit required for development; (ii) a connection charge; (iii) any other fee authorized by law, including but not limited to user fees, special improvement district assessments, fees authorized under Title 7 for county, municipal, and consolidated government sewer and water districts and systems, and costs of ongoing maintenance; or (iv) onsite or offsite improvements necessary for new development to meet the safety, level of service, and other minimum development standards that have been adopted by the governmental entity. 175 Criteria 3) CIP Listed. The City prepares a Capital Improvement Program (CIP) to schedule the construction of infrastructure. The CIP provides a means to describe future work and its sequencing that can be available both to staff and the public. The CIP coordinates multiple funding sources, including impact fees, to support construction of major projects. The CIP contains a subset of the possible capacity expanding projects described in the facility plans. As a rolling five year document, the CIP provides a near term understanding of expected expansion work. Criterion 4) CIP Funded. The impact fee CIP lists funding for capacity expanding projects over the next five years. CIP listed costs are estimates based on preliminary designs. Some variability between estimated and actual costs are expected. However, should the variation be too great an amendment to the CIP may be required or the City’s maximum contribution to a specific project may be limited to the amount specified in the CIP. Criterion 5) Timely Request (before construction or dedication). The City Commission has stewardship for the paid impact fee funds and the City’s infrastructure. To enable the Commission to act deliberately in establishing the impact fee work program, the provisions of Chapter 2, Article 6, Division 9, BMC include a requirement that prior to undertaking work for which impact fee credits are sought an applicant must first get approval for impact fee credits. This enables the City to manage the financial commitments of the City and the overall health of the impact fee program without unexpected surprises and funding commitments which interfere with high priority projects. For construction related costs, the date of the pre-construction meeting with Engineering is the initiation of construction. The impact fee program is required to keep a positive projected fund balance at the end of the five year time horizon of the CIP. The time limit for submittal is prior to a preconstruction conference with the City or commencement of construction, whichever is earlier. An informal request for impact fee credits and CIP listing was submitted as part of the Nelson Meadows development. The required formal application form has not yet been submitted. The City and applicant had several rounds of correspondence. This memo is the latest stage in the evaluation and formally makes a determination of eligibility. The applicant has requested City Manager evaluation of the request as the City Manager is authorized to grant some credits; and oversees final presentation of the Capital Improvement Program to the City Commission. Addition to the CIP is required for several of the requested items in order to be eligible. PROJECT ANALYSIS OF INDIVIDUAL COMPONENTS OF THE REQUEST IN THE ORDER PRESENTED BY APPLICANT. 1) Right of Way dedication (north side of subdivision, not a named street) Criteria Not Met. Criteria 1) Capacity Expanding (beyond project related). 176 Capacity expanding, improvement, project related improvement, and transportation system are defined in 2.06.1630. For convenience of reference they are presented here. They are not repeated with each portion of this memo. "Capacity expanding capital improvements" means improvements that increase the functional capacity of the city's water system, wastewater system, fire protection and emergency medical service system, or transportation system. This term may include capital improvements that if constructed in advance of development may meet the definition of "project related improvements" when development of adjacent property occurs. "Improvement" means planning, land acquisition, engineering design, construction inspection, on-site construction, off-site construction, equipment purchases, and financing costs associated with new or expanded facilities, buildings, and equipment that expand the capacity of a facility or service system and that have an average useful life of at least ten years. The term "improvement" does not include maintenance, operations, or improvements that do not expand capacity. "Project-related improvements" means site-related improvements including, without limitation, all access streets adjacent to the proposed development or leading only to the proposed development and not included on the transportation system; all streets and driveways within the development; all acceleration, deceleration, right, or left turn lanes leading to any streets and driveways within the development; all traffic control devices for streets and driveways within the development; all water lines or facilities adjacent to, leading to, or located within the development and serving only the development; all wastewater lines or facilities adjacent to, leading to, or located within and serving only the development; and all off-site improvements necessary for the safety and code compliance of a development. Credit for incidental improvements shall not be allowed. The presumption shall be made that the minimum improvement needed to serve a project shall be deemed to be a project improvement even if additional capacity is thereby created that may be potentially used by other developments presently or in the future. "Transportation system" means existing or planned collectors or arterial roads of three lanes or more and, which are either included on the most current long range transportation plan or the city's impact fee capital improvement program. The transportation system includes bicycle and pedestrian facilities appurtenant to such roads. Dedication of land can be capacity expanding if it enables construction of wider streets to carry more traffic on the Transportation System as defined in municipal code. However, this segment of the credit request is for right of way for a local street. Local (access) streets are included in the definition of project related improvements and not part of the Transportation System. Therefore, this criterion is not met. 177 Criteria 2) Not Project Related. "Project-related improvements" means site-related improvements including, without limitation, all access streets adjacent to the proposed development or leading only to the proposed development and not included on the transportation system; … As noted in the latest correspondence from the applicant, the subject right of way is adjacent to their property and leads only from Nelson Road to the western edge of the Nelson Meadows subdivision and is unlikely to extend further due to an existing cemetery to the west. It may form the southern half of a future roadway that will serve the property to the north when that property dedicates its half of the street. As an adjacent local street it is not part of the transportation system and is a project related improvement. Therefore, this criterion is not met. Criteria 3) CIP Listed. The Capital Improvement Program (CIP) lists capital projects the City intends to undertake over the next five years with associated funding. The City updates this document every year. Impact fees are allocated through the CIP to individual projects. To be included, a project must qualify for expenditure of impact fees. As noted above, the subject right of way is not part of the Transportation System. All street impact fees must be used only on the Transportation System. The right of way dedication is not included in the CIP. This criterion is not met. Criterion 4) CIP Funded. As noted on Criterion 3, the right of way dedication for local streets is not included on the CIP, therefore it is not CIP funded and the criterion is not met. Criterion 5) Timely Request (before construction or dedication). The request for impact fee payment was received before dedication through the final plat. The final plat was recorded on October 19, 2020. 2) Nelson Road – land dedication Criteria Not Met Criteria 1) Capacity Expanding (beyond project related). The City can expend impact fees to purchase right of way for the expansion of the Transportation System for areas off the project site. Nelson Road is a collector street and is therefore part of the Transportation System. The minimum street right of way width is 60 feet for all local City streets, 90 feet (or 45 feet from centerline) for collector streets, 110 feet (or 55 feet from centerline) for minor arterial streets, and 120 feet (or 60 feet from centerline) for principle arterial streets and is included in the minimum project related improvements and excluded from capacity expansion consideration. The local share of right of way dedication is no more than 60-feet per side for a collector or arterial street, which is equal to a local street right of way dedication. 178 A Street and Utility easement for the same street length and width as that dedicated with the subdivision was provided as part of the annexation of this property. The easement was required per the City’s annexation policy and determination of mutual benefit to complete the annexation. The City Commission accepted the easement on June 11, 2018. The easement was recorded on June 12, 2018 as document 2616298. The easement is noted on the final plat, Document 2704913. The City Attorney has indicated that even lands dedicated to the City via plat are essentially easements. If the City abandons the street the land reverts back to adjacent Owners. Therefore, there does not appear to be any capacity expansion relating to the dedication of the street compared to the provision of the easement and this criterion is not met. Criteria 2) Not Project Related. A Street and Utility easement for the same area was required as part of the annexation per the City’s annexation policy and mutual benefit determination to complete the annexation. The City Commission accepted the easement on June 11, 2018. The easement was recorded on June 12, 2018 as document 2616298. The easement is noted on the final plat, Document 2704913. The City Attorney has indicated that even lands dedicated to the City via plat are essentially easements. In the event the City abandons the street the land reverts back to the adjacent owner. Dedication of the right of way lowers the tax responsibility of the property owner but does not increase the capacity of the Transportation System. Therefore, the right of way dedication falls within the incidental improvement component of the Project Related Improvements definition. Criteria 3) CIP Listed. A generic listing for right of way acquisition is included in each Street Impact Fee CIP as SIF001. This is to be used on an as needed basis to support right of way acquisition for collector and arterial street projects included in the City’s 5-year street impact fee capital improvements plan (CIP). Nelson Road is not on the City’s 5-year CIP. Criterion 4) CIP Funded. A generic listing for right of way acquisition is included in each Street Impact Fee CIP as SIF001. This is to be used on an as needed basis as qualifying opportunities are identified and listed on the CIP. Criterion 5) Timely Request (before construction or dedication). The request (but not the formal application) for impact fee payment was received before dedication through the final plat. The final plat was recorded on October 19, 2020. 3) Prince Lane – Land dedication Criteria Not Met Criteria 1) Capacity Expanding (beyond project related). 179 Prince Lane is a local street and is therefore not part of the Transportation System. As it is not part of the Transportation System it cannot be capacity expanding for the purpose of impact fees. See the definition of project-related improvements above. Therefore, this criterion is not met. Criteria 2) Not Project Related. All local streets are project related improvements for the purposes of impact fees. See the definition of project-related improvement above. Therefore, this criterion is not met. Criteria 3) CIP Listed. Since local streets are not part of the impact fee program improvements to Prince Lane were not listed. Therefore, this criterion is not met. Criterion 4) CIP Funded. Since local streets are not part of the impact fee program improvements to Prince Lane were not funded. Therefore, this criterion is not met. Criterion 5) Timely Request (before construction or dedication). The request for impact fee payment was received before dedication through the final plat. The final plat was recorded on October 19, 2020. 4) Nelson Road – construction cost Criteria Not Met Criteria 1) Capacity Expanding (beyond project related). Nelson Road is a collector street. It did construct a wider road cross section than the local street standard. Capacity was expanded above and beyond the minimum or incidental level. Criteria 2) Not Project Related. The City requires subdivisions to construct streets to adopted City standards. The minimum right of way is 60 feet wide and has variable cross sections of paving depending on the nature of the street. Nelson Road was paved at a County standard prior to the subdivision. The Nelson Meadows subdivision widened the road to a City standard for a collector. That portion of the widening which is a difference between a local street and a collector street can be in excess of project related construction. Elements such as sidewalks and curbing which are the same for both local and collector streets remain as project related costs excluded from impact fees. Criteria 3) CIP Listed. The applicant requested this work to be included on the CIP in fall of 2019. The Staff, Impact Fee Advisory Commission, and City Commission determined that there were other higher community priorities for the Transportation Impact Fee funding. Therefore, the Nelson Road construction was not included on the CIP. Therefore, this criteria is not met. Criterion 4) CIP Funded. 180 The applicant requested this work to be included on the CIP. The Staff, Impact Fee Advisory Commission, and City Commission determined that there were other higher community priorities for the Transportation Impact Fee funding. Therefore, the Nelson Road construction was not included on the CIP. Therefore, this criteria is not met. Criterion 5) Timely Request (before construction or dedication). The request for impact fee funding was initially discussed per correspondence on April 22, 2019. The informal written request was received on September 16, 2019. The preconstruction meeting, the limiting date for construction related requests, was held on June 28, 2019. 5) Prince Lane – construction costs Criteria Not Met Criteria 1) Capacity Expanding (beyond project related). Prince Lane is a local street and is therefore not part of the Transportation System as defined for impact fees. As it is not part of the Transportation System it cannot be capacity expanding for the purpose of impact fees. See the definition of project-related improvements above. Therefore, this criterion is not met. Criteria 2) Not Project Related. All local streets are project related improvements for the purposes of impact fees. See the definition of project-related improvement above. Therefore, this criterion is not met. Criteria 3) CIP Listed. Since local streets are not part of the impact fee program improvements to Prince Lane were not listed. Therefore, this criterion is not met. Criterion 4) CIP Funded. Since local streets are not part of the impact fee program improvements to Prince Lane were not funded. Therefore, this criterion is not met. Criterion 5) Timely Request (before construction or dedication). The request for impact fee funding was initially discussed per correspondence on April 22, 2019. The informal written request was received on September 16, 2019. The preconstruction meeting, the limiting date for construction related requests, was held on June 28, 2019. 6) Water line – size increase Criteria Met (Already paid) Criteria 1) Capacity Expanding (beyond project related). The 16 inch water main to be installed is larger than the standard 8 inch minimum diameter pipe. Applicable costs for possible reimbursement are only those for installation of the additional capacity. 181 Criteria 2) Not Project Related. The Nelson Meadows subdivision installed multiple water mains internal and external to provide the required minimum water service. A portion of the water mains installed is larger than the minimum 8 inch diameter required for compliance with City development standards. The portion of the costs in excess of those associated with the minimum compliance may be considered for reimbursement. Criteria 3) CIP Listed. The Nelson Meadows water main oversizing is project WIF53 in the FY2021-2025 CIP Criterion 4) CIP Funded. The Nelson Meadows water main oversizing is project WIF53 in the FY2021-2025 CIP. It is listed for construction in FY 2021. Criterion 5) Timely Request (before construction or dedication). Request was timely submitted. 7) Pressure Reducing Valve – size increase Criteria compliance pending Criteria 1) Capacity Expanding (beyond project related). The 12-inch pressure reducing valve (PRV) is larger than the standard 8-inch minimum size pressure reducing valve required to serve the development. Need for the PRV oversize was identified after the initial water main review. Applicable costs for possible reimbursement are only those for installation of the additional capacity. Criteria 2) Not Project Related. The Nelson Meadows subdivision installed external PRV to provide the required minimum water service. The PRV installed is larger than the minimum 8 inch PRV size required for compliance with City development standards. The PRV oversize is part of that overall project and is sized larger than the minimum required. The portion of the costs in excess of those associated with the minimum compliance may be considered for reimbursement. Criteria 3) CIP Listed. The Nelson Meadows PRV oversizing is project is proposed as WIF54 in the FY2022-2026 CIP. The PRV oversize is included with this year’s staff recommended, and IFAC recommended CIP as project WIF54 which was presented to the City Commission on November 24th . City Commission has not yet acted to adopt the CIP. Should they accept the CIP to include this item then the PRV will be CIP listed. Criterion 4) CIP Funded. The PRV oversize is included with this year’s staff recommended CIP as project WIF54 which was presented to the City Commission on November 24th . City Commission has not 182 yet acted to adopt the CIP. Should they accept the CIP to include this item then the PRV will be CIP listed with an amount of $155,000. Criterion 5) Timely Request (before construction or dedication). The request for impact fee funding was initially discussed per correspondence on April 22, 2019. The informal written request was received on September 16, 2019. The preconstruction meeting, the limiting date for construction related requests, was held on June 28, 2019. Credit Types If a credit is requested and meets the adopted criteria, Section 2.06.1690.G provides for three different means to award a credit. The three options are described in the ordinance: “Upon receipt of such a written request, the city may, at its discretion: 1. Arrange for the reimbursement of such excess credit from the impact fee fund for the same type of service or facility from development impact fees paid by others; 2. Arrange for the reimbursement of such excess credit through the issuance of a promissory note payable in not more than ten years and bearing interest equal to the interest rate paid by the city for its long-term debt; or 3. Reject the request for cash and provide credit. Such excess credit shall be valued at 100 percent of actual developer costs for the excess improvements, or at the actual appraised value of such excess improvements, at the city's option. The choice of which credit mechanism to use is at the discretion of the City. Option 1 provides the simplest and most expeditious processing of the request. Staff supports use of Option 1 where viable as it is minimizes administrative effort and costs in paying the credit. 183 184 185 186 187 188 189 190 191 engineers surveyors planners scientists Morrison Maierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net I, Jon C. Wilkinson, Montana Professional Land Surveyor License No. 16411LS, hereby certify that the Preliminary Plat of Catron Crossing Subdivision was surveyed under my supervision between November 2017 and September 2018, and platted the same as shown on the accompanying plat and as described in accordance with the provisions of the Montana Subdivision and Platting Act, §76-3-101 through §76-3-625, M.C.A., and the Bozeman Unified Development Ordinance. I further certify that monuments which have not been set by the filing date of this instrument will be set by July 1, 2019, due to public improvements construction pursuant to 24.183.1101(1)(d) A.R.M. Dated this___________day of_________________, 2018. ________________________________________________________ Jon C. Wilkinson, PLS, CFedS MT Reg. #16411LS Morrison-Maierle, Inc. CERTIFICATE OF SURVEYOR I, Charlotte Mills, Clerk and Recorder of Gallatin County, Montana, do hereby certify that the foregoing instrument was filed in my office at _______ o'clock, __________(a.m., or p.m.), this _________ day of ______________, 2018, and recorded in Book ______ of Plats on page __________, and Document # ____________________, Records of the Clerk and Recorder, Gallatin County, Montana. Dated this __________ day of ____________________, 2018. ________________________________________ Charlotte Mills Clerk and Recorder Gallatin County, Montana CERTIFICATE OF CLERK AND RECORDER I, Kimberly Buchanan, Treasurer of Gallatin County, Montana, do hereby certify that the accompanying plat has been duly examined and that all real property taxes and special assessments assessed and levied on the land to being divided have been paid. Dated this __________ day of ____________________, 2018. ________________________________________ Kimberly Buchanan Treasurer Gallatin County, Montana _________________________________________ Tax ID No. _________________________________________ Tax ID No. CERTIFICATE OF COUNTY TREASURER I, Shawn Kohtz, Interim Public Works Director, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to the law, approve it, and hereby accept the dedication to the City of Bozeman for the public use of any and all lands shown on the plat as being dedicated to such use. Dated this __________ day of ____________________, 2018. ________________________________________ Shawn Kohtz Interim Public Works Directors City of Bozeman, Montana Nelson Meadows Subdivision, Gallatin County, Montana, is within the City of Bozeman, Montana, a first class municipality, and with the planning area of the Bozeman growth policy which was adopted pursuant to Section 76-1-601 et seq., MCA, and can be provided with adequate storm water drainage and adequate municipal facilities. Therefore under the provisions of Section 76-4-125(2)(d), MCA, this survey is excluded from the requirement for Montana Department of Environmental Quality review. Dated this ________________________ day of _______________________________, 2018. __________ ______________________ Shawn Kohtz Interim Public Works Director City of Bozeman, Montana TV P P 4600 4605 4605 4610 4600 4610 4605 4600 4610 4615 4605 4605 4590 4595 4600 4591 4592 4593 4594 4596 4597 4598 4599 4601 4602 4603 4590 4595 4600 4588 4589 4591 4592 4593 4594 4596 4597 4598 4599 4601 4602 4595 4600 4591 4592 4593 4594 4596 4597 4598 4599 4601 4602 4603 4604 4595 4600 engineers surveyors planners scientists Morrison Maierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net CONDITIONS OF APPROVAL SHEET NELSON MEADOWS SUBDIVISION Conditions: Buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat and buyers of property are strongly encouraged to contact the local planning department and become informed of any limitations on the use of the property prior to closing. The undersigned property owner acknowledges that there are federal, state, and local plans, policies, regulations, and/or conditions of subdivision approval that may limit the use of the property, including the location, size, and use. 1. All street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall be landscaped, as defined in the Bozeman Municipal Code, and shall include one (1) large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. For street trees, a City of Bozeman planting permit for street trees and obtaining utility locations before any excavation begins in the City of Bozeman right-of-way. The subdivision landscape plans shall contain a planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there shall be a mulch ring 3'- 4' in diameter around each newly planted boulevard tree. 2. City standard sidewalks (including a concrete sidewalk section through all private drive approaches) shall be constructed on all public and private street frontages prior to occupancy of any structure on individual lots. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed the required sidewalk shall, without further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. Certificate of Transfer of Ownership and Completion of Non-Public Improvements; and Conditions of Approval : The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Common Open Space Tracts, Storm Water Tracts, and Lift Station Tract. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same BARTIMCO PROPERTIES, LLC hereby further certify that the following non-public improvements, required to meet the requirements of chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: None Financially Guaranteed Improvements: Landscaping, Irrigation System, Sidewalks and Trails. The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by document number _____________________________________. We further certify that the text and/or graphics shown on the Conditions of Approval sheet represents requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied; and that the information shown is current as of the date of the certification, and that changes to any land use restrictions or encumbrances may be made by amendment to covenants, zoning regulations, easements, or other documents as allowed by law or local regulations. BARTIMCO PROPERTIES, LLC By: ________________________________________________________________________________ __________ _________________, Authorized Representative Dated State of ____________________________________ County of ___________________________________ On this ________________ day of ___________________________, 2018, before me, the undersigned Notary Public for the State of _____________________ personally appeared _______________________, known to me to be the Authorized Representative of BARTIMCO PROPERTIES, LLC and acknowledged to me that said Inc. executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ COPYRIGHT © MORRISON-MAIERLE, INC., 2018 PLOTTED DATE: Sep/04/2018 PLOTTED BY: dean squires DRAWING NAME: N:\2286\008\ACAD\Survey\PPLAT\2286008_PPLAT-PLOT.dwg 1/4 SEC. SECTION TOWNSHIP RANGE 195 196 197 198 199 200 201 202 203 204 205 206 •S Mor'n?on —.Maierie,.,. TO: Chris Saunders FROM: Matt Ekstrom DATE: September 16, 201 9 JOB NO.: 2286.009 RE; Nelson Meadows Subdivision - Impact Fee Credits CC: Kent Merselis, Susan Swimley Memo SEP 17 20)9 II/ JL^1 D AR%KT-OF ^SQim^Q^r DUrgent I For Review QPIease Comment DPIease Reply jFor Your Use This memorandum continues our initial communication of April 22, 2019 wherein we discussed the process of applying for City Impact Fee credits as a means of reimbursement for those costs incurred in providing the City with increased land contributions and over-standard improvements above and beyond that required by code compliance. In August our contractor, Knife River, presented us with the Change Order that summarized the cost for each over-standard improvement items which provided us with the supporting cost information for this application. The value of the land is based upon a less-than-average summary of comparable lot sales that have already been place in escrow. The attached information is our Impact Fee Credit Application for the Nelson Meadows Subdivision (COB review #18458). Per your email request (see attached email from 9/6/19) we have prepared the following information: 1) LAND: The 30' dedicated Right-of-Way (ROW) on the north boundary of the property. This is preliminary plat condition of approval #36 (see attached conditions of approval). The area contained in this dedication is 1.41 acres (61,420 SF) (30' wide by 2047.78' long). See the attached highlighted section on the Plat located in Appendix A for details. The cost for this ROW is ($8.50 / SF x 61,420 SF) = $522,066.00. The $8.5 / SF is the 1 going price for land in the Nelson Meadows Subdivision. 2) LAND: Nelson Road was built to a Collector road standard per the COB Transportation Plan. The Nelson Meadows Subdivision traffic generation would only dictate that Nelson Road be built to a Local road standard. The Collector road standard requires a 90' ROW compared to 60' ROW for the Local road standard. Therefore the difference in ROW width on the Nelson Meadows Subdivision property is 15'. The area contained in this dedication is 0.774 acres (33,715 SF) (15' wide by 2249.13' long). See the attached highlighted Page 1 207 ^ ,g Morrison Nelson Meadows Subdivision - Impact Fee Credits lln section on the Plat located in Appendix A for details. The cost for this ROW is ($8.50 / SF x 33,715 SF)= $286,581.00 3) LAND: The extension of Prince Lane from the intersection of Royal Wolf Way to the Frontage Road ROW. This ROW contains 0.826 acres f36.000SF) (60' wide by 600' long). See the attached highlighted section on the Plat located in Appendix A for details. The cost for this ROW is ($8.50 / SF x 36,000 SF) = $306,000.00 4) STREET: As was stated above, Nelson Road was built to a Collector road standard per the COB Transportation Plan. Located in Appendix B is the cost difference between building a Local road vs a Collector road. This cost difference is based on Knife River's (general contractor on the Nelson Meadows project) bid dated March 15th, 2019 (bid tabs are in Appendix B). Also located in Appendix B are the road plans for Nelson Road. The cost difference = $232,065.64 (this includes the extra road width, striping, signage, and storm drain). 5) STREET: The extension of Prince Lane from the intersection of Royal Wolf Way to the Frontage Road ROW. The cost of this road extension is included in Appendix C. Also located in Appendix C are the road plans for Prince Lane. The estimated cost to construct this portion of Prince Lane = $106,437.50 6) WATER: A 16" water main was requested by the COB to run through the Nelson Meadows Subdivision. The cost difference between a 16" main and an 8" main (which is what the Nelson Meadows Subdivision project would require) is located in Appendix D. The estimated cost to oversize the water main to 16" = $339,363.00. The 16" water plan sheets are also located in Appendix D. 7) MONTANA RAIL LINK PERMITTING: In our negotiations with Montana Rail Link (MRL) to secure Utility Occupancy Permits for Nelson Meadows project, it became apparent that the existing 8" water main and the 1.5" sewer force main serving the MDT facility on Nelson Road were never permitted through MRL. In order to get approvals on the Nelson Meadow permits MRL required us submit the after the fact Utility Occupancy Permits for the MDT utilities. The cost for submitting these permits = $3,431.00 ($1200 of this total is for permit fees to MRL). The permits are attached in Appendix E. Chris, we sincerely appreciate your assistance with our application process and look forward to completing the application over the next few weeks. Please do not hesitate to contact us should you require additional information. N:\2286\009\04 DesignV\gency Submittal\COB\Tech Memo to Chris Saunders - Impact Fee Credit 090619.docx Page 2 208 BARTIMCO PROPERTIES, LLC 701 Gold Avenue, Bozeman, MT 59715 December 4, 2020 Mr. Chris Saunders Assistant Planning Director City of Bozeman, MT 20 E. Olive Street Bozeman, MT. 59771 Mr. Jeff Mihelich Bozeman City Manager 121 N Rouse Avenue Bozeman, MT 59715 Nelson Meadows Impact Fee Credit – supplemental application # 3 Gentlemen, Thank for you reconsidering our September 17, 2019 request to obtain Impact Fee Credits from the City for Nelson Meadow subdivision. As you know, after this initial request submission, Nelson Meadows was not informed that our application had been considered by the City until February 24, 2020, when we received, by email, the results of the City’s process summarized by Shawn Kohtz’s “sticky notes” memo, attached hereto. See Exhibit Kohtz, email to M. Ekstrom 2.20.2020. We have previously provided you all Exhibits referenced herein and will make them available to you upon request. We strongly believe our request is justified and appreciate your reconsideration of these items. Therefore, the following summarizes our amended request for Impact Fee Credits with which we may be able to receive partial reimbursement by selling these credits to the Buyers of Nelson Meadow lots during their application for Building Permit. We propose to use this summary as our agenda for next Thursday’s (12.10.20) 4:00 pm meeting with you…location of the meeting has yet to be confirmed. We will call you next week to establish the location. To that end, Barnard Construction Company’s corporate headquarters (701 Gold Ave) has numerous large conference rooms that would easily provide social distancing. We would be more than happy to host this meeting. The following summarizes our revised request for your consideration. #1 - COB request to increase Water Service from 8” to 16”. To facilitate future development in the area, COB requested that Nelson Meadows increase the size of the water service to the development from 8” to 16”. In the interim, we have received partial reimbursement from the City in the amount of $339,363 for ‘oversizing’ the water main. Therefore, No Impact Fee Credit regarding this matter is requested. #2 - Additional costs resulting from the City’s request to upsize the water line. The costs associated with the replacement and manufacturing of the increased size of PRV were $150,425 and the costs associated with excavating, removing and replacing the connecting tee were an additional $7,831.43 for a total of $158,256.43. We have been informed by Morrison Maierle that we will soon receive a COB check in the amount of $155,000. 209 BARTIMCO PROPERTIES, LLC 701 Gold Avenue, Bozeman, MT 59715 Assuming this information regarding our imminent receipt of a $155,000 from COB is accurate, we will withdraw our request. No Impact Fee Credit regarding this matter is requested at this time. # 3 - Additional costs required to be paid to Montana Rail Link (MRL). Because the City of Bozeman failed to obtain access agreements from MRL for COB water and sewer lines that serve the Montana Department of Transportation (“MDT”) facility and because the City failed to respond to numerous MRL requests regarding the unpermitted pipelines, MRL refused to provide Nelson Meadows with similar permits for water and sewer until obtaining the MRL – City permits. MRL would not grant Nelson Meadows a Utility Occupancy Permit until Nelson Meadows obtained and submitted the Utility Occupancy Permit from the City for the Montana Department of Transportation facility. The City allowed the Montana Department of Transportation facility to install the 8” water line and the 1.5” sewer force main which serves the Montana Department of Transportation facility in the MRL-owned property without the same condition placed on Nelson Meadows. The City required Nelson Meadows to obtain the Utility Occupancy Permit after failing to require the Montana Department of Transportation facility to do so. However, that previous oversight does not obligate the City of Bozeman for impact fees in this situation. No Impact Fee Credit regarding this matter is requested. #4 – Land: The 30 foot dedicated right-of-way, instead of an easement, on northerly boundary of the subdivision. The City’s demand for land dedication by right-of-way, rather than an easement for potential future public use, precluded our ability to sell fee interest in the subject land. As stated by Tom Rogers in his July 25, 2018 message…“a road on the north property boundary does not further the needs of the community.” The applicant sought to provide an easement for this potential extension of the future road system. In July of 2018 the City staff agreed by stating “However, providing an easement on the north boundary is supported, if provided”. See Exhibit A, email T. Rogers to M. Ekstrom 7.25. 2018. The potential ¾ mile extension of Stone Gate Drive, from Springhill Road to Nelson Road, in addition to the roadway costs, would necessitate the construction of an $8 million dollar bridge to span over the Gallatin River. However improbable, this extension is not necessary to serve the Nelson Meadows Subdivision. In addition, the land that abuts the right-of-way to the north (which would be required to provide the northerly 50% fifty percent of land for the roadway), is under County jurisdiction and has already improved. Finally, the right-of-way terminates at Nelson Meadow’s west property boundary at Sunset Memorial Gardens, a County cemetery which abuts Nelson Meadows and would create a dead-end termination point for the proposed extension. Subdivision Staff Report dated January 24, 2019, Engineering Condition 36 required a dedicated right-of-way, which removed the underlying land from the applicant’s use and precluded the future sale of the property for site building density, if not development. We believe that the taking of fee title to this land, as compared to the original mutual agreement to provide the City with an easement, combined with the City’s admission that the taking does not further the needs of the community, qualifies our request to receive an Impact Fee Credit equal to the value of the land. 210 BARTIMCO PROPERTIES, LLC 701 Gold Avenue, Bozeman, MT 59715 Therefore, the applicant seeks Impact Fee Credits for this dedication of land by right-of-way, rather than by a previously agreed upon easement, consisted of 1.41 acres (61,420 sf). The market cost of land for the right- of-way is currently $8.50 / s.f. at 61,420 s.f. = $522,067. #5 – Land: COB required Nelson Road to be constructed to a “Collector” road standard, when subdivision and existing average daily vehicle trips could have been accommodated by a “Local” street standard. The Local street standard is 60 feet right-of-way and the Collector standard is 90 feet right-of-way. The estimated ADT from Nelson Meadows Subdivision at the Frontage Road is approximately 1,910 vehicles per day plus an estimated ADT of 20 vehicles per day on Nelson Road north of the subdivision. Nelson Road has a posted speed limit of 45 mph. At that operating speed, a two-lane street can handle between 6,400 and 7,000 vehicles per day and be estimated to function at LOS C. This is shown in Exhibit 16-16 of the Highway Capacity Manual, 6 th Edition: A Guide for Multimodal Mobility Analysis (Transportation Research Board, October 2016). This information was presented in the Nelson Meadows Traffic Impact Study submitted to the City of Bozeman in a Preliminary Plat application 12/20/18. Nelson Meadows Subdivision would have been well served by a Local two-lane street. The City of Bozeman mandated Nelson Meadows Subdivision to build Nelson Road to a “Collector” standard. The applicant is entitled to Impact Fee Credit for the difference between the land dedication area of a Local street and the land required to construct a Collector roadway, which was demanded to accommodate future traffic not currently existing or generated by the Nelson Meadows subdivision. Therefore, the applicant seeks Impact Fee Credits equal to the value of the 15 feet right-of-way (applicant’s side of the Collector) demanded by the City and not by easement. The area is 15 feet in width x 2249.13 in length for a total of 0.774 acres (33,737 sf). 33,737 sf x $8.50/sf = $286,765. #6 – Land: Extension of Prince Lane from the Intersection at Royal Wolf Way to the subdivision property line – aligned with, but not connected to, the intersection of East Valley Center Spur Road and the Frontage Road (East Valley Spur Connection). This roadway extension was not a project improvement. The developer did not propose this extension, it was not included in our approved preliminary site plan and developer argued against it based upon: 1) the extended roadway creates a dead end street by not connecting to any other street; 2) does not improve the access to the subdivision; and 3) it was not necessary to meet the City of Bozeman requirements for subdivision access or block-length criteria. Our original Pre-application plan did not include the extension of Prince Lane to the East Valley Spur Connection. See Exhibit B, May 2 2018 project concept. Our initial layout, and our stated intent not to connect to the Frontage Road, was based upon our concern for traffic safety and this intersections history of fatal accidents. Our intent not to connect at the East Valley Spur intersection was further supported by conversations with Chris Saunders and MDOT officials during our preliminary planning, annexation and zoning process. Attached are the original versions of the Pre-Application Plan (1st Pre-App Plan Park Place 11X17 051618.pdf and 2nd Pre-App Plan 071918 22x34 rev 2.pdf). See Ex. C. July 18, 2018. As the City knows MRL owns the approximately 9’ strip of land between the Nelson Meadows property line and the MDT has an easement (for the Frontage Road). Any future street connection would require an easement across the MRL land to make any connection to the East Valley Spur / Frontage Road intersection. MRL has provided written assurance, based upon traffic safety concerns, that they will not provide the required easement. 211 BARTIMCO PROPERTIES, LLC 701 Gold Avenue, Bozeman, MT 59715 Our original preliminary plat application was submitted without the 600 foot extension of Prince Lane to the Frontage Road and East Valley Center Road Spur Connection. This was designed in concert with City Planning and Engineering staff to develop the street grid network for the project. The original preliminary plat is attached (Original Preliminary PLAT 090418.pdf). [See Ex. D attached hereto] Several months later, during the plat entitlement process, City Engineering’s Shawn Kohtz demanded a connection to the East Valley Spur intersection. In response, applicant provided City Engineering with correspondence from both Montana Department of Transportation “MDT” and Montana Rail Link (“MRL”) stating that both entities would be against any connection at the Frontage Road and East Valley Center Spur intersection. Please see the attached letter from Jean Riley, MDT Exhibit E. MDT letter dated 10.11.2018 and email from Joe Racicot, General Counsel for (Exhibit F - MRL - 05.21.19 Joseph M. Racicot message.pdf) for details. In spite of strong opposition voiced by MDT, MRL and the Developer in opposition to the connection of Prince Lane to the East Valley Spur intersection, Khotz and City Engineering required Nelson Meadows to design and construct the extension of Prince Road. Ex. G – email 10.25.2018 and Exhibit H. 12.7.2018 report Nielsen to Rogers – see condition of approval 2. In spite of the above, City Engineering demanded the 600’ extension of Prince Lane by right-of-way dedication. This extended roadway: 1) was not a project improvement; 2) served no purpose for traffic flow within the subdivision; 3) created a dead-end road; and 4) MRL had assured us that it will never allow a connection to the Frontage Road. Therefore, we believe it qualifies for an Impact Fee Credit. Based upon the above, the applicant hereby requests Impact Fee Credits for the value of this land by dedicated right-of-way (60 feet wide for a length of 600 feet) for a total area of 36,000 s.f. x $8.50 /sf = $306,000. #7 - Construction costs - Nelson Road required to be constructed as “Collector” rather than “Local” Street. For the same reasons as the applicant is entitled to Impact Fee Credit explained in land dedication in #5 above, the applicant is also entitled to be reimbursed for the cost of construction for increased roadway area to develop a “Collector” roadway, which was demanded by City Engineering to accommodate future traffic, although not currently existing or projected to be generated by the subdivision. It appeared that City Engineering recognized this was eligible for Impact Fee Credit based upon the below note inserted into the September 16, 2019 Impact Fee request provided to the City: 2.20.2020 S. Kohtz denied by stating “This request was presented to the Impact Fee Advisory Committee at the November 5, 2019 meeting, and the Committee did not recommend prioritizing Impact Fee Funds for reimbursement of Nelson Road improvements. This request was also provided to the City Commission on the November 18, 2019 City Commission Meeting. An improvement to Nelson Road was also not prioritized in the City's capital plan. Therefore, no funds are available”. Based upon the above, the applicant requests Impact Fee Credits for costs associated with the construction of the additional 15’ of roadway width, which was Nelson Meadows’ portion of the constructed over-standard Collector roadway in the amount of $232,065.64, the additional construction cost paid to Knife River. 212 BARTIMCO PROPERTIES, LLC 701 Gold Avenue, Bozeman, MT 59715 #8 – Construction Costs – The City’s demanded Nelson Meadows extend Prince Lane from the Intersection of Royal Wolf Way to the subdivision’s south property line. (600 lineal feet). For the same reasons as referenced in Item # 6 above, applicant is entitled to Impact Fee Credits for the cost of construction of the street that: 1) was not contained within the preliminary site plan design, which was approved by the City; 2) was not a desired a project improvement; 3)was not required for to meet subdivision or street length requirements; 4) does not enhance traffic by connecting to another public road; and 5) was not required for site access. Based upon the above, the applicant requests Impact Fee Credits for costs associated with the construction of the additional 36,000 s.f. of roadway which resulted in a Knife River Change Order in the amount of $106,437.50. Additional note: To put our request into economic perspective, the build-out of Nelson Meadows’ 69 acres of industrial park will result in over 800,000 s.f. of development (FAR 27%) over the next five years. Using the current formula for Impact Fees and assuming that the City will not increase fees during this time, over $8,000,000 in fees will be generated by subdivision. Thank you for your reconsideration of this request. Nelson Meadows 213 Memorandum REPORT TO: City Commission FROM: Danielle Garber - Associate Planner Martin Matsen - Director of Community Development Griffin Nielsen - Water Resources Engineer Addi Jadin - Parks Planning and Development Manager Mitch Overton - Director of Parks and Recreation SUBJECT: Northwest Crossing Phase 1 Major Subdivision Preliminary Plat for the Subdivision of 146.21 Acres into Fifteen (15) Developable Lots, Fifteen (15) Restricted Development Lots, the Park Master Plan, Easements, and Right- of-Way Zoned B-2M and REMU (Quasi-judicial) MEETING DATE: February 2, 2021 AGENDA ITEM TYPE: Community Development - Quasi-Judicial RECOMMENDATION: Recommended Motion Park Master Plan: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19440 and 20113 related to the Northwest Crossing Park Master Plan and move to approve the Park Master Plan with conditions and subject to all applicable code provisions. Recommended Motion Preliminary Plat Application: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20113 and move to approve the subdivision with conditions and subject to all applicable code provisions. 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: A major subdivision application requesting permission for the subdivision of 146.21 acres into fifteen (15) developable lots zoned B-2M and REMU, fifteen (15) restricted development lots, city park, easements, and associated right of way. The site is located northwest of the intersection of Oak Street and Cottonwood Road. UNRESOLVED ISSUES: None 214 ALTERNATIVES: As identified in staff report FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual developments along with City sewer and water connection fees. Attachments: 20113 Staff Report 1-26-21.pdf 19440 & 20113 Park Master Plan CC Memo 1-26-21.pdf 19440 Staff Report Final - Signed.pdf 19440 Park Master Plan Combined.pdf 20113 Plat Page 1 20113 Plat Page 2 20113 Plat Page 3 20113 Plat Page 4 20113 Plat Page 5 Report compiled on: January 26, 2021 215 Page 1 of 35 20113, Staff Report for the Northwest Crossing Phase 1 Major Subdivision Public Hearing Date: Planning Board January 25, 2021 at 6:00 via WebEx. A WebEx link will be provided with the Planning Board agenda. City Commission, February 2, 2021 at 6:00 pm via WebEx. A WebEx link will be provided with the City Commission agenda. Project Description: A major subdivision application requesting permission for the subdivision of 146.21 acres into fifteen (15) developable lots zoned B-2M and REMU, fifteen (15) restricted development lots, city park, easements, and associated right of way. The site is located at the northwest intersection of Oak Street and Cottonwood Road. Project Location: North of Oak Street on the west side of Cottonwood Road, and south of Baxter Lane. Legally described as Tract 5 of Certificate of Survey No. 2552, Situated in the NW ¼, Section 4, Township 2 S, Range 5 E of P.M.M., City of Bozeman, Gallatin County, MT. Recommendation: The application conforms to standards and is sufficient for approval with conditions and code provisions. Planning Board Recommended Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20113 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Commission Recommended Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20113 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: January 26, 2021 Staff Contact: Danielle Garber, Associate Planner Griffin Nielsen, Project Engineer Addi Jadin, Parks Planning and Development Manager Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues There are no known unresolved issues. 216 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 2 of 35 Project Summary This report is based on the application materials submitted and any public comment received to date. The property owner and applicant made application to develop the vacant property on the west side of Cottonwood Road, north of Oak Street and near the new Gallatin High School. The application proposes the subdivision of 146.21 acres into fifteen developable lots (28.37 acres), fifteen restricted development lots (95.95 acres), city park (16.55 acres), easements, and rights of way (5.34 acres). The subject property was annexed to the City on June 25, 2019 and initial zoning was adopted on July 15, 2019 as Residential Emphasis Mixed Use (REMU), and B-2M (Community Business District – Mixed). A Master Site Plan application no. 19440, as required by REMU zoning, was approved by the Director of Community Development on December 22, 2020. The property is currently unoccupied and has been historically used for agriculture. Two watercourses are present on the property, running north-south, with associated wetlands. This subdivision is not required to provide affordable housing as no lots for market rate homes are proposed. All developable lots within this subdivision will require further development review and public notice prior to building permit issuance. The master site plan shows an expected mix of uses in phase 1 with 15-acres of primarily commercial development and the remaining platted lots to be used for multi-household development. The subdivision provides a mix of uses in compliance with REMU and B-2M zoning. The subdivision proposes 16.55 acres of city park lots primarily adjacent to the Baxter Ditch watercourse. The park, named Homestead Park, is divided into 3 separate park parcels, each spanning the long central blocks of the development, providing long segments of trail. Park Parcel 1 meets the intent of Linear Parks within the Parks, Recreation, Open Space and Trails Plan (PROST), Parcels 2 and 3 meet frontage requirements for dedicated park. A combination of improvements-in-lieu of Parkland and Land dedication is required with each subsequent phase of development. The Recreation and Parks Advisory Board has recommended approval of the subdivision and the parks master plan for the development with recommended conditions of approval with review of the Master Site Plan on October 27, 2020. The subdivision proposes an unknown number of phases with 28.37 acres of the development occurring in phase 1 including two lots for multi-household development and 13 lots for primarily commercial development. The commercial corner of the subdivision will serve as the neighborhood center. 15 restricted development lots requiring further subdivision prior to development make up the balance of the subdivision and phasing will occur as applications are received. The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of the date it was deemed adequate. The Development Review Committee (DRC) deemed the application adequate for continued review on January 19, 2021. 217 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 3 of 35 Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by March 21, 2021, unless there is a written extension from the developer, not to exceed one year. No public comment has been received. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. This alternative is requested if the Commission wishes to amend or add conditions of approval. 218 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 4 of 35 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES .......................................................................................................... 5 SECTION 2 – REQUESTED VARIANCES ............................................................................... 12 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .......................................... 12 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 16 SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 20 SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 21 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. .................... 21 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 23 Preliminary Plat Supplements ........................................................................................... 27 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 32 APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 33 APPENDIX C – PROJECT BACKGROUND ............................................................................. 34 APPENDIX D - OWNER INFORMATION ................................................................................ 35 ATTACHMENTS ......................................................................................................................... 35 219 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 5 of 35 SECTION 1 - MAP SERIES Figure 1. Zoning classification 220 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 6 of 35 Figure 2. Growth policy designation 221 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 7 of 35 Figure 3. Current land use 222 Page 8 of 35 Figure 4. Preliminary Plat 223 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 9 of 35 Figure 5. Preliminary Plat West – Restricted Lots 224 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 10 of 35 Figure 6. Preliminary Plat East – Restricted and Phase 1 Lots 225 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 11 of 35 Figure 7. Preliminary Plat Southeast – Phase 1 Lots Only 226 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 12 of 35 SECTION 2 – REQUESTED VARIANCES There are no variances requested with this subdivision application. SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the preliminary plat application. Additional conditions may apply to the planned unit development being processed concurrently. Recommended Conditions of Approval: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 3. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 4. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owners’ association of any open space proposed to be conveyed to the property owners’ association and all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the property owners association and associated realty transfer certificate. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat. For personal property installed upon open space owned by the property owners association, the subdivider shall provide an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. 227 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 13 of 35 5. Deeds and Realty transfer certificates must be provided for transfer of any platted tract to the City or other entity in association with filing of the final plat. 6. The Applicant is required to update the Community Design Framework Master Plan with the Phase 1 Final Plat Application, and all subdivision applications moving forward to designate Block Frontages on all perimeter and internal streets. 7. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 8. The certificate of dedication on the final plat shall include the specific names of the streets dedicated to the public for which the City accepts responsibility. 9. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat. 10. The property owners’ association documents created for this subdivision must include provisions describing the agreed upon method of contribution to the Northwest Crossing Property Owners’ Association and binding property owners of future phases to contribute to the maintenance and upkeep of dedicated parks and publicly accessible open space lands required to be maintained by the Northwest Crossing Property Owners Association. The provisions in the property owners’ association documents fulfilling this condition shall be considered required by the City Commission pursuant to Section 38.220.320.A.4, BMC. The City may release the Northwest Crossing Property Owners’ Association from the obligation to maintain parks dedicated to the City at the City’s discretion. 11. The applicant must submit plans and specifications for water and sewer main extensions, streets, and storm water improvements, prepared and signed by a professional engineer (PE) registered in the State of Montana, which must be provided to and approved by the City Engineer. Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The applicant must also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. Building permits will not be issued prior to City acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.270.030.C of the Bozeman Municipal Code are met to allow for concurrent construction. 228 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 14 of 35 12. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant. 13. A well, including equipment and associated permitting, used for public irrigation must be transferred to the City or POA as applicable. A certificate of water related improvements is required per Section 38.240.530. Any financially guaranteed water related improvements agreements must include a warranty of workmanship. 14. All Irrigation wells located within the exterior boundaries of the development shall include Montana DNRC certificates which shall be provided to the City with the final plat submittal. Ownership of any well and associated water right within common open space owned by the property owner’s association shall be transferred to the property owner’s association in conjunction with the final plat. All wells shall include a meter or other device to determine consumption. 15. A "1 foot No Access" strip must be placed along the Cottonwood Road frontage of any lot for which the City’s access separation requirement cannot be fully met. This will be listed as a condition of approval for future subdivision. 16. A "1 foot No Access" strip must be placed along the Oak Street frontage for any lot which the City’s access separation requirement cannot be fully met. This will be listed as a condition of approval for future subdivision. 17. Due to the high groundwater and increased rate of corrosion with in the clay soils all water mains must have additional cathodic protection. A minimum of V-bio polyrap or approved equal is required by the City. 18. The required easements for dewatering system must meet the criteria: a. Be sufficiently sized to allow for the long-term maintenance and operation of the system. A width of 10 feet is required at all locations with additional width dedicated as required. b. Include language restricting the construction of structures within the easement. c. Be shown on the final plat 19. The applicant must provide a maintenance plan for the dewatering system include the maintenance plan in the homeowner’s association documents prior to final plat approval. The plan must include the long term maintenance instructions for the Properties Owner’s Association. 20. The applicant must add a note to the “General Notes” section of the plat that the groundwater dewatering system is owned and maintained by the Property Owner’s Association. 229 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 15 of 35 21. “General Note No. 6” must be revised to state that no basements or crawlspaces may be constructed within the subdivisions, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the season high groundwater level and provides supporting groundwater data or certifies that the structure has been designed in such a way to accommodate the seasonal high groundwater prior to the release of building permits. In addition sump pumps are not allowed to be connected to the sanitary sewer system or discharge in the public right-of- way. 22. The following note must appear on the plat all finish floor elevations for structures within the flood hazard identified within the flood hazard report must to be noted on the final plat for the respective lots. 23. Streets adjacent to Baxter Ditch must be designed to ensure that the back of sidewalk is a minimum of one foot above the project flood water surface elevation. 24. Temporary stormwater easements must be provided for stormwater infrastructure supporting the subdivision located outside the proposed developable lots. The easement language must be approved by the City of Bozeman and dedicated with the final plat. The easement must cover the maintenance access routes to the infrastructure. 25. A minimum of a 12 ft. all weather access ramp designed to support maintenance vehicles must be constructed to all stormwater ponds. The access must be review and approved but the subdivision infrastructure plans. 26. The applicant must add a note to the “General Notes” section of the plat that all stormwater infrastructure located outside of the public right-of-way must be maintained by the Property Owner’s Association. 27. Documentation of compliance with the parkland dedication requirements of Section 38.420.020, BMC shall be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication shall be included on the final plat conditions of approval sheet. The table shall explicitly state how much parkland credit was allocated for each lot within the phase. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each. Any cost sharing agreements for maintenance shall be included with the final plat. 28. A note shall be added to the final plat stating: Although an easement or parkland dedication is required at the time of initial subdivision, the Parks and Recreation Department does not assume maintenance responsibility until park improvements have been installed and fully accepted on behalf of the City. 230 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 16 of 35 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat and must be satisfied at the final plat. 1. BMC 38.220.300 and 310. The Property Owners’ Association (POA) documents must be finalized and recorded with the final plat. The POA documents must include the requirements of Section 38.220.300 and 320. 2. BMC 38.220.060.A.1 and BMC 38.220.060.A.3. The applicant has proposed a dewatering system as part of the surface water and groundwater supplements to mitigate changes to the existing tile drain system/hydrology. The system must be designed by a professional engineer registered in the state of Montana and receive final approval from all appropriate agencies. The system must be installed prior to final plat approval. With the final plat application the applicant must provide documentation demonstrating final approval from all appropriate agencies, certification from a professional engineer ensure the system has been completed and will operate as designed, and as-builts of the completed system. 3. BMC 38.270.030. The applicant must submit plans and specifications for water and sewer main extensions, streets, and storm water improvements, prepared and signed by a professional engineer (PE) registered in the State of Montana, which must be provided to and approved by the City Engineer. Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The applicant must also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. Building permits will not be issued prior to City acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.270.030.C of the Bozeman Municipal Code are met to allow for concurrent construction. 4. BMC 38.270.070. With the proposed first phase Oak Street must be completed where adjacent to the development from the intersection to the phase boundary. The section must be completed and accepted by the City prior to final plat approval. 5. BMC 38.270.020 and BMC 38.400.010. The development is responsible for the local share of Cottonwood Road. The local share must be provided prior to final plat. a. Cottonwood Road, from Oak Street to Baxter Lane, is currently identified in the City’s Capital Improvement Program (CIP No. SIF138) and scheduled for construction in FY2023. The developer has requested to pay cash-in-lieu of infrastructure for the development’s local share for Cottonwood Road. The development’s full local share payment must be made to the City prior to final plat approval. The development’s local share amount must be confirmed at the time of final plat using the most current costs for Cottonwood Road. 231 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 17 of 35 6. BMC 38.400.090. Street easements must be provided for all streets identified in the underling Master Site Plan must be provided prior to final plat approval to ensure access is provided to all lots. The easements must be reviewed and approved by the City. The easement must be provided using the City’s standard language for a public street and utility easement. 10 foot utility easements must be provided along all street frontage unless all effected utility companies (provided service to the development) provided written documentation that the easements are not required prior to final plat approval. 7. BMC 38.410.070. The proposed development falls within the wastewater drainage basin for the Norton East Ranch Outfall and Davis Lane Lift station. The outfall and lift station, listed as Capital Improvement Project (CIP) no. WWIF38 and WWIF31, are currently in progress. The proposed projects must be completed and accepted by the City prior to final plat approval. The City does not guarantee the timing of these projects. 8. BMC 38.410.070. The offsite wastewater interceptor (27” and 21” mains) proposed in Baxter Lane must be completed prior to final plat approval of any phase reliant upon the interceptor. The design of the interceptor must include the consideration of the Aajker Creek Division (15 inch) currently identified in the City’s Wastewater Facility Plan (WWFP) and flow from the Laurel Glen lift station. For areas where existing topography does not allow service to be provided with the interceptor those areas must be served by the downstream infrastructure identified within the City’s WWFP. Private lift station(s) may not be utilized. 9. BMC 38.410.070. A City standard sewer easement must be provided for any location where the sewer system is located outside of the propose right-of-way for Phase 1. Access must be provided to all sanitary sewer lines and manholes. For mains not located in a street or alley a 12-foot all-weather surface must be provided and maintained by the property owner's association. In addition, all sewer mains must be located a minimum of ten feet from all structures and major landscaping features including trees. All points where mains are proposed within parks must be approved by both the Public Works and Parks Department. 10. BMC 38.410.130. The applicant proposes a transfer to City ownership of existing water rights associated with the subject property. The City hereby elects to accept these existing water rights for transfer to City ownership pursuant to Sec. 38.410.130.A.2 BMC. The transfer of ownership of these existing water rights must be in a form and manner suitable for municipal purposes. The applicant and City shall, prior to final plat approval, enter into an agreement containing mutually acceptable terms and provisions for the water rights ownership transfer. 38.410.130 BMC must be satisfied prior to final plat approval. 11. BMC 38.600.130.C. A floodplain permit is required for any development occurring in the floodplain. City cannot issue floodplain permit approval until all other necessary permits have been issued by agencies having jurisdiction. The applicant must submit all necessary permits and receive approval from the City prior to final plat. The Flood Hazard Evaluation provided has not been approved. The City’s Floodplain Coordinator has provided the following comments: 232 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 18 of 35 a. The report finds that floodwater could reach elevations in proposed lots based on existing topography. To mitigate the flood hazard due to existing topography, the report recommends fill be placed to keep the floodwater contained within the confines of the outer 20’ of the wetland setback. b. Neither the flood hazard report nor the drainage report provide any information for sizing the stream crossings for the internal subdivision roads. These reports need to be updated to size the internal road culvert crossings. The hydraulics of the internal crossings feeds back to the flood report in that fill locations (including roads) and crossing capacities needs to be accounted for in producing the proposed floodplain area. It is recommended that the crossings be sized to pass the flood discharge without overtopping the roadway. 12. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private land, personal property, improvements and water rights; documents required. a. (1) For the transfer of real property in satisfaction of required or offered dedications to the city, and required or offered donations or grants to the property owners' association (POA), the subdivider or owner of the property must submit with the application for final plat a warranty deed or other instrument acceptable to the city attorney transferring fee simple ownership to the city or the POA. b. (2) For the transfer of personal property installed upon dedicated parkland or city- owned open space, or POA-owned parkland or open space, the subdivider must provide the city an instrument acceptable to the city attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements to the city or the POA. c. (3) The subdivider or owner of the property must record the deed or instrument transferring ownership or interests at the time of recording of the final plat with the original of such deed or instrument returned to the city or POA as applicable. d. (4) For the transfer of ownership interest in water, the subdivider or owner of the property must submit with the application for final plat a deed or other instrument acceptable to the city attorney transferring ownership to the city or POA, along with all required state department of natural resources and conservation documentation, certification and authorization. 13. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must specifically list all installed improvements and financially guaranteed improvements. 14. BMC 38.240.520 requires a certificate of completion of non-public improvements. Certificate must specifically list all installed improvements and financially guaranteed improvements. 233 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 19 of 35 15. BMC 38.240.510. Separate the Conditions of Approval Notifications and Certifications Certificate from the non-public improvements certificate and match the language in this section. 16. BMC 38.240.530 when irrigation of public facilities are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of water- related improvements. The certificate must list all completed and accepted improvements, including but not limited to all irrigation system record drawings. The subdivision proposes irrigation of public street frontage and city parkland. This certificate must be provided on the final plat. 17. BMC 38.270.030.B.3. Completion of Improvements, Lighting. Subdivision lighting must be installed or financially guaranteed prior to final plat approval. If an SILD is utilized for the lighting the Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 18. BMC 38.410.120 Mail Delivery. A cluster mail box location approved by the United States Post Office must be identified with the final plat application and infrastructure plans. 19. BMC 38.420.020.A.2.a.(2). If net residential density is of development is unknown, 0.03 acres per dwelling unit must be provided, for initial subdivision or other development, within REMU zoning district as an area equal to that required for eight dwelling units or 13.5 persons in group quarters per net acre. 20. BMC 38.420.020.A.2.a.(3). If net residential density is of development is unknown, 0.03 acres per dwelling unit must be provided, for initial subdivision or other development, within B-2M zoning district (“intended for residential development as shown in the Master Site Plan) an area equal to that required for six dwelling units or 13.5 persons in group quarters per net acre. Cash-in-lieu of Parkland for residential B-2M lot is required at the time of Subdivision Final Plat for the corresponding phase based on the valuation at the time of final plat completeness (38.420.030). 21. BMC 38.550.070. In accordance with the requirements of this section, installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips on perimeter streets and in and adjacent to City park lots and any open space lots is required prior to final plat approval. 22. BMC 38.240.430. Where there will be a cash donation in-lieu of parkland dedication, plats of subdivision must show the following certificate: Certificate accepting cash donation in-lieu of land dedication Finding dedication of parkland within the platted area of (Subdivision Name) would be undesirable for park and playground purposes, it is hereby ordered by the city commission of 234 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 20 of 35 the City of Bozeman, that land dedication for park purposes be waived and that cash-in-lieu, in the amount of _______________ dollars, be accepted in accordance with the provisions of the Montana, Subdivision and Platting Act (MCA 76-3-101 through 76-3-625) and the Bozeman Municipal Code. DATED this _______ day of _______, _______. _______________________ Signature City of Bozeman Director of Parks and Recreation 23. BMC 38.220.060.14. Provide response to review criteria in this section from school administration indicating whether the increased enrollment can be accommodated by the present personnel and facilities and by the existing school bus system 24. BMC 38.410.080. Provide a landscaping plan for the permanent retention pond to be provided in the park lot. This may accompany the landscaping plan with final plat, but it must be completed prior to park development if development is not to occur with phase 1. 25. BMC 38.220.060.A.7. Provide clarification from the State Historic Preservation Office (SHPO) on any potentially eligible historic or cultural resources on the subject property. SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS The DRC determined that the application is adequate for continued review and found that application conforms to standards and is sufficient for approval with conditions and code provisions on January 19, 2021. The Recreation and Parks Advisory Board reviewed and recommends approval of the proposed subdivision and parks master plan as outlined in the application and with the conditions and code provisions in this report. The Planning Board conducted a public hearing on the related subdivision and voted unanimously 7-0 to recommend approval of the application to the City Commission. The public hearing date for the Planning Board was January 25, 2021 at 6:00 PM via WebEx. Staff presented the staff report to the Board. There was a question to staff related to the revised zoning boundary between the B-2M and REMU areas of the subject property approved with Master Site Plan Application no. 19440 and alignment with the growth policy designations. Questions of the applicant involved the groundwater mitigation, and the proposed local street sections and bike lane widths in different areas of the development. There was some concern that the applicant’s proposed wider local street section adjacent to the B-2M commercial areas along Harvest Parkway would reduce safety and encourage users in vehicles to disregard speed limits. Mr. Egge stated that the City has a complete streets policy and adopted standards in regard to bike lanes and bike lane widths. Griffin Nielsen, the City’s reviewing engineer for this project clarified that proposed street section design proposed with this application is conceptual and will 235 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 21 of 35 be further evaluated during infrastructure review prior to construction and final plat. Mr. Rudnicki made the motion to recommend approval stating that the project complies with the stated growth goals of the City. Mr. Pape seconded. Mr. Egge spoke further in discussion and proposed to amend the recommendation that the applicant is required to provide bike lanes according to American Association of State Highway and Transportation Officials (AASHTO) standards as detailed in Section 38.400.110.E. The amendment to the motion passed unanimously 7-0. Mr. Pape discussed his second in support of the original motion stating that when he looks at these projects he is always asking if they are serving the needs of the community, and at this time of imminent need, hopefully a project like this will relieve some housing strain. The motion to recommend approval passed 7-0 with the additional recommendation that the applicant be required to develop bike lanes to the adopted AASHTO standards. Staff discussed this recommendation with the City’s engineering staff reviewing this application during the preparation of this staff report. Engineering staff clarified that adherence to the AASHTO standards is already stated in the cited code section and will be reviewed when the applicant provides the infrastructure plan as required in code provision #3. Public hearing date for the City Commission is February 02, 2021 at 6:00 PM. The hearing will be held via WebEx with a WebEx link provided with the City Commission Agenda. SECTION 6 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended condition of approval 2, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. A conditions of approval sheet must be included and updated with the required notations can be added as required by conditions or code. 236 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 22 of 35 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the BMC. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all regulatory standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the local subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The application was received on April 22, 2020 and was deemed inadequate for further review on May 29, 2020. Revised application materials were received on August 10, 2020, December 2, 2020, and January 19, 2021. The City deemed the application adequate for review on December January 19, 2021. Public hearings were scheduled for January 25, 2021 and February 2, 20201 The hearings before the Planning Board and City Commission have been properly noticed as required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable review agencies, as well as any public testimony received on the matter, the Planning Board must forward a recommendation in a report to the City Commission who will make the final decision on the applicant’s request. The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of the date it was deemed adequate. Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by March 21, 2021, unless there is a written extension from the developer, not to exceed one year. Public notice for this application was given as described in Appendix C and no comment was received as of the issuance of this staff report. On January 20, 2021 this major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration by the Planning Board. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review of the Development Review Committee and the Department of Community Development all applicable regulations are met if all code requirements are satisfied. Pertinent code provisions and site specific requirements are included in this report for City Commission consideration in Sections 3 and 4. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Condition of approval 7 requires that all easements, existing and proposed, must be accurately 237 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 23 of 35 depicted and addressed on the final plat and in the final plat application. Public utilities will be located within dedicated street right of ways. Code provision #9 states where the sewer system is located outside of the proposed right of way for Phase 1, a City standard sewer easement must be provided. Access must be provided to all sanitary sewer lines and manholes Ten foot front yard utility easements are depicted on the preliminary plat and are proposed to be granted with the final plat in accordance with standards. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the developable area of the phase 1 subdivision. Local streets (Harvest Parkway, Rosa Way, Twin Lakes Avenue, Wellspring Drive, and Dayspring Avenue) are proposed to provide access to all lots within the phase 1 subdivision. Cottonwood Road, and West Oak Street both arterials, provides access to the subdivision from all directions. All of the proposed lots have frontage to a public street. Physical access to each lot is proposed via public streets and/or a public access and utility easement through Blocks 1 and 2. The final plat musts contain a statement requiring lot accesses to be built to the standards contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications per BMC requirements. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture This subdivision will not impact agriculture. The subject property is designated as residential and commercial according to the City of Bozeman Community Plan. The area is zoned for residential mixed use high density development, and community business. The site is historically used for grazing and irrigated crops, but the home and agricultural buildings are all vacant. 2) The effect on Agricultural water user facilities This subdivision will not impact agricultural water user facilities. Two main watercourses exist on site, Baxter Creek and Baxter Ditch and have been traditionally used to irrigate the subject property. Wetlands exist adjacent to the watercourses and are preliminarily determined to be jurisdictional, although no United States Army Corps of Engineers review has yet been conducted. A series of culverts is proposed to allow roadways to be developed over top of the water resources without inhibiting flow or downstream users. Code provision #11B requires proper sizing of road culvert crossings to pass flood discharge without overtopping the roadway. No lateral ditches related to Farmers Canal are affected by this proposed subdivision. 3) The effect on Local services Water/Sewer – Water capacity exists to serve the subdivision. A municipal water main must be extended north along Cottonwood Road to serve the subdivision. There is an existing main along West Oak Street, and eventually a new main in the future Laurel Parkway, and a new main along 238 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 24 of 35 Baxter Lane will create a looped system. The subdivider proposes to extend water and sewer mains within all local and collector streets within the subdivision. Code provision #9 requires a city standard sewer easement where the sewer system is located outside of the proposed right of way for phase 1. Code provision #3 requires the applicant to submit plans for water and sewer main extensions, approved by the Montana Department of Environmental Quality, to be reviewed by the City. Building permits will not be issued prior to city acceptance of site infrastructure improvements, unless concurrent construction is requested and conditions allow. Capital improvements are currently in progress to expand wastewater capacity serving the subject property via the Norton East Ranch Outfall and Davis Lane Lift Station. Code provision #7 requires the projects be complete prior to final plat approval, and code provision #8 is also related to wastewater capacity. Water rights exist for the subject property, the applicant proposes to transfer to City ownership existing water rights. Code provision #10 requires the applicant and the City to enter into an agreement containing provisions for water rights ownership transfer prior to final plat approval. Streets – The Growth Policy and subdivision standards require adequate connectivity of the street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate congestion. The preliminary plat for the phase 1 layout extends local streets (Rosa Way, Twin Lakes Avenue, and Harvest Parkway) through the subdivision in accordance with block length standards and provisions to extend streets to undeveloped land. New local streets (Wellspring Drive, and Dayspring Avenue) will be created to serve internal lots. Cottonwood Road is required to be constructed to the phase 1 boundary with final plat. Code provision #5 states that the development is responsible for the local share of Cottonwood road. The developer has requested to pay cash-in-lieu of infrastructure prior to final plat approval. With the first phase Oak Street must be completed where adjacent to the phase 1 boundary prior to final plat approval. All streets are proposed to be constructed to city standards and the City accepts maintenance for all streets. Furthermore, Street easements must be provided for all streets identified in the underlying master site plan approval to ensure access is provided to all lots within the subdivision, and provide predictability for future subdivision development. Code provision #6 details this requirement. No intersections within the required analysis distance to this subdivision are operating under a level of service required by the code. No intersection improvements are required with the phase 1 subdivision. Future subdivision development of the restricted lots will be evaluated at the time of subdivision. Street lighting is a component of the required street improvements. A special improvement lighting district is proposed to maintain these facilities. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. Stormwater - The subdivision will construct storm water control facilities to conform to municipal code. Some temporary surface stormwater facilities are proposed to serve phase 1, 239 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 25 of 35 with an additional permanent pond within city parkland. Condition of approval #24 requires temporary stormwater easements be provided for stormwater infrastructure supporting the subdivision located outside of the proposed developable area. Inspection of installed facilities prior to final plat will verify that standards have been met. Condition of approval #26 states that maintenance of the storm water facilities outside of public right of way is an obligation of the property owners’ association. Condition of approval #25 also relates to this issue. Parklands - The proposal meets the required park dedication and improvement standards with conditions and code provisions if the parks master plan is approved by the Commission. The Parks Planning and Development Manager reviewed the master site plan and proposed Homestead Park plan. The Subdivision Review Committee of the Recreation and Parks Advisory Board reviewed the proposal on October 27, 2020, which consists of Homestead Park, a 16-acre park spanning both sides of Baxter Ditch and consisting of 4.2 acres of unrestricted active parkland and the remainder of watercourse and wetlands. The unrestricted “upland” park areas are connected by a loop of trails that that run the length of the subdivision from north to south and cross Baxter Ditch in two locations with pedestrian bridges. The park, is divided into 3 separate park parcels, each spanning the long central blocks of the development, providing long segments of trail. Park Parcel 1 meets the intent of Linear Parks within the Parks, Recreation, Open Space and Trails Plan (PROST), Parcel 2 and 3 meet frontage requirements for dedicated park. “East-West Park Connectors” are proposed as conceptual parkland areas to be further developed upon subsequent development of restricted lots created within Phase 1 of the subdivision. The Park Master Plan commits an additional 2 acres of parkland on each side of Homestead Park for a total of 4 additional unrestricted park areas (8.2 acres total). The remaining estimated 7.52 acres of required parkland are proposed as either additional park or improvements-in-lieu of parkland as listed generally on the Homestead Park Vision sheet and more specifically within the Park Master Plan “Potential Park Amenities” sheets. A final park plan will be completed and approved with the final plat. The proposed park plan includes dedication of land with improvements to meet the obligation for the subdivision. Future development will be required to provide a combination of dedicated land and cash in lieu of parkland once the density is known. 4) The effect on the Natural environment No significant negative impacts to the natural environment have been identified. Two primary watercourses exist on the subject property with associated wetlands, Baxter Creek on the western edge, and Baxter Ditch runs through the center. The entire eastern half of the subject property, east of Baxter Ditch where phase 1 is proposed, has been historically filled, tilled, planted, and irrigated eliminating wetland qualities in those areas. Where intact wetlands and watercourses are present setbacks have been delineated and identified pursuant to BMC 38.410.100. The wetland delineation report identifies many areas where the quality of wetland soil and plants has been degraded due to cattle use and grazing. Proposed impacts to these areas are as follows. 240 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 26 of 35 Road crossings will require the watercourses to be culverted in at least four places. Conditions of approval related to this issue are located in Section 4 of this report and include condition #12 requiring appropriate permitting from the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers. A drain tile system exists through the eastern half of the property and has been traditionally used for agricultural ground dewatering. A letter from the Gallatin Conservation District, provided in the application materials states that this drained swell, where the tile has been damaged and repaired, is not a natural watercourse or irrigation facility and does not convey water from other properties. The applicant has proposed to redesign this system. Condition of approval #18 requires maintenance easements restricting the construction of structures within the easement. The site is in an area of high groundwater which may negatively impact future structures or cause illicit discharges into the sanitary sewer and over burden the surface drainage system. Condition 21 prohibits use of basements or crawl spaces unless a professional engineer certifies that the structure has been designed in such a way to accommodate seasonal high groundwater and requires addition of a notation of this restriction on the conditions of approval sheet. This requirement will protect both future structure owners from future hazards of flooding and lessen burden on the public from illicit discharges. The watercourses present the possibility of flooding, conditions of approval #22 and #23 are related to this issue. Code provision #11 requires a City floodplain permit for any development occurring in the floodplain delineated in the flood hazard analysis provided in the application materials. Mitigation of this flood hazard includes recommendation for fill to be added to the site. As stated above, where fill impacts wetlands or watercourses mitigation is required with local, state, and federal permitting. Watercourse setback planting along both watercourses, and park development is proposed primarily along Baxter Ditch. As stated above plants and soils along the watercourse have been severely degraded due to agricultural activities, and noxious weeds are widespread. A landscaping framework, proposed with the approved master site plan, proposes enhancing the native lowland and upland areas with shrubs and trees to significantly improve the quality of the watercourse and guide its character long term as a natural amenity for Bozeman residents. Future planting plans will be required as the property develops and will be reviewed according to standards in place at the time. No other impacts to the natural environment are identified. BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces rather than municipal water supply. The application will irrigate parkland, open space or other public lands landscaping with wells. 5) The effect on Wildlife and wildlife habitat The subdivision will not significantly impact wildlife and wildlife habitat. There are no known endangered or threatened species on the property. Habitat quality has been substantially 241 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 27 of 35 impacted by agriculture and grazing. A letter from Mike Duncan, Fisheries Biologist with State of Montana Fish Wildlife and Parks states that “Stream corridors, their fish, and other amenities streams provide is a primary driver for growth in Gallatin County and they should be protected commensurate to their importance.” Mr. Duncan provided suggestions related to additional watercourse setbacks, and preventing discharge of harmful substances, sediment, and other contaminants as the property develops. Low Impact Design (LID) to mitigate stormwater is required in the REMU zoning district and encouraged across the entirety of the development. Proposed watercourse setback plantings that have the potential to improve stream habitat are described in the above section. 6) The effect on Public health and safety With the recommended conditions of approval and required plat corrections, the subdivision will not significantly impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title with conditions and code provisions. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. Condition of approval 1 requires full compliance with all applicable code requirements. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on January 13, 2020. Staff offers the following summary comments on the supplemental information required with Article 38.220.060, BMC. 38.220.060.A.1 Surface Water Two perennial stream exist on the property with their associated riverine wetlands. As discussed above the quality of plants, soils, and water resources varies across the property. This subdivision provides the opportunity to rehabilitate surface water resources with watercourse setback plantings and weed mitigation. Condition of approval #12 requires that the applicant contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant prior to commencing any improvements within watercourse and wetland areas. 38.220.060.A.2 Floodplains Two non-federal 100-year floodplains have been analyzed and associated with Baxter Creek and Baxter Ditch. A flood hazard analysis report completed in 2019 is included with the application 242 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 28 of 35 materials. Analysis concluded that all flood waters will be contained within the existing banks of Baxter Creek, and a majority of flood waters will be contained within the existing banks of Baxter Ditch. Recommendations related to Baxter Creek to additionally mitigate flood hazard include maintaining a minimum floor elevation of at least two feet above the identified flood water surface elevation. Recommendations related to Baxter Ditch identify areas where flooding will overtop banks, and fill is recommended along the outer 20-feet of the wetland setbacks in those areas. Condition of approval #22 requires a note be added to the final plat requiring that all finish floor elevations for structures within the flood hazard be identified for each impacted lot. Condition of approval #23 requires streets adjacent to Baxter Ditch be designed to ensure that the back of sidewalk is a minimum one foot above the projected flood water surface elevation. Code provision #11 requires a flood plain permit for any development occurring in the floodplain. The City cannot issue floodplain permit approval until all other necessary permits have been issued by agencies having jurisdiction. The applicant must submit all necessary permits and receive approval from the City prior to final plat. The Flood Hazard Evaluation provided has not been approved. City’s Floodplain Coordinator has provided the following comments: a. The report finds that floodwater could reach elevations in proposed lots based on existing topography. To mitigate the flood hazard due to existing topography, the report recommends fill be placed to keep the floodwater contained within the confines of the outer 20’ of the wetland setback. b. Neither the flood hazard report nor the drainage report provide any information for sizing the stream crossings for the internal subdivision roads. These reports need to be updated to size the internal road culvert crossings. The hydraulics of the internal crossings feeds back to the flood report in that fill locations (including roads) and crossing capacities needs to be accounted for in producing the proposed floodplain area. It is recommended that the crossings be sized to pass the flood discharge without overtopping the roadway. 38.220.060.A.3 Groundwater With the recommended conditions of approval and required plat corrections, the subdivision groundwater impacts will be successfully mitigated. The geotechnical investigation report, and groundwater modeling is included in the application submittal. Groundwater was encountered in all test pit excavations. Groundwater depth shown in test pits ranges between 4 to 7 feet. A groundwater flow model for managing groundwater levels was provided by Water & Environmental Technologies (WET). WET states that “presently agricultural drains are in place at the footprint of the proposed development which acted to control shallow groundwater for land cultivation purposes … Given those drains are relatively shallow, and, given that there are questions about their integrity, it was determined that it would be appropriate to construct an engineered drain system as part of the overall development plans.” Those models; and proposed drain system location are included in the application materials and have been reviewed by the Engineering Division. Conditions of approval 17, 20, 21, are related to groundwater and groundwater dewatering including the restriction of basements and crawl spaces. 243 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 29 of 35 BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces rather than municipal water supply. The application requests to irrigate parkland, open space or other public lands landscaping with wells per code requirements. 38.220.060.A.4 Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. Soils encountered during testing show a layer of vegetated topsoil, underlain by a layer of silty clay with sand to depths ranging from 1.5 to 4 feet. Beneath the silty clay with sand layer; gravel sand and cobbles were encountered 8.5 to 9 feet below existing site grades. There are no hazardous features associated with this soil type, and foundations “can bear on the native gravel with sand layer,” however it is recommended that “it may be advantageous to place 1 foot of structural fill under building envelopes to aid in concrete forming and provide a uniform bearing surface.” Additionally, due to high groundwater levels in the area it is advised against constructing buildings with full or partial basements, a condition of approval is recommended to address this issue. The geotechnical report is included in the application materials. 38.220.060.A.5 Vegetation This subdivision will not significantly impact vegetation. No substantial native vegetation was identified. Comment from state Montana Fish Wildlife and Parks found no immediate negative effects with proper drainage and mitigation techniques. The area has been substantially disturbed by animals and grazing which has displaced most original plants. 38.220.060.A.6 Wildlife This subdivision will not significantly impact wildlife with conditions and code provisions. See comments above under primary review criteria. 38.220.060.A.7 Historical Features This section requires documentation from the State Historic Preservation Office (SHPO) for any known or possible “historic, paleontological, archaeological, or cultural sites, structures, or objects which may be affected by the proposed subdivision.” Potential or known historic areas are required to be identified, protective measures described if applicable, and impact discussed. A letter from Damon Mundo the Cultural Records Manager at SHPO is included in the application materials. Mundo states that research into records indicated that there “have been no previously recorded [historic] sites within the designated search locale.” However, there are existing structures over 50 years old on the subject property, making them eligible for listing on the National Register of Historic Places. This eligibility is usually determined with the completion of a Montana Historic Property Record Form provided by SHPO and completed by an architectural historian. Mundo states that there have been no previously recorded historic sites on the subject property based on their records, but he also states that “few previously conducted cultural resource inventories have been done in the area.” He goes on to write “Based on the lack of previous inventory and the ground disturbance required by this undertaking we feel that this property has potential to impact cultural properties.” Historic preservation of eligible structures 244 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 30 of 35 is only required by Bozeman Municipal Code within the regulatory area of the Neighborhood Conservation Overlay District (NCOD) and does not apply to this property. However, code provision #25 requires clarification from the applicant and SHPO regarding any potentially eligible historic or cultural resources on site prior to final plat. 38.220.060.A.8 Agriculture This subdivision will not significantly impact agriculture. See discussion above under primary review criteria. 38.220.060.A.9 Agricultural Water User Facilities This subdivision will not significantly impact agricultural water user facilities. See discussion above under primary review criteria. 38.220.060.A.10 Water and Sewer The subdivision will not significantly burden city water and sewer infrastructure with the recommended conditions of approval and code provisions. See discussion above under primary review criteria. The required design report has been provided. Formal plans and specifications will be prepared and reviewed after action on the preliminary plat. 38.220.060.A.11 Stormwater Management The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. Permits from the State for stormwater control will be required prior to any onsite construction. 38.220.060.A.12 Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure and will provide adequate improvements to support the development. See discussion above under primary review criteria. 38.220.060.A.13 Utilities This subdivision will not significantly impact utilities. All private utilities servicing the subdivision will be installed underground. See discussion above under primary review criteria regarding extension of water and sewer. All private utilities are available in the area. 38.220.060.A.14 Educational Facilities No response from Bozeman School District #7 was provided. Code correction #21 requires a response to be provided from the school district regarding impacts the subdivision will have on educational facilities. 38.220.060.A.15 Land Use The use proposed is mixed use residential and community commercial which conforms to the future land use designations and zoning purposes. The property has a future land use designation of Residential Mixed Use and Community Commercial Mixed Use and is zoned REMU, Residential Emphasis Mixed Use and B-2M, Community Business - Mixed. The correlation table 245 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 31 of 35 on page 58 of the 2020 Community Plan shows REMU and B-2M zoning as implementing districts of the Residential Mixed Use, and Community Commercial Mixed Use land use designations. 38.220.060.A.16 Parks and Recreation Facilities See discussion above under primary review criteria. 38.220.060.A.17 Neighborhood Center Plan The neighborhood center will be provided by the proposed commercial development within the subdivision. The application materials indicate the 15 acre area is intended to have uses “such as daycares, smaller scale groceries, bakeries, coffee shops, retail stores, small restaurants, and offices.” The code allows the requirement that the neighborhood center be within 600 feet from the geographic center point of the development may be waived if the center is a neighborhood commercial center. New neighborhood commercial centers are subject to the community design framework master plan provisions of sections 38.230.130 and 38.510.030.L establishing block frontage designations for future development. Condition of approval #6 requires the applicant to update the Community Design Framework Master Plan with the Phase 1 final plat application which establishes the parcels for the commercial node. Further project design review of the commercial node is expected with subsequent development review applications required for commercial development. 38.220.060.A.18 Lighting Plan Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed must use LED light heads and must conform to the City’s requirement for cut-off shields as required by the City’s specifications. A Special Improvement Lighting District (SILD) will be created prior to final plat application. Code provision 17 is related to this issue. 38.220.060.A.19 Miscellaneous The proposed subdivision will improve the access to public lands by including additional City parkland. A Master Site Plan Application no. 19440 was approved on December 22, 2020. Section 38.310.060.B requires a master site plan or PUD review in all REMU zoning districts larger than 5-acres. This plan is intended to provide a design framework and act as a guiding document for REMU zoning compliance for phase 1 and all future subdivisions within the subject property. 38.220.060.A.20 Affordable Housing Phase 1 of the subdivision application is not subject to affordable housing requirement as no market rate homes are proposed. Affordable housing requirements will be evaluated with each subsequent subdivision or site plan application. 246 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 32 of 35 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The property is zoned REMU, Residential Emphasis Mixed Use District. The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3 .Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b .Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e .Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian- oriented complete streets. 5.Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; b. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; d. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8 .Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c .Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design 247 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 33 of 35 Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. The property is also zoned B-2M, Community Business District – Mixed. The intent of the B-2M community business district-mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. Adopted Growth Policy Designation: This property is designated as Residential Mixed Use in the 2020 Community Plan. This category promotes neighborhoods substantially dominated by housing, yet integrated with small-scale commercial and civic uses. The housing can include single-attached and small single-detached dwellings, apartments, and live-work units. If buildings include ground floor commercial uses, residences should be located on upper floor. Variation in building mass, height, and other design characteristics should contribute to a complete and interesting streetscape. Secondary supporting uses, such as retail, office, and civic uses, are permitted on the ground floor. All uses should complement existing and planned residential uses. Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation in larger structures. Stand alone, large, non-residential uses are discouraged. Non- residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is appropriate near commercial centers. Larger areas should be well served by multimodal transportation routes. Multi-unit, higher density, urban development is expected. Any development within this category should have a well-integrated transportation and open space network that encourages pedestrian activity and provides ready- access within and adjacent development. While the nature of development for the entire REMU area in this subdivision is not yet known, development will be guided according to the Residential Emphasis Mixed Use (REMU) zoning designation that correlates with this district. The applicant has proposed multi-household higher density housing adjacent to the commercial node in the approved master site plan associated with this site, with medium and lower density attached and detached single-household making up the balance of the plan. This property is also designated as Community Commercial Mixed Use. The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. 248 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 34 of 35 Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre. The proposed subdivision is meeting the 2020 Plan with the commercial areas that will serve both the surrounding neighborhoods and broader community, and will function as a service center for the neighborhoods within the development. The southeast corner of the proposed master site plan has this community plan designation and is approximately 29 acres, with 15 acres being developed with primarily commercial uses. This commercial area will serve two functions with appropriate land uses placed along two arterial roads to serve the broader community including the new Gallatin High School, adjacent residential neighborhoods, and activities in the adjacent Sports Park, as well as functioning as the neighborhood center for the larger development with bicycle and pedestrian connectivity from within the broader 160 acres. APPENDIX B – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City Commission public hearings. BMC 38.220.420, Notice was provided by posting the site, mailing by certified mail to adjacent property owners and by first class mail to all other owners within 200 feet on January 10, 2021. The site was posted with a notice on January 10, 2021, and a legal advertisement was published in the Bozeman Daily Chronicle on January 10, 2021. Content of the notice contained all elements required by Article 38.220., BMC. No public comment has been received. APPENDIX C – PROJECT BACKGROUND Resolution 5078 was approved by the City Commission on June 24, 2019 annexing the subject property into the City. Ordinance 2021 adopting zoning of REMU and B-2M was approved on July 15, 2019. A subdivision pre-application plan was reviewed by the Development Review 249 20113, Staff Report Northwest Crossing Phase 1 Major Subdivision Page 35 of 35 Committee in January of 2020. A Master Site Plan Application no. 19440 was approved on December 22, 2020. Section 38.310.060.B requires a master site plan or PUD review in all REMU zoning districts larger than 5-acres. This plan is intended to provide a design framework for phase 1 and all future subdivisions within the subject property. The entitlement period for the master site plan is 5 years. APPENDIX D - OWNER INFORMATION Owner/Applicant: NWX, LLC, 1735 S. 19 th Ave., Suite B, Bozeman, MT 59718 Representatives: Morrison-Maierle, Inc., 2880 Technology Blvd. West, Bozeman, MT 59771 Report By: Danielle Garber, Associate Planner. ATTACHMENTS The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project Documents Folder” link and navigate to application #20113, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive linked agenda materials and the full file is linked below. http://weblink.bozeman.net/WebLink8/0/fol/210791/Row1.aspx This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=20-113 Public Comment: None to date 250 City Commission Memorandum REPORT TO: City Commission FROM: Addi Jadin – Parks Planning and Development Manager Mitch Overton – Director of Parks and Recreation Chuck Winn – Assistant City Manager SUBJECT: Park Master Plan for Northwest Crossing Master Site Plan Application 19440 MEETING DATE: February 2, 2021 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve the Park Master Plan for Northwest Crossing Master Site Plan Application 19440 with conditions and all applicable code provisions. RECOMMENDED MOTION: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19440 related to the Northwest Crossing Park Master Plan and move to approve the Park Master Plan with conditions and subject to all applicable code provisions. STRATEGIC PLAN OBJECTIVES: 3.4 Active Recreation 4.2 High Quality Urban Approach 6.5 Parks, Trails & Open Space BACKGROUND: On October 30, 2020, the Recreation and Parks Advisory Board recommended approval of the parks master plan for the Northwester Crossing Master Site Plan application no. 19440 with recommended conditions of approval and code corrections. The Parks Planning and Development Manager reviewed and accepted the code corrections and the Master Site Plan application was approved by the Director of Community Development on December 22, 2020 with details about the Park Master Plan summarized in Section 6.c. on page 20 and condition of approval no. 7 requiring commission approval of the associated park master plan in accordance with the Parks, Recreation, Open Space and Trails Plan (PROST). SUMMARY OF PARKLAND REQUIREMENTS AND PROPOSAL: 251 Staff agrees with the above analysis of net area and net density provided on sheet “4 MSP 1.04” of the Northwest Crossing Park Master Plan and the determination that required parkland at the time of subdivision is 15.72 acres, in accordance with Section 38.420.020 of the Bozeman Municipal Code. The applicants have proposed to provide 8.2 acres total unrestricted parkland, 10.12 acres watercourse and wetlands as additional land not counted toward requirements, and the additional balance of 7.52 acres required as either improvements-in-lieu or additional land depending on the future subdivision and development of restricted lots. The remaining balance of parkland owed up to 12 du/acre will be provided as either cash- or improvements-in-lieu upon future site plan development of the sites. Homestead Park, a 14.32-acre park spanning both sides of Baxter Ditch and consisting of approximately 4.2 acres of unrestricted active parkland and 10.12 acres of watercourse and wetlands. The unrestricted “upland” park areas are connected by a loop of trails that that run the length of the subdivision from north to south and cross Baxter Ditch in two locations with pedestrian bridges. Homestead Park is divided into 3 separate park parcels, each spanning the long central blocks of the development and therefore providing long segments of trail that meet the intent of Linear Parks within the Parks, Recreation, Open Space and Trails Plan (PROST); however, given the larger active areas and the improvements to be included within Park Parcels P2 and P3, they are required to meet the frontage requirements of a neighborhood park to ensure proper public access. The parkland is well connected by trail loops including pedestrian bridge crossings over Baxter Ditch. With this application, “East-West Park Connectors” are proposed as conceptual parkland areas to be further developed upon subsequent development of restricted lots created within Phase 1 of the subdivision. The Park Master Plan commits to the addition of an additional 2 acres of parkland on each side of Homestead Park for a total of 4 additional unrestricted park areas (8.2 acres total). The conceptual east/west connector parks allow flexibility for future developers but indicate the desire to for a well-integrated park system linking Homestead Park to the Bozeman Sports Park and future developments to the west. Conditions of approval 37 and 38 ensure that any future parks not already shown are given full review for compliance with the park master plan and applicable code or PROST Plan requirements. The remaining estimated 7.52 acres of required parkland are proposed as either additional park or improvements-in-lieu of parkland as listed generally on the Homestead Park Vision sheet and more specifically within the Park Master Plan “Potential Park Amenities” sheets. In approving the park master plan, the commission is also agreeing to the inclusion of the watercourse setbacks and stormwater facilities (with conditions) within the design of the larger 252 park area; however staff does not recommend that the land be counted toward the required parkland amount. In addition, any stormwater facilities shall remain the long-term maintenance responsibility of the Property Owners Association. Inclusion of the above is not considered a “waiver” and the equivalent area of land shall be provided as either land or CILP as recommended by the Recreation and Parks Advisory Board and finally approved by the City Commission. This land will provide valuable trail connections and frontage for the park. Furthermore, staff finds that that name proposed for the key park meets the guidelines within the Park Naming Policy. Sign locations will be determined at the time of individual park master plan review and will be balanced with wayfinding consistent with Parks and Recreation Department adopted signage at the time of review. ISSUE RESOLVED: The Northwest Crossing Master Site Plan Application no. 19440 states that the Northwest Crossing Park Master Plan, to be adopted concurrently with the preliminary plat application, should reflect the known phasing boundary and parkland requirements for Phase 1 Subdivision or a Master Plan Amendment would be required. As indicated in the conditions of approval code corrections (See Page 4 of the master site plan staff report), the current phase 1 parkland proposal is inadequate for continued review and must include a request for cash-in-lieu of parkland for the B-2M residential lot with final plat approval. Code corrections 19, 20, and 22 in the preliminary plat application no. 20113 staff report address parkland requirements. Condition of approval 27 requires the applicant to demonstrate compliance with the parkland dedication requirements of Section 38.420.020 with final plat. CONDITIONS OF APPROVAL: In addition to the condition of approval no. 7 requiring park master plan adoption by the commission, the following conditions of approval from the Master Site Plan Staff Report, application no. 19440, are applicable to the park master plan: 5. All dedicated parklands including those dedicated by easement and linear parkways shall be titled “Public Park” on the final plans. 6. The parkland tracking table in the design guidelines must be updated with each phase of development including subsequent site plan and subdivision review. 11. Wayfinding within public parks and trails must be coordinated with the existing City standard signage or other signage wayfinding programs that are adopted prior to parkland development. 32. An approved Park Master Plan is required prior to preliminary plat approval. All conditions of approval as approved by the Commission for the Park Master Plan shall be considered part of the Master Site Plan. 33. The Master Park Plan Conditions of Approval shall be added as an addendum to the Park Master Plan. 34. Each subsequent park phase shall have a balance of land and improvements as depicted in the park master plan (roughly 50% as land and 50% as improvements in lieu). Future phased individual parkland proposals must be shown to individually meet the criteria for cash-or- improvements-in-lieu of parkland in Resolution 4784. 253 35. Future phases that include new parkland shall be adopted as amendments to the NWX Park Master Plan and all future final plat or site plan applications shall provide updated Parkland Tracking Tables updated sequentially. 36. Although an easement or parkland dedication is required at the time of initial subdivision for the entire Homestead or other park, the Parks and Recreation Department does not assume maintenance responsibility until improvements within each phase have been installed and fully accepted on behalf of the City. 37. East/West Connector parks shall provide a balance to the linear nature of Homestead Park and will be reviewed against the frontage requirements of the UDC and guidelines for linear parks within the citywide park plan. Linear parks on short blocks with private frontage do not meet the intent as described in the PROST and are typically accepted as open space parcels. 38. Upon phased development of Homestead Park and other subdivision parks, the individual park master plans shall be reviewed for compliance with the requirements of the Unified Development Code, PROST Plan or other citywide park master plan, Park-naming policy, CILP Criteria and other relevant requirements, including but not limited to the following: i. The pathway corridors within required watercourse setbacks have been accepted within the design of the larger Homestead Park. ii. Homestead Park Master Plan conceptually approves inclusion of the stormwater features within the larger park boundary given the value of consistent trail ownership/management and parkland frontage; however inclusion is based on trail width and other drainage facility design considerations. 39. Trail Classifications per 38.420.110. shall be determined at the time of individual park plan review. 40. At the time of development of the first park parcel of Homestead Park, with the preliminary plat or plan, the developer must provide an evaluation of the future maintenance requirements for the wetland(s) and a preliminary maintenance plan, both prepared by a qualified person or agency (PROST) UNRESOLVED ISSUES: None. ALTERNATIVES: Per City Commission. FISCAL EFFECTS: None associated with the Park Master Plan. Future applications may include cash-in-lieu of parkland or equal improvements-in-lieu in addition to developed parkland transferred to the City. ATTACHMENTS: Northwest Crossing Master Site Plan Staff Report Application 19440 Northwest Crossing Master Park Plan The full Master Site Plan file may be viewed at: http://weblink.bozeman.net/WebLink8/0/fol/210791/Row1.aspx Report compiled: January 26, 2021 254 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 1 of 23 Application No. 19440 Type Master Site Plan Project Name Northwest Crossing Summary A master site plan application for approximately 160 acres zoned B-2M and REMU northwest of the corner of North Cottonwood and West Oak. Bound on the south by Oak, East by Cottonwood and north by Baxter Lane. The master site plan contains the park vision plan, a wetland delineation, street design, phasing, and infrastructure requirements. Zoning B-2M & REMU Growth Policy 2009 – Residential Emphasis Mixed Use & Community Commercial Mixed Use 2020 – Residential Mixed Use & Community Commercial Mixed Use (See #1 under Analysis & Findings) Parcel Size 160 acres Overlay District(s) None Street Address 5250 Baxter Lane (currently) Legal Description S04, T02 S, R05 E, C.O.S. 2552, Tract 5 NE4, City of Bozeman, Gallatin County, MT Owner NWX, LLC, 1735 S. 19th Avenue, Bozeman, MT 59715 Applicant Same as owner Representative Locati Architects, Laura Dornberger, 1007 E. Main Suite 202, Bozeman, MT 59715 Staff Planner Danielle Garber Engineer Griffin Nielsen Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 11/20/2020 to 12/7/2020 11/20/2020 11/20/2020 N/A Advisory Boards Board Date Recommendation DRC 11/18/2020 Adequacy ADR 11/16/2020 Preliminary Approval RPAB 10/27/2020 Preliminary Approval with conditions and code provisions. Recommendation Preliminary Approval Decision Authority Director of Community Development Date 12/21/2020 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 255 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 2 of 23 FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan described in this report was conducted. The applicant proposed to the City a Master Site Plan (MSP) to guide the development of approximately 160 acres zoned REMU and B-2M. The purposes of the MSP review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Master Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Master Site Plan would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision. C) The Master Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this ______ day of ________________, 2020, Martin Matsen, Director of Community Development, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections are required and will be included with the final report provided to the Director of Community Development 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The initial master plan entitlement is five years from the date of the Planning Directors signature on the final plan. Extensions to this initial timeframe may be requested per 38.230.140.F. 3. Each phase of this master site plan shall be evaluated independently at the time of development. Aspects including (but not limited to) water rights or cash in lieu of water rights, required parkland, grading and drainage, watercourse and wetlands requirements, payback districts, off site infrastructure improvements, affordable housing ordinance requirements, and waivers of right to protest will all be evaluated with each phase at the time of development. DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 256 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 3 of 23 4. Further master site plan review is required for all phases that meet or exceed the thresholds in Section 38.230.020 – Classification of plans. 5. All dedicated parklands including those dedicated by easement and linear parkways shall be titled “Public Park” on the final plans. 6. The parkland tracking table in the design guidelines must be updated with each phase of development including subsequent site plan and subdivision review. 7. Final approval by the City Commission for the Master Park Plan is required prior to final Master Site Plan approval. 8. Non-residential uses in the REMU district must not exceed 30 percent of the total gross building square footage of all uses within the master planned area. The tracking table for non-residential uses in the design guidelines must be updated with each phase of development including subsequent site plan and subdivision review. 9. The Montana Department of Fish, Wildlife & Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final plat approval. 10. A separate Comprehensive Sign Plan application is required prior to the installation of any wayfinding, subdivision and multi-tenant complex identification, or commercial signage. This comprehensive sign plan will have 2 parts: i. Provide sign design, elevations, and a map for all wayfinding signs for the district to be installed and maintained by the property owners association. Clearly describe the hierarchy of signs and include the criteria for determining sign placement and size. Any signs intended to be read from the right-of-way must comply with the lettering standards of the Manual for Uniform Traffic Control Devices for the road type and speed. ii. Provide a comprehensive sign plan for the commercial areas of the development to guide commercial sign permitting. The purpose of the plan is to coordinate sign types, design, materials, lighting, location, and supports. 11. Wayfinding within public parks and trails must be coordinated with the existing City standard signage or other signage wayfinding programs that are adopted prior to parkland development. 12. The traffic impact study does not provide a detailed analysis for phased development as such must be updated with each phase of the development. The updates must include verifying traffic counts and incorporating changes to the surrounding transportation system. The updated study will be required prior to preliminary plat adequacy for each phase. 13. The all streets and transportation pathways must meet the City’s design standards. The street layout provided in this application is considered conceptual and will be reviewed for full compliance with the future subdivision applications. 14. Prior to the development of the intersection of Baxter Lane and Laurel Parkway, a detailed analysis must be performed to determine the intersection design. As present, the traffic impact study notes the need for either a roundabout or signal. 15. Prior to the development of the intersection of Oak Street and Laurel Parkway, a detailed analysis must be performed to determine the intersection design. 16. A "1 foot No Access" strip must be placed along the Cottonwood Road frontage of any lot for which the City’s access separation requirement cannot be fully met. This will be listed as a condition of approval for future subdivision. 17. A "1 foot No Access" strip must be placed along the Oak Street frontage for any lot which the City’s access separation requirement cannot be fully met. This will be listed as a condition of approval for future subdivision. 18. A "1 foot No Access" strip must be placed along the Baxter Lane frontage for any lot which the City’s access separation requirement cannot be fully met. This will be listed as a condition of approval for future subdivision. 19. A "1 foot No Access" strip must be placed along the Laurel Parkway frontage for any lot which the City’s access separation requirement cannot be fully met. This will be listed as a condition of approval for future subdivision. 20. The wastewater report must be updated with each phase of the development. The updated report is required prior to preliminary plat adequacy for each phase. DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 257 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 4 of 23 21. The water design report does not provide a detailed analysis for phased development as such the water report must be updated with each phase of the development. The updated report is required prior to preliminary plat adequacy for each phase. 22. The proposed street cross-sections for the internal streets is conceptual. Lane widths and striping patterns will be shown as “preliminary, not approved by the engineering department” and approved with the future subdivision applications. 23. Due to the high groundwater and increased rate of corrosion with in the clay soils all water mains must have additional cathodic protection. A minimum of V-bio polyrap or approved equal is required by the City. 24. The stormwater plan provided with the application is conceptual. A comprehensive drainage plan is required for all development larger than five acres. "Comprehensive drainage plan" means a stormwater management plan that covers all current and anticipated development on a site greater than five acres and sites planned for phased development, including the impact on existing off-site infrastructure. The comprehensive drainage plan must be provided with the future subdivision. i. Low Impact Design (LID) to mitigate stormwater must be used within the REMU zoning district and is encouraged across the entirety of the development. 25. A pedestrian signal warrant analysis must be provided with the first phase of development in order to determine if additional infrastructure is required to support bike and pedestrian connectivity/crossing. 26. Public transit route options and stop locations must be consider when each phase of development. HRDC or the current transit authorities must be contacted and allowed to comment with each phase. If a transit stop is identify with or adjacent to the development must be completed prior to final plat approval or with subsequent site plan approval. 27. The sanitary sewer within Rosa Way must be extended to the south side of the section of Oak Street required to be constructed. 28. The sanitary sewer must be designed and extended to accept flow from the Laurel Glen lift station. The sewer must be south side of the section of Oak Street required to be constructed. 29. Access must be provided to all sanitary sewer lines and manholes. For mains not located in a street or alley, a 12-foot all- weather surface must be provided and maintained by the property owner's association. In addition, all sewer mains must be located a minimum of ten feet from all structures and major landscaping features including trees. All points where mains are proposed within parks must be approved by both the Public Works and Parks Department. 30. The applicant proposes a transfer to City ownership of existing water rights associated with the subject property. The City hereby elects to accept these existing water rights for transfer to City ownership pursuant to Sec. 38.410.130.A.2 BMC. The transfer of ownership of these existing water rights must be in a form and manner suitable for municipal purposes. The applicant and City shall, prior to final plat approval, enter into an agreement containing mutually acceptable terms and provisions for the water rights ownership transfer. 38.410.130 BMC must be satisfied prior to final plat approval. 31. Easements must be provided for the tile drain system or any alternative dewatering system to ensure long-term access and maintenance. The easements must include language restricting the construction of structures over the tile drain or alternative system. Where the system crosses public right-of-way a utility occupancy permit must be obtained from the City. 32. An approved Park Master Plan is required prior to preliminary plat approval. All conditions of approval as approved by the Commission for the Park Master Plan shall be considered part of the Master Site Plan. 33. The Master Park Plan Conditions of Approval shall be added as an addendum to the Park Master Plan. 34. Each subsequent park phase shall have a balance of land and improvements as depicted in the park master plan (roughly 50% as land and 50% as improvements in lieu). Future phased individual parkland proposals must be shown to individually meet the criteria for cash-or-improvements-in-lieu of parkland in Resolution 4784. 35. Future phases that include new parkland shall be adopted as amendments to the NWX Park Master Plan and all future final plat or site plan applications shall provide updated Parkland Tracking Tables updated sequentially. DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 258 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 5 of 23 36. Although an easement or parkland dedication is required at the time of initial subdivision for the entire Homestead or other park, the Parks and Recreation Department does not assume maintenance responsibility until improvements within each phase have been installed and fully accepted on behalf of the City. 37. East/West Connector parks shall provide a balance to the linear nature of Homestead Park and will be reviewed against the frontage requirements of the UDC and guidelines for linear parks within the citywide park plan. Linear parks on short blocks with private frontage do not meet the intent as described in the PROST and are typically accepted as open space parcels. 38. Upon phased development of Homestead Park and other subdivision parks, the individual park master plans shall be reviewed for compliance with the requirements of the Unified Development Code, PROST Plan or other citywide park master plan, Park-naming policy, CILP Criteria and other relevant requirements, including but not limited to the following: i. The pathway corridors within required watercourse setbacks have been accepted within the design of the larger Homestead Park. ii. Homestead Park Master Plan conceptually approves inclusion of the stormwater features within the larger park boundary given the value of consistent trail ownership/management and parkland frontage; however inclusion is based on trail width and other drainage facility design considerations. 39. Trail Classifications per 38.420.110. shall be determined at the time of individual park plan review. 40. At the time of development of the first park parcel of Homestead Park, with the preliminary plat or plan, the developer must provide an evaluation of the future maintenance requirements for the wetland(s) and a preliminary maintenance plan, both prepared by a qualified person or agency (PROST) CODE REQUIREMENTS 1. BMC 38.270.070. And BMC 38.400.010. The development is responsible for the local share of Baxter Lane, Cottonwood Road, Laurel Parkway, and Baxter Lane. The local share must be provided prior to final plat. a. With the proposed first phase, Cottonwood Road must be completed where adjacent to the development from the intersection to the phase boundary. The section must be complete and accepted by the City or a payment for the development’s local share, per BMC 38.270.070 if approved by the review authority, must be made prior to final plat. b. With the proposed first phase, Oak Street must be completed where adjacent to the development from the intersection to the phase boundary. The section must be completed and accepted by the City and the properties prior to final plat approval. 2. BMC 38.410.070. Municipal Water, Sanitary Sewer and Storm Sewer Systems. - The proposed development falls within the wastewater drainage basin for the Norton East Ranch Outfall and Davis Lane Lift station. The outfall and lift station, listed as Capital Improvement Project (CIP) no. WWIF38 and WWIF31, are currently in progress. The projects must be completed and accepted by the City prior to final plat approval; the City does not guarantee the timing of these projects. 3. BMC 38.410.100. Watercourse Setback – Watercourse setbacks apply to the Baxter Ditch including the defined bed and back along the Baxter Lane. Any alterations to the watercourse will be reviewed with future subdivision applications. If alterations are proposed with a future subdivision written documentation must be provided from all agencies holding jurisdiction of the water course that changes alterations area acceptable prior to plat adequacy. a. Reducing the water course setbacks by filling within the 100-year flood hazard area extending beyond the 50 foot setback will be reviewed future subdivision applications 4. 20’ Wetland Setback “non-qualifying” per BMC 38.420.020.E.1. Adjust tables and “Park Provided” narrative 5. BMC 38.420.020.A.2.a.(2). If net residential density is of development is unknown, 0.03 acres per dwelling unit must be provided, for initial subdivision or other development, within REMU zoning district as an area equal to that required for eight dwelling units or 13.5 persons in group quarters per net acre. 6. BMC 38.420.020.A.2.a.(3). If net residential density is of development is unknown, 0.03 acres per dwelling unit must be provided, for initial subdivision or other development, within B-2M zoning district (“intended for residential development as shown in the Master Site Plan) an area equal to that required for six dwelling units or 13.5 persons DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 259 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 6 of 23 in group quarters per net acre. Cash-in-lieu of Parkland for residential B-2M lot is required at the time of Subdivision Final Plat for the corresponding phase based on the valuation at the time of final plat completeness (38.420.030). 7. BMC 38.230.020. Classification of plans. Master Site Plan Application requirements; a. Provide detailed phasing information including a. proposed phase lines. b. Statement that following approval of a master site plan, the applicant shall submit to the department, sequential individual site plan for specific areas within the master site plan. Each subsequent application for a site plan shall be consistent with the approved master site plan and subject to the review criteria of Section 38.230.100.A BMC. ADVISORY COMMENTS: 1. The commercial development partially presenting in the master site plan application has not been reviewed. Due to the significance of the a above comments and the require changes to the master site plan and the subsequence required subdivision and site plan review required for the development the engineering department cannot provide a complete review. 2. The applicant must submit plans and specifications for water and sewer main extensions, streets, and storm water improvements, prepared and signed by a professional engineer (PE) registered in the State of Montana, which must be provided to and approved by the City Engineer. Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The applicant must also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. Building permits will not be issued prior to City acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.270.030.C of the Bozeman Municipal Code are met to allow for concurrent construction. 3. The Montana Department of Fish, Wildlife & Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to future plat approval. 4. The Applicant is required to update the Community Design Framework Master Plan with the Phase 1 Preliminary Plat Application, and all subdivision applications moving forward to designate Block Frontages on all perimeter and internal streets. DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 260 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 7 of 23 Figure 1: Current Zoning Map DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 261 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 8 of 23 Figure 2: Proposed Master Site Plan and Zoning Boundary Revisions DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 262 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 9 of 23 Figure 3: Transportation Framework Plan DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 263 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 10 of 23 Figure 4: Homestead Park Vision Plan DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 264 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 11 of 23 Figure 5: Pedestrian Connectivity DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 265 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 12 of 23 Figure 6: Bicycle Connectivity DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 266 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 13 of 23 Figure 6: Surface Water and Wetlands DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 267 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 14 of 23 ANALYSIS AND FINDINGS Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use 2009 – Residential Emphasis Mixed Use & Community Commercial Mixed Use 2020 – Residential Mixed Use & Community Commercial Mixed Use Yes Zoning B-2M & REMU Yes Comments: This master site plan was primarily reviewed under the 2009 Community Plan (called the 2009 Plan below), however the project received adequacy on November 18, 2020. On November 17, 2020 the 2020 Community Plan (called the 2020 Plan below) was adopted by the City Commission and immediately went into effect. Staff will provide analysis below from both plans. 2009 Plan: Community Commercial Mixed Use Designation. Activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. The Community Commercial Mixed Use category is distributed at two different scales to serve different purposes. Large Community Commercial Mixed Use areas are significant in size and are activity centers for an area of several square miles surrounding them. These are intended to service the larger community as well as adjacent neighborhoods and are typically distributed on a one-mile radius. Smaller Community Commercial areas are usually in the 10-15 acre size range and are intended to provide primarily local service to an area of approximately one-half mile radius. These commercial centers support and help give identity to individual neighborhoods by providing a visible and distinctive focal point. The southeast corner of the proposed master site plan has this community plan designation and is approximately 29 acres, with 15 acres being developed with primarily commercial uses. This commercial area will serve two functions with appropriate land uses placed along two arterial roads to serve the broader community including the new Gallatin High School, adjacent residential neighborhoods, and activities in the adjacent Sports Park, as well as functioning as the neighborhood center for the larger development with bicycle and pedestrian connectivity from within the broader 160 acres. 2009 Plan: Residential Emphasis Mixed Use Designation. The Residential Emphasis Mixed-Use category promotes neighborhoods with supporting services that are substantially dominated by housing. A diversity of residential housing types should be built on the majority of any area within this category. Housing choice for a variety of households is desired and can include attached and small detached single-household dwellings, apartments, and live-work units. Residences should be included on the upper floors of buildings with ground floor commercial uses. Variation in building massing, height, and other design characteristics should contribute to a complete and interesting streetscape and may be larger than in the Residential category. The proposed master site plan contains approximately 130 acres of land under this designation. The proposed plan includes planning areas for a variety of housing types. While the nature of development for each area is not yet known, development will be guided according to the Residential Emphasis Mixed Use (REMU) zoning designation that correlates with this district. The applicant has proposed multi-household higher density housing adjacent to the commercial node, with medium and lower density attached and detached single-household making up the balance of the plan. The proposed master site plan meets the following goals and objectives of the 2009 Community Plan: DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 268 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 15 of 23  Objective LU-2.1: Locate high-density community scale service centers on a one-mile radius, and neighborhood service centers on a one-half mile radius, to facilitate the efficient use of transportation and public services in providing employment, residential, and other essentials. This proposed master site plan advances this objective by providing a service node approximately 1.5 miles from the commercial center at the corner of Baxter Lane and Davis Road, and approximately 1 mile from the commercial center along North Cottonwood Road to the south. The commercial services provided in this node will serve adjacent neighborhoods and public institutions such as the high school.  Objective C-1.4: Achieve an environment through urban design that maintains and enhances the City’s visual qualities within neighborhood, community and regional commercial areas. This objective is met through the use of a design guidelines document within the master plan intended to guide the planning, design and construction of any proposed development within the master plan area. This is intended to work in tandem with applicable zoning and design regulations at the time of development.  Objective C-2.1: Require adequate and efficient circulation in all subdivisions and site plans and provide connectivity between developments and major destinations for both pedestrians and vehicles, including human powered vehicles. This objective is met through the transportation framework plan included within this master site plan. This framework plan provides the basic street grid, areas with bicycle lanes, and sidewalks and trails within the proposed development and to adjacent neighborhoods and public lands.  Objective C-3.2: Provide for neighborhood focal points to encourage local identity within the community and provide a place for social interaction. The commercial node within this plan will serve as a focal point for the development. It is located at the intersection of two principal arterial streets serving the surrounding areas, while also providing a neighborhood center for residents within the development. Plazas and courtyards in this area are outlined in the design guidelines within the plan providing a place for social interaction.  Objective C-3.5: Integrate a wide variety of open lands such as parks, trails, squares, greens, playing fields, natural areas, orchards and gardens, greenways, and other outdoor spaces into neighborhoods. The proposed plan is meeting this objective by orienting the primary park and open space within the master plan around existing watercourses and wetlands, providing for the enhancement of natural areas, and active areas for residents. As the area develops in the coming years additional parks will be added as required by municipal code and will connect Homestead Park with the surrounding parks and open spaces. 2020 Plan: Community Commercial Mixed Use. The Community Commercial Mixed Use Designation promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed-use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half- mile to one-mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre. As with review of the 2009 Plan, the proposed master site plan is meeting the 2020 Plan with the commercial areas that will serve both the surrounding neighborhoods and broader community, and will function as a service center for the neighborhoods within the development. Higher density multi- household is planned for the areas adjacent to the community commercial node. 2020 Plan Residential Mixed Use. This category promotes neighborhoods substantially dominated by housing, yet integrated with small-scale commercial and civic uses. The housing can include single-attached and small single-detached dwellings, apartments, and live-work units. If buildings include ground floor commercial uses, residences should be located on upper DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 269 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 16 of 23 floor. Variation in building mass, height and other design characteristics should contribute to a complete and interesting streetscape. Just like with the 2009 Plan, the master site plan includes planning areas for a variety of housing types. While the nature of development for each area is not yet known, development will be guided according to the Residential Emphasis Mixed Use (REMU) zoning designation that correlates with this district. REMU zoning allows non-residential uses up to 30% of the total gross building square footage of all uses within the master planned area. The proposed master site plan meets the following goals and objectives of the 2009 Community Plan:  Goal N-1: Support well-planned, walkable neighborhoods. This proposed plan supports this goal by allowing for housing diversity in the REMU and B-2 M zoned areas, encouraging connected parks and services by providing neighborhood focal point development, in close proximity to schools, and near dense multi-unit housing.  Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. The proposed plans advances these goals by planning for higher density residential development along a primary arterial street and a business, service and employment center of approximately 15 acres at a high visibility street corner where Cottonwood and Oak intersect.  Goal EPO-1 & EPO-2: Prioritize strategic acquisition of parks to provide a variety of recreational opportunities throughout the City. Work to ensure that development is responsive to natural features. This goal is advanced by the creation of a new park and linear trail connection along Baxter Ditch. This park will serve to connect to adjacent parks and open spaces, while enhancing the quality of an existing waterway when developed, and encouraging people to access the natural feature. With this application, there is also a request for a minor zoning boundary alignment between the REMU and B-2M district lines. Section 38.300.050.C allows minor adjustments (up to ten percent increase or decrease in area, not to exceed one acre, of either zone on the applicable lot) to the zoning boundary for approval by the Community Development Director. The criteria for making such a determination must include an evaluation of site topography, proximity of non-compatible uses adjacent to the subject property, and overall function and integration of the development with the community. Due to the location of the proposed roadway separating these two zoning districts, staff supports this minor adjustment, which is under the required 10% and 1-acre threshold allowed per this standard. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership NA Comments: Additional steps will be required including but not limited to review of the Preliminary Plat application for Phase 1 that will provide for execution of easements, public right of way dedication, infrastructure review and construction, and the creation of smaller parcels within the overall master planned area. The initial master plan entitlement is five years. Where thresholds detailed in Section 38.230.020 are exceeded by development within this plan, additional master site plan applications will be required. This is anticipated in the commercial and multi-household areas of the Phase 1 plan. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. 3. Conformance with Article, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None Yes Comments: There are no current violations on the property. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 270 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 17 of 23 Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: Multiple Yes Comments: The site plan criteria are met with this project. All appropriate documents and plans were submitted with the application. There is not a determined amount of phases within the master site plan. Each phase outside of phase one is subject to further subdivision review and is required to update the required parkland tracking, as well as the required commercial area tracking system within the REMU district. Condition of approval #3 requires each phase of this master site plan to be evaluated independently at the time of development. Aspects including (but not limited to) water rights or cash in lieu of water rights, required parkland, grading and drainage, watercourse and wetlands requirements, payback districts, off site infrastructure improvements, affordable housing ordinance requirements, and waivers of right to protest will all be evaluated with each phase at the time of development. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Varies Yes Form and intensity standards 38.320 Zoning: B-2M & REMU Setbacks (feet) Structures Parking / Loading NA Front Varies & Subject to Block Frontage Varies & Subject to Block Frontage Rear Varies Varies Side Varies Varies Alley Varies Varies Comments: No structures are proposed with this application. General areas for development are identified, as well as critical infrastructure to support that development including roads, utilities, parks, and trails. Development within each zoning district will be reviewed with subsequent subdivision and site plan applications. Lot coverage None Proposed Allowed Varies NA Building height None Proposed Allowed Varies NA Comments: No structures are proposed with this application. Development within each zoning district will be reviewed with subsequent subdivision and site plan applications. Applicable zone specific or overlay standards 38.330-40 NA Comments: This project is not in an overlay district or special district General land use standards and requirements 38.350 NA Comments: No Structures are currently proposed. Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA NA Comments: There are no supplemental uses currently proposed for this project Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: Residential uses are planned with this development. Affordable housing compliance will be evaluated with subsequent subdivision and site plan applications. See condition of approval #3. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 18 of 23 Street and road dedication 38.400.020 NA Access easements Yes Level of Service 38.400.060 NA Transportation grid adequate to serve site Yes Comments: the Engineering Division reviewed the proposed traffic impact study, roadway alignment and intersections within and around the proposed development. While this master site plan provides a framework, the street layout provided in this application is considered conceptual and will be reviewed for full compliance with the future subdivision applications. Condition of approval #12 states that the traffic impact study does not provide a detailed analysis for phased development and must be updated with each phase of development. This is a high level master site plan. Subsequent subdivision and site plan applications within each phase will also be required to provide detailed traffic demand and impacts that will be evaluated during review for those applications. Conditions of approval 13-19 require further detailed analysis on proposed intersections at Oak Street and Laurel Parkway, and Baxter Lane and Laurel Parkway prior to further development, as well as 1-foot No Access Strips along perimeter collector and arterial roads. Internal street cross-sections and striping patterns are considered preliminary by engineering and will be evaluated in detail with future subdivision applications. Sidewalks 38.400.080 Yes Comments: Framework street sections and a pedestrian connectivity plan were provided with this master site plan. Perimeter interior sidewalks will be required to be installed or guaranteed with the Phase 1 Subdivision application. Drive access 38.400.090 Access to site: 12 Yes Fire lanes, curbs, signage and striping NA Comments: Access to the overall site is proposed from Cottonwood Road, Baxter Lane, West Oak Street and Laurel Parkway. This transportation framework is preliminary and will provide the backbone for access into and through the site that will guide future applications. Future infrastructure not included in Phase 1 will be evaluated with further subdivision and site plan applications. Street vision triangle 38.400.100 NA Transportation pathways 38.400.110 NA Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 NA Comments: A preliminary pedestrian and bicycle connectivity framework plan was provided and reviewed for compliance. Exact trails, bicycle lanes, and sidewalks will be reviewed with future subdivision and site plan applications. Condition of approval #25 requires a pedestrian signal warrant analysis with the first phase of development to determine if additional infrastructure is required to support bike and pedestrian connectivity and crossings. Condition of approval #26 requires public transit route options and stop locations to be considered with the transit authority in place at the time of development to evaluate transit connectivity when development is known. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 Yes Comments: Neighborhood centers are required for developments larger than 10 acres. The Master Site Plan identifies the commercial node as the neighborhood center. This sections states that the geographic center point of the neighborhood center must be no further than 600 feet from the geographic center point of the development. This requirement may be waived if the center is a neighborhood commercial center or is adjacent to a neighborhood commercial center. The proposed neighborhood center is meeting this section. DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 272 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 19 of 23 Lot and block standards 38.410.030-040 Yes Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: Lot and block width and length standards are preliminarily met with this site plan application. Phase 1 includes 4 planning areas or blocks labeled A-D. Through the course of review Wellspring Drive was extended to mitigate block length between blocks C and D. Block width for blocks C and D exceed the 400-foot maximum detailed in this section of the municipal code. However, due to the location of the watercourse and engineering requirements for limited access from primary arterials (Oak), staff supports the proposed design. Block length and width will be further refined with the Phase 1 Preliminary Plat Application. Lot and block design will be further reviewed with subsequent subdivision applications outside of phase 1. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area NA Provisions for utilities including efficient public services and utilities 38.410.050-060 NA Easements (City and public utility rights-of-way etc.) NA Water, sewer, and stormwater NA Other utilities (electric, natural gas, communications) NA CIL of water NA Comments: All easements, disposition of water rights, utility design, and stormwater facilities will be provided with the Phase 1 Preliminary Plat Application. See the conditions of approval beginning on page 2. Municipal infrastructure requirements 38.410.070 NA Comments: Municipal infrastructure will be reviewed in detail with the Phase 1 Preliminary Plat Application. See the conditions of approval beginning on page 2. Grading & drainage 38.410.080 NA Location, design and capacity of stormwater facilities NA Stormwater maintenance plan NA Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H NA Comments: A conceptual drainage plan has been provided with this application for phase 1 drainage and this plan has been preliminarily reviewed by engineering. Condition of approval #24 states a comprehensive drainage plan is required for all development larger than five acres. Comprehensive drainage plan means a stormwater management plan that covers all current and anticipated development on a site greater than five acres and sites planned for phased development, including the impact on existing off-site infrastructure. The comprehensive drainage plan must be provided with the subdivision. Watercourse setback 38.410.100 Yes Watercourse setback planting plan 38.410.100.2.f NA Comments: There are two primary watercourses through the development, Baxter Creek on the far west side, and Baxter Ditch closer to the center. The wetlands on the subject property are emergent riverine wetlands associated with those watercourses. Offsite wetlands adjacent to the west of the subject property were also delineated and provided. There are also wetlands along a roadside ditch along East Baxter Rd that have been delineated on the north edge of the property. The wetlands delineation report, methodology, and findings were reviewed by the City’s wetlands consultant and found to be scientifically sound. An appropriate watercourse setback that includes adjacent wetlands has been provided for this master site plan. Wetland setback plantings, Army Corps review, and mitigation where needed will be provided with further subdivision and site plan applications and evaluated for compliance at that time. Condition of approval #9 requires the Montana Department of Fish, Wildlife & Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 273 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 20 of 23 plat approval. A planting plan for any stormwater ponds is required with the final plat application for those ponds located within parks and open spaces. 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A See below No Cash donation in lieu (CIL) 38.420.030 NA Improvements in-lieu NA Comments: The Parks Planning and Development Manager reviewed the master site plan and proposed Homestead Park plan. The Subdivision Review Committee of the Recreation and Parks Advisory Board reviewed the proposal on October 27, 2020, which consists of Homestead Park, a 14.32-acre park spanning both sides of Baxter Ditch and consisting of 4.2 acres of unrestricted active parkland and 10.12 acres of watercourse and wetlands. The unrestricted “upland” park areas are connected by a loop of trails that that run the length of the subdivision from north to south and cross Baxter Ditch in two locations with pedestrian bridges. Homestead Park is divided into 3 separate park parcels, each spanning the long central blocks of the development and therefore providing long segments of trail that meet the intent of Linear Parks within the Parks, Recreation, Open Space and Trails Plan (PROST). With this application, “East-West Park Connectors” are proposed as conceptual parkland areas to be further developed upon subsequent development of restricted lots created within Phase 1 of the subdivision. The Park Master Plan commits to the addition of an additional 2 acres of parkland on each side of Homestead Park for a total of 4 additional unrestricted park areas (8.2 acres total). The remaining estimated 7.52 acres of required parkland are proposed as either additional park or improvements-in-lieu of parkland as listed generally on the Homestead Park Vision sheet and more specifically within the Park Master Plan “Potential Park Amenities” sheets. The Northwest Crossing Park Master Plan, to be adopted concurrently with the preliminary plat application, should reflect the known phasing boundary and parkland requirements for Phase 1 Subdivision or a Master Plan Amendment would be required. As indicated in the code corrections (See Page 4), the current phase 1 parkland proposal is inadequate for continued review and must include a request for cash-in-lieu of parkland for the B-2M residential lot. Park Frontage 38.420.060 No Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: See above conditions of approval and code corrections. Because the City Commission is the review authority for the park master plan, it will be reviewed and presented to the City Commission with the Phase 1 Preliminary Plat Application. This master park plan simply provides a framework for how park requirements will be met throughout the future development of the property. The park master plan is based on an estimate of required parkland and describes the general park location and potential amenities to be provided as improvements-in-lieu of parkland. Where parkland area requirements and park frontage requirements are not currently being met these will be corrected at the time of the first individual park site plan review. This preliminary master site plan approval will be updated prior to final master site plan approval with the approved park master plan. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Varies Yes Departure criteria None NA Comments: Block frontage is not yet known adjacent to and within the development, with the exception of Oak street along the southern boundary being classified as Landscaped. The applicant is required to submit a Community Design Framework Master Plan with the Phase 1 Preliminary Plat application according to DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 274 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 21 of 23 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements residential 38.540.050.A.1 NA NA Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential 38.540.050.A.2 NA Reductions nonresidential 38.540.050.A.2.c NA Provided off-street NA Provided on-street NA Bicycle parking 38.540.050.A.4 NA NA Comments: No structures are proposed with this application. Loading and uploading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: No structures are proposed with this application. Section 38.230.130 to designate all adjacent block frontages around the perimeter and along known internal roads. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development NA Relationship to adjacent properties 38.520.030 NA Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.420.040 NA Comments: No structures or site developments are proposed at this time. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.420.050 Yes Internal roadway design 38.520.050.D NA Comments: A preliminary transportation, bicycle, and pedestrian circulation framework plan has been provided with this application. On-site open space 38.520.060 Total required NA SF NA Total provided NA SF NA Comments: No structures or site design has been provided with this application. Location and design of service areas and mechanical equipment 38.520.070 NA Comments: No structures or site design has been provided with this application. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 NA Building massing and articulation 38.530.040 NA Building details, materials, and blank wall treatments 38.530.050-070 NA Comments: No structures are proposed with this application. DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 275 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 22 of 23 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 NA NA Drought tolerant species 75% required NA Parking lot landscaping NA Additional screening NA Street frontage NA Street median island NA Acceptable landscape materials NA Protection of landscape areas NA Irrigation: plan, water source, system type NA Residential adjacency NA Comments: No site design is proposed with this application. A conceptual framework and landscape guidelines were provided in the application for the streetscape, parks, open space, and lot design and was reviewed by Planning, Parks, and Forestry for preliminary compliance. Landscaping of public lands 38.550.070 NA Comments: See comment above. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA NA Proposed SF/building NA NA Comments: No signage is proposed at this time. A separate comprehensive sign plan is required (see condition of approval #10) that will provide subdivision sign design include entrance signs, and possibly wayfinding signage, as well as a plan for commercial signs. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 NA Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B NA Comments: No lighting is proposed at this time. Lighting is discussed in the design guidelines. An SILD for subdivision wide lighting in the public right of way will be required with subdivision review. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 Yes Comments: See #6b above for wetland comments. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: Public comment was conducted. One letter of public comment has been received from K. Silvestri on 11-28-20. The comment mentioned three concerns that are summarized below and can be read in full in the project file. Staff responses are also below: 1) Loss of open lands and impacts to wildlife. Staff Response: This 160-acre parcel was annexed into the City of Bozeman on June 24, 2019, and initial zoning of B-2M and REMU was adopted by the City Commission on July 15, 2019. Staff has determined that this master site plan, outlining future development of the site, complies with the zoning with conditions of approval and code provisions. A detailed analysis of the watercourse and wetlands located on the subject property was provided by the applicant, and was found to be scientifically sound by the City’s wetlands consultant. A 50-foot watercourse setback along both sides of Baxter Ditch and Baxter Creek is required to be provided. The wetlands report indicates that after decades of agricultural use and use as pastureland these watercourses currently have minimal vegetation and in some areas are severely degraded by cattle. The proposed plan outlines a linear park along Baxter Ditch that when developed will be required to DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 276 Staff Report Northwest Crossing Master Site Plan Application 19440 December 21, 2020 Page 23 of 23 provide plantings along the watercourse that in accordance with state and local laws are intended to enhance the quality of the watercourse and improve habitat potential. See the wetlands delineation report within the project file, as well as staff analysis in Section 6 of this report. 2) Property values and negative impacts to existing development. Staff Response: This plan has be found to be in compliance with both the 2009 and 2020 Community Plans. Both growth policies encourage development of urban density housing and commercial services. Compatible development is defined as “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the City’s adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design, rhythm of architectural elements, scale, intensity, materials, building siting, lot and building size, hours of operation, and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation. Compatible development does not require uniformity or monotony of architectural or site design, density or use. Condition of approval #3 requires “each phase of this master site plan shall be evaluated independently at the time of development. Aspects including (but not limited to) water rights or cash in lieu of water rights, required parkland, grading and drainage, watercourse and wetlands requirements, payback districts, off site infrastructure improvements, affordable housing ordinance requirements, and waivers of right to protest will all be evaluated with each phase at the time of development.” 3) Traffic concerns. Staff Response: A preliminary traffic impact study was provided with this application. Condition of approval #12 states “The traffic impact study does not provide a detailed analysis for phased development as such must be updated with each phase of the development. The updates must include verifying traffic counts and incorporating changes to the surrounding transportation system. The updated study will be required prior to preliminary plat adequacy for each phase.” Traffic impacts and mitigation will be required with the initial phase 1 subdivision application, and with each phase of development, as densities and traffic counts become known to ensure a transportation grid that is adequate to serve the site. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements NA Comments: A subdivision preliminary plat application for Phase 1 is currently in review under application #20113. DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 277 REVISION DATE NORTHWEST CROSSING | PARKS, OPEN SPACE & TRAILS FRAMEWORK 4 DECEMBER 2020 0 100 200 SCALE: 1” = 200’ 400 NORTH Parks, Trails and Open Space Framework NWX will provide a well-connected system of parks, trails and open space, both internally and externally to regional destinations including the future north-south regional trail extension, Bozeman Sports Park, nearby schools and residential development. The focal point of the community is Homestead Park which functions as a linear park connecting multiple neighborhood parks. Parkland dedication shall be implemented throughout NWX for establishment of Homestead Park and additional park and amenity areas throughout individual development parcels. Any deficiency between provided park land and required park land will be provided via additional parkland with each subdivision reviewed or cash-in-lieu. Improvements-in-Lieu are preferred so that improvements will be made within Homestead Park and other NWX Parks to support the Parks and Open Space Framework documented in the Master Site Plan. Improvements- in-Lieu can include items that improve aesthetic, environmental sustainability or diversify user experiences. Examples include: installation of permeable paving systems in linear trail corridors, upgrading to concrete surfacing in high use areas, or adding educational or interpretive signage along a trail corridor. Parkland dedication requirements shall be based on net density as follows: Net Acreage Estimated Net Density Based on an analysis of several existing subdivision plats in Bozeman, net acreage is on average approximately 45% of the total property gross acreage. Therefore, a conservative calculation using of 50% of total gross REMU acreage will be used for the NWX Master Site Plan. Estimated Park Dedication Required Gross Acreage Average Percentage Developed Net Acreage 130.994 50% 65.497 Net Acres Density (DU/acre) Dwelling Units (DU) Lot Size (acres) Estimated Acres Required 65.497 8 DU/AC 524 0.03 15.72 Gross Property 160.508 Acres B2M Zoning -29.514 Acres REMU Zoning 130.994 Acres BAXTER CREEK The Homestead Park boundary includes lands which meet the City’s standard requirements for linear and neighborhood parks, and additional areas of wetlands, wetlands buffers and stormwater detention. A breakdown of which lands are used to meet park dedication requirements is included below. The Master Site Plan documents 8.2 acres of qualifying park land. Remaining qualifying park land deficiency will be achieved through further park land dedication or improvements-in-lieu of park land. Additional parks will be identified and located during subsequent site plan processes to meet total park dedication requirements. Additional parks shall provide a diverse set of amenities to support a high quality of life for neighborhood residents. Developed amenities within parks will be consistent with the PROST Master Plan recommendations for neighborhood, linear and pocket parks. Through on-street and off-street trails, NWX’s park system will be easily accessible to residents and visitors, providing access to Homestead and additional parks within a 5-minute walk (1/4 mile) of all areas in the community. **Note: Minimum of 2 acres of total parkland will be committed to in the east and west parks unless parkland requirements have already been met otherwise. These parks could potentially include neighborhood, linear or pocket parks to facilitate pedestrian connections within the parks network at Northwest Crossing Parking and Connectivity On-street parking adjacent to parks will be provided per City requirements, while still encouraging walk-to and bike-to use of the community’s parks. With NWX’s proximity to the Bozeman Sports Park, NWX’s parks will be focused on spaces that will support passive and active daily recreation, leisure activities and community gathering rather than programmed sports. Park locations and designs should enhance the site’s natural resource values while REVISION DATE NORTHWEST CROSSING | HOMESTEAD PARK VISION (P1, P2, P3) 13 OCTOBER 2020 Road Frontage As a combination of linear park what connects multiple neighborhood and pocket parks, Homestead Park spans different standard requirements for road frontage. A large portion of Homestead Park is a linear park which does not require 100% road frontage. Sufficient parking and convienent access to Homestead Park will be provided in large part by frontage along Rosa Way. Rosa Way and Abigail Lane will include approximately 175 directly adjacent on-street parking spaces. Within Planning Areas P2 and P3, 100% of the developed park amenity areas front a roadway. Additional street frontage may be possible as parcels develop to the east and west of Homestead Park. ACTIVITY LAWN ENHANCED NATIVE LANDSCAPE SHELTER/PAVILION TRAIL WAYSIDE TRAILS/PATHWAYS PEDESTRIAN BRIDGE SIGNATURE BRIDGE TREATMENT LEGEND 0 80 160 FT NORTH 40 KEYMAP LAUREL PARKWAY COTTONWOOD ROAD BAXTER LANE WEST OAK STREET TREES WETLANDS BOUNDARY WETLANDS BUFFER ZONE 1 WETLANDS BUFFER ZONE 2 APPROXIMATE CREEK CENTERLINE PARK AREA BOUNDARY J K O P H I S T C/D/E MSP 1.05 PARK NODE • SHELTER/PAVILION • NATURE-INSPIRED PLAY • PICNIC TABLES • SEATING • SPORT COURT • ACTIVITY LAWN • INTERNAL PATHWAYS • GARDENS PARK NODE • SHELTER/PAVILION • NATURE-INSPIRED PLAY • PICNIC TABLES REVISION DATE NORTHWEST CROSSING | POTENTIAL PARK AMENITIES 3 AUGUST 2020 MSP 1.06 SHELTER/PAVILION NATURE-INSPIRED PLAY ADVENTURE PLAY TRADITIONAL PLAY SPORT COURT ACTIVITY LAWN COMMUNITY GAMES NOTE: POTENTIAL AMENITIES SHOWN ARE CONCEPTUAL, INTENDED TO DEMONSTRATE CHARACTER AND SUBJECT TO CHANGE BASED ON FINAL PROJECT CONSTRAINTS. ALL AMENITIES SHALL COMPLY WITH CITY STANDARDS AND SHOULD BE REVIEWED DURING FUTURE SUBDIVISION PROCESSES. HOMESTEAD PARK VISION (CONT) Seating nodes, overlooks, dog stations, signage, exercise stations and other trailside features will be dispersed throughout the open space along the looped trail system. Secondary trail connections and enhanced pedestrian crossings will link Homestead Park to other nearby open spaces and parks. Architectural character of shelters, signage and furnishings will be compatible with the overall development and serve as unifying design elements throughout the park and larger community. Due to its centralized location, the park will be easily walkable or bikeable for most residents within the community. In addition to well connected pedestrian and bike linkages, the park will front on Rosa Way, Baxter Lane, and West Oak Street. The linear nature of the park allows for the natural open space character to extend up to the street, supporting a use of native appropriate landscape materials throughout the community and encouraging appreciation for this unique natural resource. The creek will be crossed by east- west perimeter and internal roadways, creating opportunities for signature bridge design enhancements that will draw additional attention to the park and creek corridor. 280 REVISION DATE NORTHWEST CROSSING | POTENTIAL PARK AMENITIES 3 AUGUST 2020 MSP 1.07 BENCHES/SEATING FUNCTIONAL PUBLIC ART EXERCISE STATIONS TRAIL/WAYFINDING SIGNS PEDESTRIAN BRIDGE SIGNATURE BRIDGE TREATMENT TRAIL WAYSIDE DOG STATIONS INTERPRETIVE SIGNS GARDENS POLLINATOR NATIVE NOTE: POTENTIAL AMENITIES SHOWN ARE CONCEPTUAL, INTENDED TO DEMONSTRATE CHARACTER AND SUBJECT TO CHANGE BASED ON FINAL PROJECT CONSTRAINTS. ALL AMENITIES SHALL COMPLY WITH CITY STANDARDS AND SHOULD BE REVIEWED DURING FUTURE SUBDIVISION PROCESSES. 281 COPYRIGHT © MORRISON-MAIERLE, INC., 2021 PLOTTED DATE: Jan/13/2021 PLOTTED BY: cody farley DRAWING NAME: N:\5659\005 NWX Phase 1 Major Sub\ACAD\Survey\PPLAT\5659005_NWX-PH1_PPLAT PLOT.dwg 1/4 SEC. SECTION TOWNSHIP RANGE PROJ. #: SHEET OF PRINCIPAL MERIDIAN, MONTANA DATE: COUNTY, MONTANA SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists Morrison Maierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 NWX, LLC 1 5 Gallatin 5659.005 NO SCALE 01/2021 MEE CJF MMI 5E 2S NE 04 I, Jon C. Wilkinson, Montana Professional Land Surveyor License No. 16411LS, hereby certify that the Preliminary Plat of Northwest Crossing Subdivision was surveyed under my supervision between July 2020 and September 2020, and platted the same as shown on the accompanying plat and as described in accordance with the provisions of the Montana Subdivision and Platting Act, §76-3-101 through §76-3-625, M.C.A., and the Bozeman Unified Development Ordinance. I further certify that monuments which have not been set by the filing date of this instrument will be set by July 1, 2020, due to public improvements construction pursuant to 24.183.1101(1)(d) A.R.M. Dated this___________day of_________________, 2020. ________________________________________________________ Jon C. Wilkinson, PLS, CFedS MT Reg. #16411LS Morrison-Maierle, Inc. CERTIFICATE OF SURVEYOR I, Eric Semerad, Clerk and Recorder of Gallatin County, Montana, do hereby certify that the foregoing instrument was filed in my office at _______ o'clock, __________(a.m., or p.m.), this _________ day of ______________, 2020, and recorded in Book ______ of Plats on page __________, and Document # ____________________, Records of the Clerk and Recorder, Gallatin County, Montana. Dated this __________ day of ____________________, 2020. ________________________________________ Eric Semerad Clerk and Recorder Gallatin County, Montana CERTIFICATE OF CLERK AND RECORDER I, Jennifer Blossom, Treasurer of Gallatin County, Montana, do hereby certify that the accompanying plat has been duly examined and that all real property taxes and special assessments assessed and levied on the land to being divided have been paid. Dated this __________ day of ____________________, 2020. ________________________________________ Jennifer Blossom Treasurer Gallatin County, Montana _________________________________________ ES ES ES ES D Y H D Y H D Y H D Y H D Y H D Y H D Y H D Y H I S GV I S S S S S S S S GV MW MW MW MW MW MW MW MW S S S S S S S S S S S S S TP TP TP TP D Y H I S S S S S S MW MW MW MW S S S S S TP TP TP TP TP TP T WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV EW EW EW EW EW EW EW EW EW EW ES ES ES ES ES ES ES ES ES ES ESD ESD ESD WW MW 4735 4730 4725 4720 4715 RESTRICTED LOT 7 ES ES ES ES ES ES D Y H D Y H I S GV I S S S S GV MW MW MW MW MW S S S S S S S S S TP TP TP TP TP TP TP TP TP TP WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV EW COPYRIGHT © MORRISON-MAIERLE, INC., 2021 PLOTTED DATE: Jan/13/2021 PLOTTED BY: cody farley DRAWING NAME: N:\5659\005 NWX Phase 1 Major Sub\ACAD\Survey\PPLAT\5659005_NWX-PH1_PPLAT PLOT.dwg 1/4 SEC. SECTION TOWNSHIP RANGE PROJ. #: SHEET OF PRINCIPAL MERIDIAN, MONTANA DATE: COUNTY, MONTANA SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists Morrison Maierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 NWX, LLC 5 5 GALLATIN 5659.005 NO SCALE 01/2021 MEE CJF MMI 5E 2S NE 04 CONDITIONS OF APPROVAL SHEET Conditions: Buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat and buyers of property are strongly encouraged to contact the local planning department and become informed of any limitations on the use of the property prior to closing. The undersigned property owner acknowledges that there are federal, state, and local plans, policies, regulations, and/or conditions of subdivision approval that may limit the use of the property, including the location, size, and use. 1. All street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall be landscaped, as defined in the Bozeman Municipal Code, and shall include one (1) large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. For street trees, a City of Bozeman planting permit for street trees and obtaining utility locations before any excavation begins in the City of Bozeman right-of-way. The subdivision landscape plans shall contain a planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there shall be a mulch ring 3'- 4' in diameter around each newly planted boulevard tree. 2. City standard sidewalks (including a concrete sidewalk section through all private drive approaches) shall be constructed on all public and private street frontages prior to occupancy of any structure on individual lots. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed the required sidewalk shall, without further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. 3. The property is also subject to master site plan approval City of Bozeman application ______ approved on _______. 4. Ownership of all common open space areas and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners' association. Maintenance responsibility must include, in addition to the common open space all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space, including pathways, are for the use and enjoyment by the residents of the development and the general public. The property owners' association is responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat the subdivider shall transfer ownership of all common open space aras tot eh property owners' association created by the subdivider to maintain all common open space areas within the Subdivision. 5. Maintenance of stormwater infrastructure is the responsibility of the property owners' association. 6. Due to the potential of high groundwater tables in the areas of the subdivision, it is not recommended that residential Memorandum REPORT TO: City Commission FROM: Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk SUBJECT: Appointments to the Bozeman Historic Preservation Advisory Board (BHPAB) MEETING DATE: February 2, 2021 AGENDA ITEM TYPE: Citizen Advisory Board/Commission RECOMMENDATION: I move to appoint two members to the Bozeman Historic Preservation Advisory Board to the professional designation positions with terms expiring June 30, 2022 and two members to the at-large positions with terms expiring June 30, 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 Bozeman Historic Preservation Advisory Board was created under Chapter 2, Article 5, and Division 6 of the Bozeman Municipal Code. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, structures, objects, buildings, and historic districts by addressing historic preservation issues at the local level and integrating them into local, state, and federal planning and decision-making processes. The historic preservation program includes identification, evaluation, and protection of historic resources within the city (Ordinance No. 1180, Section 2, 1985). The Bozeman Historic Preservation Advisory Board shall serve in an advisory capacity to the City Commission, Planning Board, Zoning Commission, and other staff members or boards seeking advice on historic preservation issues (Ordinance No. 1454, Section 2, 1998; Ordinance No. 1180, Section 3, 1985). Members are appointed to staggered two-year terms comprised of up to seven members per Ordinance 1927 via any combination of the following: 1. At least three members shall meet the Secretary of the Interior's Professional Qualification Standards in the disciplines of history, planning, archaeology, architecture, architectural history, historic archaeology, or other historic preservation-related disciplines such as cultural geography or cultural anthropology. 2. At least one member shall be an architect holding state or NCARB registration. Retired professionals shall be given consideration equal to that of practicing professionals. Residency within the city shall not be a prerequisite for membership as a professional representative. 287 3. At least one member shall live in or own property in a Bozeman historic district, on file at the city planning office. A member may be chosen from a locally or nationally designed district. 4. At least four members shall be at-large representatives who reside or own property within the city limits. This board currently has five vacancies. The City Clerk’s Office has received four applications, with their relevant qualifications indicated below: 1. Two Professional Designation Positions with terms expiring June 30, 2022 | Qualifies C. Holling and S. Donnelly 2. Two At-Large Positions with terms expiring June 30, 2022 | Qualifies L. Semones and L. Arthun Commissioner Michael Wallner is the City Commission liaison for this board. Bozeman Historic Preservation Advisory Board appointments are Commission appointments. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None. Attachments: 07-02-20 CAB Application - S. Donnelly, Professional Designation.pdf 08-04-20 CAB Application - L. Arthun.pdf 10-23-20 CAB Application - L. Semones.pdf 06-15-20 CAB Application - C. Holling, Professional Designation, reapplication.pdf Report compiled on: January 26, 2021 288 From: webadmin@bozeman.net To: Agenda Subject: Citizen Advisory Board Application Date: Wednesday, July 1, 2020 1:31:33 PM A new entry to a form/survey has been submitted. Form Name: Citizen Advisory Board Application Date & Time: 07/01/2020 1:31 PM Response #: 267 Submitter ID: 28178 IP address: 69.144.240.98 Time to complete: 14 min. , 44 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 289 First Name Savannah Last Name Donnelly Physical Address 1309 South 3rd PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59715 Primary Phone (682) 323-6977 Additional Phone Not answered Current Occupation Teaching Assistant Employer Montana State University Email mssavannahdonnelly@gmail.com Which position are you applying for? (○) Bozeman Historic Preservation Advisory Board (BHPAB) 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? (○) 1-5 years Have you ever served on a City or County Board or Commission? (○) No Please explain your relevant qualifications, interests and experiences: I am an environmental historian of the American West. For my training in this capacity, I am in the process of obtaining a M.A. degree in American Environmental History, with an emphasis on preservation and cultural impacts at Montana State University. I have worked with on numerous research projects through Research Fellowships (primarily through the University of North Texas) surrounding conservation and historical preservation. I am in many environmental working groups through MSU, such as Environmental Humanities and Last Best Place Collective, both groups focus on environmental issues, historic preservation, and public history (outreach.) I would love to contribute my skills to the Bozeman Historic Preservation Board. Find me and my CV at https://www.linkedin.com/in/savannahdonnelly/ References: Please provide name, phone, and email contact information for two references. Reference 1 Dr. Mary Murphy (406) 994-5206 mmurphy@montana.edu Reference 2 Dr. Robery Rydell 290 (406) 994-7929 rwrydell@montana.edu The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? (○) Yes How did you hear about this board or vacancy? Through another member who I work with at MSU, Jenn Dunn 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. 291 From: webadmin@bozeman.net To: Agenda Subject: Citizen Advisory Board Application Date: Tuesday, August 4, 2020 12:28:58 PM A new entry to a form/survey has been submitted. Form Name: Citizen Advisory Board Application Date & Time: 08/04/2020 12:28 PM Response #: 278 Submitter ID: 29246 IP address: 72.174.224.10 Time to complete: 11 min. , 11 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 292 First Name LaDeen Last Name Arthun Physical Address 289 Slough Creek Drive PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59718 Primary Phone (406) 580-4397 Additional Phone Not answered Current Occupation Real Estate Salesperson Employer Self Email ladeenarthun@gmail.com Which position are you applying for? (○) Bozeman Historic Preservation Advisory Board (BHPAB) 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 was born and raised in Bozeman. I raised my children in Manhattan and I am excited to be back in the city after 30 years! I would love to give my time to this great city! References: Please provide name, phone, and email contact information for two references. Reference 1 Vanessa Carrillo 406.404.0007 twisteddragon@yahoo.com Reference 2 Suzi Whitten 406.580.4409 suziwhitten1@icloud.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 293 How did you hear about this board or vacancy? Another agent in my office Is there any other information that you feel we need to know? I am self-employed as a Realtor and I am able to make time in my schedule to attend all the meetings. 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. 294 From: webadmin@bozeman.net To: Agenda Subject: Citizen Advisory Board Application Date: Friday, October 23, 2020 6:16:50 PM A new entry to a form/survey has been submitted. Form Name: Citizen Advisory Board Application Date & Time: 10/23/2020 6:16 PM Response #: 301 Submitter ID: 31890 IP address: 174.45.253.191 Time to complete: 27 min. , 54 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 295 First Name Linda Last Name Semones Physical Address 404 S Church Ave PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59715 Primary Phone (406) 599-3916 Additional Phone Not answered Current Occupation retired Employer none Email lindasemones@hotmail.com Which position are you applying for? (○) Bozeman Historic Preservation Advisory Board (BHPAB) 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: Dear City Commissioners, I would be honored to serve on the Bozeman Historic Preservation Board, if appointed to serve. My qualifications fall under experience, enthusiasm, willingness to learn, love of the historic homes in the city, and familiarity with the planning documents used by the city to guide development. My experience is as follows. My husband and I were living in a rundown rental on the north side of town with 3 children in the early 90's. At that time, the downtown neighborhoods were already almost unaffordable for working class families. The newer developments of Figgins Subdivision and the homes along Highland Boulevard were way out of our possibilities. At the time, I was a homemaker and my husband worked for a busing company. Nevertheless, we began to look for a home in town, close to an elementary school for the children. Miraculously we found a residence on S. Church, a small home, 2 bedroom, small galley kitchen, small living/dining with a rental taking up the basement. A friend of my husband offered to carry the loan, which was a God send. At that time, this area of town was a poor area. The back of the property bordered on an asbestos laden field that was owned by the railroad. The house itself needed much work, but the price was right, $80,000, the very maximum that we could afford, and we were hard workers who could do our own renovations. The homes around us were mostly rentals to college students or workers in town. We did work hard. Our income increased when the children went to school and I became a teacher, and we were able to plan to renovate the home to accommodate a family of 5. I sincerely wish I had visited with the Historic Preservation Officer at that time. As it turned out, our home was one of several historic railroad 296 box homes in the area. They were sold by Sears, and brought to the home site on the railroad line as construction materials. They were basically small bungalows, with the option to purchase a second story kit from the company. At the time, this was just interesting information. Now I realize that we had the chance to work to create a small historic area on Church. If we had been able to alter our plans to save the footprint of the home, perhaps moved the additional bedrooms to an addition to the rear of the house without altering the original structure, we could have saved the property and applied to be a historic Bozeman home. But at the time, all we were considering was getting enough space for the 3 children to live in, without sacrificing the back yard where they played, where we grew food, and where the dog could run. We received no advice on historical preservation, and as a result we have a lovely home that can no longer be on the Historic Register. One of the reasons I am applying to the Bozeman Historic Preservation Board, is to hopefully be a source of information and help to residents who would like to know their choices when renovating their homes. The city has several areas of homes now approaching the 100 year age requirement for being named as historic. I would work very hard to encourage residents to make informed choices when renovating their properties, using whatever outreach method possible. Education about the historic neighborhoods would seem to be a first step. I know the city is taking a historical inventory of homes, and I would like to know more about that process, including how to make an outreach to the homeowners. A second reason I am applying for this board is that I am very committed to helping preserve the downtown neighborhoods. I feel they are a unique and irreplaceable part of the city. Once they are gone, the neighborhood character of the downtown is gone as well. In my humble opinion, the neighborhood character of the downtown neighborhoods is one of the major attractions to people coming to Bozeman with their families to make a life in a livable, environmentally friendly space. I have spent 2 years reading the Bozeman Community Plan, the UDC, the Downtown Bozeman Improvement Plan, and various other documents as well. I have attended the Inter-Neighborhood Council meetings for 2 years. I have faithfully attended meetings meant to solicit public opinion on the NCOD recommendations especially, and have submitted public comment on these plans in what I hope has been a respectful and educated manner. I have attended many commission meetings on various topics, zoning and planning included, and have learned the protocol required to deal with the difficulties and complexities of issues before many of the boards and the City Commission. I in no way consider myself an expert, neither on historic preservation, nor on the huge responsibility of participating in city government. I offer my services as a novice willing to work hard and learn. I humbly offer to work cooperatively with all the city staff and board members. Thank you for considering my application for an at large seat on the Bozeman Historic Preservation Board. Sincerely, Linda Semones References: Please provide name, phone, and email contact information for two references. Reference 1 Jane Jelinski Home: 406-587-8367 jjjelinski@msn.com 433 N. Tracy Bozeman MT 59715 Past Gallatin County Commissioner and head of the Local Government Center, as well as adjunct at MSU Reference 2 Justin Helvik Cell: 406-740-0549 work: 406-522-6200 jhelvik@threeforks.k12.mt.us 1116 Mountain Ash Ave. Bozeman MT 59718 Assistant Principal Bozeman Senior High 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 297 How did you hear about this board or vacancy? online at bozeman.net Is there any other information that you feel we need to know? No, thank you for the opportunity to apply. 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. 298 From: webadmin@bozeman.net To: Agenda Subject: Citizen Advisory Board Application Date: Tuesday, June 16, 2020 9:23:38 AM A new entry to a form/survey has been submitted. Form Name: Citizen Advisory Board Application Date & Time: 06/16/2020 9:23 AM Response #: 240 Submitter ID: 27683 IP address: 174.45.255.159 Time to complete: 10 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 299 First Name Chelsea Last Name Holling Physical Address 1401 Idaho Street, Unit A PO Box (if different from physical address) Not answered City Belgrade State Montana Zip Code 59714 Primary Phone (406) 465-3281 Additional Phone Not answered Current Occupation Historic Preservation Design Professional Employer Cushing Terrell Email chelseaholling@cushingterrell.com Which position are you applying for? (○) Bozeman Historic Preservation Advisory Board (BHPAB) Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while others do not.) (○) No How long have you lived in the Bozeman Area? (○) 6-10 years Have you ever served on a City or County Board or Commission? (○) Yes (If Yes, where and how long?) Bozeman Historic Preservaiton Board; 3 years Please explain your relevant qualifications, interests and experiences: The past 5+ years of my professional career, I have worked at the MT SHPO, as well as the Montana Preservation Alliance. I then started working at Cushing Terrell (formerly CTA). Since I started at Cushing Terrell, I have been the Historic Preservation Design Professional, which has helped me gain experience to meet the Secretary of the Interior's Professional Qualification Standards in history, architecture, architectural history. I have served on this board for the past 3 years, and we are in the beginning stages of creating a Fred Willson Multi-Property for the National Register. References: Please provide name, phone, and email contact information for two references. Reference 1 Crystal Alegria crystal@extremehistoryproject.org Reference 2 Lesley Gilmore lgilmore180@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? 300 (○) Yes How did you hear about this board or vacancy? Currently serving; term is expiring 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. 301 Memorandum REPORT TO: City Commission FROM: Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk SUBJECT: Appointments to the Northeast Urban Renewal Board (NURB) MEETING DATE: February 2, 2021 AGENDA ITEM TYPE: Citizen Advisory Board/Commission RECOMMENDATION: I move to appoint members to the Northeast Urban Renewal Board with the following positions and terms: one non-voting member with a term expiring July 31, 2022 one non-voting member with a term expiring July 31, 2024 one voting member at-large with a term expiring July 31, 2024 one voting resident within the district with a term expiring July 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: This board is established under Section 7-15-4232 of the Montana Code Annotated. Membership consists of nine positions serving staggered four- year terms after the initial appointment. The board shall consist of 5 voting members and not more than 4 non-voting members. The preferred composition of the voting members shall be: 2 business owners of businesses within the district; 2 residents from within the district; 1 member at-large. Voting members must reside within city-limits or own property within the district. The board shall be responsible to: (1) develop plans which implement the vision of the district; (2) review on an ongoing basis the operation and processes of all public agencies to assure that such activities are supportive of the plan; (3) advocate and coordinate the complete and full implementation of the plan. The board currently has four vacancies. The City Clerk’s Office has received five applications, with their relevant qualifications indicated below: 1. One non-voting position, term expiring July 31, 2022 | Qualifies E. Daws, C. Dayton, E. Barlow, C. Nixon, N. Van Dusen 2. One non-voting position, term expiring July 31, 2024 | Qualifies E. Daws, C. Dayton, E. Barlow, C. Nixon, N. Van Dusen 302 3. One voting member at-large, term expiring July 31, 2024 | Qualifies E. Daws, C. Dayton, E. Barlow, C. Nixon, N. Van Dusen 4. One voting resident within the district, term expiring July 31, 2022 | Qualifies E. Daws, C. Dayton, E. Barlow, C. Nixon, N. Van Dusen Commissioner I-Ho Pomeroy is the City Commission liaison for this board. Northeast Urban Renewal Board appointments are Commission appointments. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None. Attachments: 07-02-20 CAB Application - M. E. Barlow.pdf 07-07-20 CAB Application - C. Nixon.pdf 01-11-21 CAB Application - N. Van Dusen.pdf 01-13-21 CAB Application - E. Daws.pdf 06-25-20 CAB Application - C. Dayton.pdf Report compiled on: January 26, 2021 303 From: webadmin@bozeman.net To: Agenda Subject: Citizen Advisory Board Application Date: Thursday, July 2, 2020 9:48:27 AM A new entry to a form/survey has been submitted. Form Name: Citizen Advisory Board Application Date & Time: 07/02/2020 9:48 AM Response #: 270 Submitter ID: 28210 IP address: 71.15.213.56 Time to complete: 22 min. , 58 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 304 First Name M. Ethan Last Name Barlow Physical Address 11 East Villard Street PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59715 Primary Phone (207) 232-0295 Additional Phone (406) 548-2656 Current Occupation Architect Employer HoldingGround Architects Email ethan@holdinggroundarchitects.com Which position are you applying for? (○) Northeast Urban Renewal Board (NURB) 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? (○) 6-10 years Have you ever served on a City or County Board or Commission? (○) Yes (If Yes, where and how long?) Design Review Board (2 years); Northeast Urban Renewal Board (non-voting member, 2 years) Please explain your relevant qualifications, interests and experiences: My experience as a non-voting member on the Northeast Urban Renewal Board has provided me with a background and familiarity with the challenges and opportunities of the district. I feel that it is important to both embrace and direct the opportunities of a changing district and also consider the history the unique characteristics that make the district distinct. My work as an architect further qualifies me for the work as a voting board member. I am committed to promoting an environment throughout the district that strengthens community and provides connective public spaces that become the expression and experience of the neighborhood. I would be honored to take on the responsibility of becoming a voting member and I thank you for considering my candidacy References: Please provide name, phone, and email contact information for two references. Reference 1 Rob Pertzborn, Intrinsik Architecture Reference 2 David Fine, City of Bozeman Economic Development Office The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. 305 If appointed, do you understand you will be expected to take online and in person ethics training? (○) Yes How did you hear about this board or vacancy? my work as a non-voting memeber of the NURB 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. 306 From: webadmin@bozeman.net To: Agenda Subject: Citizen Advisory Board Application Date: Tuesday, July 7, 2020 7:30:57 PM A new entry to a form/survey has been submitted. Form Name: Citizen Advisory Board Application Date & Time: 07/07/2020 7:30 PM Response #: 272 Submitter ID: 28354 IP address: 174.45.71.209 Time to complete: 16 min. , 58 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 307 First Name Christopher Last Name Nixon Physical Address 719 N Wallace Ave, Bozeman MT 59715 PO Box (if different from physical address) PO Box 6723 City Bozeman State Montana Zip Code 59771 Primary Phone (406) 544-4901 Additional Phone Not answered Current Occupation Inn Keeper Employer Self/Lehrkind Mansion Bed & Breakfast Email christopherfnixon@yahoo.com Which position are you applying for? (○) Northeast Urban Renewal Board (NURB) 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? (○) Yes (If Yes, where and how long?) Bozeman, several years on Tree Advisory Board and Beautification Boards Please explain your relevant qualifications, interests and experiences: I served for seven years as president of the Northeast Neighborhood Association. I served on the Bozeman Tree Advisory Board (I believe two terms), I served several terms on the Bozeman Beautification Advisory Board, during which time I headed up the annual Bozeman City wide clean up event. I have served on the board of Sacajawea Audubon Society (SAS) since 2010 and stepped up as president of SAS on June 1, 2020. I have attended (as a citizen/community member) the vast majority of the Northeast Urban Renewal Advisory Board meetings since its inception. I am usually one of less than a handful of community member attendees at the NURB meetings. I don't remember the exact dates between which I served in most of those positions. They would be in the city files or I could research and find those dates if necessary. References: Please provide name, phone, and email contact information for two references. Reference 1 Loreene Reid loreener5@gmail.com Reference 2 Amy Kelly Hoitsma aok@mcn.net 308 The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? (○) Yes How did you hear about this board or vacancy? A current NURB member - Jeanne Wesley-Wiese plus I attend most board meetings. Have missed since COVID-19 began. Is there any other information that you feel we need to know? I also served on a City of Bozeman special task force - The Solid Waste Task Force. I believe that was as an appointment. 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. 309 From: webadmin@bozeman.net To: Agenda Subject: Citizen Advisory Board Application Date: Monday, January 11, 2021 7:50:56 AM A new entry to a form/survey has been submitted. Form Name: Citizen Advisory Board Application Date & Time: 01/11/2021 7:50 AM Response #: 318 Submitter ID: 33977 IP address: 174.45.95.84 Time to complete: 56 min. , 53 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 310 First Name Natalie Last Name Van Dusen Physical Address 800 S 3RD AVE PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59715 Primary Phone (406) 224-7914 Additional Phone Not answered Current Occupation Entrepreneur Employer Treeline Coffee Roasters Email natalie@treelinecoffee.com Which position are you applying for? (○) Northeast Urban Renewal Board (NURB) 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? (○) 6-10 years Have you ever served on a City or County Board or Commission? (○) Yes (If Yes, where and how long?) I am currently on the DBA board (since 2019) Please explain your relevant qualifications, interests and experiences: I have always had a strong interest in my community and it's growth. I founded my coffee business in Bozeman in 2013 and opened our Roasting Room on N Wallace in 2016. I believe I can add value and a unique perspective since I have a business that operates in 2 URDs, that is both manufacturing and customer focused. We are part of an amazing and dynamic neighborhood that is changing quickly. I care deeply about our community and ensuring heathy, thoughtful growth that works for its businesses and residents. I look forward to contributing in a meaningful way Thank you for your time and consideration. References: Please provide name, phone, and email contact information for two references. Reference 1 Ellie Staley DBP 311 ellie@downtownbozeman.org 406-586-4008 Reference 2 Carson Taylor carsongtaylor@gmail.com 406-587-2356 The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? (○) Yes How did you hear about this board or vacancy? Michael Veselik and David Fine Is there any other information that you feel we need to know? Not that I can think of other than I would be excited and honored to join this board! 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. 312 From: webadmin@bozeman.net To: Agenda Subject: Citizen Advisory Board Application Date: Wednesday, January 13, 2021 11:38:33 AM A new entry to a form/survey has been submitted. Form Name: Citizen Advisory Board Application Date & Time: 01/13/2021 11:38 AM Response #: 319 Submitter ID: 34074 IP address: 69.145.52.196 Time to complete: 47 min. , 47 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 313 First Name Eric Last Name Daws Physical Address 455 Arrow Trail PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59718 Primary Phone (406) 589-6247 Additional Phone Not answered Current Occupation VP Sales and Marketing Employer Outlaw Partners and L&K Real Estate Email edaws42@gmail.com Which position are you applying for? (○) Northeast Urban Renewal Board (NURB) Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while others do not.) (○) No How long have you lived in the Bozeman Area? (○) 11 years or more Have you ever served on a City or County Board or Commission? (○) No Please explain your relevant qualifications, interests and experiences: Being a native Bozemanite, and 4th generation Gallatin Valley resident, I am excited about the amazing projects in the NE neighborhood. My family (Kessler) used to have the Kessler Dairy at the old Lehrkind Brewery site, and recently our companies (Outlaw Partners and L&K Real Estate) have done work in the neighborhood with clients as well. I am also part of an ownership group that owns the Wild Crumb building and adjacent lot in the neighborhood. I serve as the Vice President for Media and Marketing firm Outlaw Partners, as well as a sales agent for our sister company L&K Real Estate and am passionate about Montana and all that she offers. My connections to this neighborhood run deep, and I would enjoy being a part of the decision making process as this part of town continues to mature. Our L&K team is going to be opening an office in the Wild Crumb building in early 2021, not to mention loving Wild Crumb coffee and baked goods in the AM, and a beer and pretzel from Mountains Walking in the evening. Thank you for considering this opportunity to join the Board and be a part of this historic and exciting neighborhood. - E.J. Daws References: Please provide name, phone, and email contact information for two references. Reference 1 Eric Ladd 314 406-570-0639 e.ladd@mac.com Reference 2 Megan Paulson 406-580-0389 megan@theoutlawpartners.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? (○) Yes How did you hear about this board or vacancy? Jeff Lusin - 45 Architecture 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. 315 From: webadmin@bozeman.net To: Agenda Subject: Citizen Advisory Board Application Date: Thursday, June 25, 2020 9:16:50 PM A new entry to a form/survey has been submitted. Form Name: Citizen Advisory Board Application Date & Time: 06/25/2020 9:16 PM Response #: 263 Submitter ID: 28017 IP address: 174.45.87.172 Time to complete: 7 min. , 50 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 316 First Name Chandler Last Name Dayton Physical Address 716 E Peach St PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59715 Primary Phone (406) 577-6930 Additional Phone Not answered Current Occupation Retired Employer Retired Email chandler.dayton@gmail.com Which position are you applying for? (○) Northeast Urban Renewal Board (NURB) 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 lived in the neighborhood since 1987. I have been active in NENA. I am a retired teacher. I am interested in the development issues within this area. References: Please provide name, phone, and email contact information for two references. Reference 1 Amy Kelley aok@mcn.net 4065811513 Reference 2 Chris Nixon christopherfnixon@yahoo.com 4065444901 The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? (○) Yes How did you hear about this board or vacancy? 317 website 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. 318 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: February 2, 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: This item was originally scheduled for action on January 26, 2021. Due to technical issues that meeting was adjourned prior to this item on the agenda. It has now been rescheduled for this meeting. 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 319 indicated below. 1. One City Appointee (Voting) position with a term expiring December 31, 2022 | Qualifies: L. Kudrna 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 27, 2021 320 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 321 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 322 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. 323 dwellings or other structures with full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction. 7. The property owners' association is responsible for maintenance of the alley - _______________. 8. The property owners' association is responsible for maintenance of any lighting located outside of public street rights-of-ways. 9. The property owners' association is responsible for maintenance of all stormwater infrastructure located outside public street rights-of-way. 10. Water rights, or cash-in-lieu of water rights, have not been provided with this subdivision and will be required during the site plan review process for any future development. 11. The groundwater de-watering system (drain tile) is owned and maintained by the property owners' association. 12. Development on all Restricted Lots is subject to further subdivision review. TRACT 5 OF THE CERTIFICATE OF SURVEY No. 2552, SITUATED IN THE NE1/4 OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. NORTHWEST CROSSING SUBDIVISION Certificate of Transfer of Ownership and Completion of Non-Public Improvements; and Conditions of Approval : The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Common Open Space parcels designated Storm Water Tract. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same NWX, LLC hereby further certify that the following non-public improvements, required to meet the requirements of chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: ????? Financially Guaranteed Improvements: ???????. The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by document number _____________________________________. We further certify that the text and/or graphics shown on the Conditions of Approval sheet represents requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied; and that the information shown is current as of the date of the certification, and that changes to any land use restrictions or encumbrances may be made by amendment to covenants, zoning regulations, easements, or other documents as allowed by law or local regulations. NWX, LLC By: ________________________________________________________________________________ __________ _________________, Authorized Representative Dated State of ____________________________________ County of ___________________________________ On this ________________ day of ___________________________, 2020, before me, the undersigned Notary Public for the State of _____________________ personally appeared _______________________, known to me to be the Authorized Representative of NWX, LLC and acknowledged to me that said Inc. executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ 286 EW EW EW EW EW EW ES ES ES ES ES ES ES ES ESD ESD ESD ESD ESD ESD ESD ESD ESD ESD ESD ESD ESD ESD ES ES ES ES ES ES ES ES ES ES ES ES ES ES ES ES ES ES EW EW EW EW EW EW EW EW E WV E CO CO CO CO CO CO CO CO TP S MW MW MW MW MW MW MW MW LOT 14 7.10 acs. RESTRICTED LOT 3 12.29 acs. N89°27'45"E 2231.85' RESTRICTED LOT 4 8.85 acs. N89°29'56"E 1024.77' RESTRICTED LOT 2 8.80 acs. RESTRICTED LOT 1 11.67 acs. LOT 3 1.21 acs. LOT 2 0.76 acs. PUBLIC R-O-W PARK 1 4.27 acs. PARK 3 7.04 acs. N0°59'36"E 1144.41' PARK 2 5.35 acs. RESTRICTED LOT 5 2.37 acs. LOT 11 1.09 acs. LOT 13 1.00 acs. LOT 12 0.74 acs. LOT 10 0.81 acs. 374.51' S0°32'15"E 281.27' S89°27'45"W 181.08' S31°06'03"W 68.85' L41 L43 L44 L42 L45 L46 L47 S9°01'50"E 87.28' C11 S79°02'27"W 108.02' S89°27'45"W 205.90' C10 S0°32'15"E 408.73' S89°27'45"W 558.53' 558.54' S0°32'14"E 690.00' S89°27'45"W 823.76' 561.90' S1°16'44"E 83.10' N89°44'34"E 215.70' L = 6 0 7. 6 8, R = 7 9 0 6 . 7 7 Δ = 4 ° 2 4 ' 1 3 " S89°27'46"W 175.02' C37 S78°41'34"W 104.53' L49 C36 N0°32'15"W 531.43' L = 4 9 5 . 63 , R = 7 4 5 5 . 1 7 Δ = 3 ° 4 8 ' 33 " S1°00'28"W 118.01' S89°27'46"W 486.92' S78°41'34"W 547.89' N11°23'09"W 154.61' L = 1 51 .4 7 , R = 8 0 0. 0 0 Δ = 10 ° 5 0 ' 54 " N0°41'30"W 196.26' N0°32'15"W 240.00' S11°23'09"E 35.50' S78°41'34"W 227.20' N4°52'57"E 11.55' N11°20'10"W 341.72' L35 L36 L37 N13°19'15"W 36.38' N28°26'25"W 126.71' S78°41'34"W 259.71' L34 L33 L32 L31 L30 L29 L28 S17°47'19"E 49.05' C3 S0°19'22"E 131.69' S89°27'38"W 165.41' S0°19'22"E 175.74' N89°30'02"E 92.85' L26 L27 S0°30'04"E 193.86' S11°23'09"E 419.57' L = 1 9 7 . 6 6 , R = 9 70. 00 Δ = 1 1 ° 4 0 ' 3 2 " S0°30'35"E 441.03' S89°30'04"W 263.62' N78°41'34"E 447.36' S88°31'14"W 513.51' C39 N11°23'09"W 369.97' S16°28'13"E 467.48' C35 S89°29'56"W 505.77' N0°30'35"W 440.63' C38 C34 S0°02'56"W 515.88' S89°29'56"W 236.63' N89°27'46"E 264.86' 202.53' N90°00'00"W 256.26' 154.52' 239.13' 91.11' L57 86.47' 86.14' S67°07'25"W 171.53' 71.02' N0°00'00"E 182.84' N0°00'00"E 179.96' N90°00'00"E 160.03' LOT 5 1.61 acs. LOT 6 1.25 acs. LOT 9 0.57 acs. N88°31'14"E 110.22' 148.06' N90°00'00"W 160.07' C44 C45 L60 65.41' S16°28'13"E 167.90' L61 C47 S89°27'46"W 172.27' N11°39'06"W 142.00' L64 S90°00'00"E L63 132.51' L62 S89°27'46"W 222.93' N0°32'15"W 133.91' C48 S90°00'00"E 227.02' C54 N71°21'08"E 155.10' C53 S14°26'58"E 367.75' C49 C50 N18°58'22"W 77.06' C57 S16°28'13"E 293.61' C51 N0°59'08"E 150.42' S89°57'07"E 177.21' S89°57'07"E 236.46' S0°02'56"W 330.14' C56 N88°59'57"W 93.53' LOT 15 5.26 acs. LOT 1 0.90 acs. LOT 7 2.89 acs. LOT 4 1.73 acs. LOT 8 1.48 acs. N90°00'00"W 180.20' S0°00'00"E 134.38' N15°26'36"W 164.99' S S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 12S 12S 12S 12S 12S 12S 12S 12S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 12S 12S 12S 12S 12S 12S 12S 12S 12S 12S 12S 8S 8S 8S 12S 12S 12S 12S 12S 21S 21S 21S 21S 24S 24S 24S 21S 24S 21S 8W 8W 8W 8W 8W 8W 8W 8W W W W W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W PARCEL LINE DATA SEGMENT L49 L57 L60 L61 L62 L63 L64 LENGTH 66.15 174.35 219.94 64.68 77.93 8.37 34.00 DIRECTION N16° 12' 27"W S89° 29' 56"W S0° 59' 08"W S78° 41' 34"W N73° 31' 48"E N14° 26' 58"W N75° 57' 24"E PARCEL CURVE DATA SEGMENT C34 C35 C36 C37 C38 C39 C44 C45 C47 C48 C49 C50 C51 C53 C54 C56 C57 LENGTH 96.11 52.96 41.71 34.87 162.62 46.85 142.71 90.93 21.52 23.62 42.63 179.64 92.16 38.15 22.94 97.79 70.30 RADIUS 517.00 517.00 150.00 185.50 1030.00 1030.00 388.91 380.00 114.50 685.00 685.00 685.00 380.00 380.00 380.00 583.00 583.00 DELTA 10.65 5.87 15.93 10.77 9.05 2.61 21.03 13.71 10.77 1.98 3.57 15.03 13.90 5.75 3.46 9.61 6.91 COPYRIGHT © MORRISON-MAIERLE, INC., 2021 PLOTTED DATE: Jan/13/2021 PLOTTED BY: cody farley DRAWING NAME: N:\5659\005 NWX Phase 1 Major Sub\ACAD\Survey\PPLAT\5659005_NWX-PH1_PPLAT PLOT.dwg 1/4 SEC. SECTION TOWNSHIP RANGE PROJ. #: SHEET OF PRINCIPAL MERIDIAN, MONTANA DATE: COUNTY, MONTANA SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists Morrison Maierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 NWX, LLC 4 5 GALLATIN 5659.005 1:100 01/2021 MEE CJF MMI 5E 2S NE 04 TRACT 5 OF THE CERTIFICATE OF SURVEY No. 2552, SITUATED IN THE NE1/4 OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. NORTHWEST CROSSING PRELIMINARY PLAT SUBDIVISION HARVEST PARKWAY (71') COTTONWOOD ROAD (120') WEST OAK STREET (125') BAXTER LANE 100') TWIN LAKES AVENUE (66') ROSA WAY (60') EXISTING PUBLIC STREET AND UTILITY EASEMENT DOC. 2646562 EXISTING PUBLIC STREET AND UTILITY EASEMENT DOC. 2646562 60.0' PUBLIC STREET AND UTILITY EASEMENT DOC. 2649280 OWNER NWX, LLC 1735 SOUTH 19TH, SUITE B BOZEMAN, MT 59718 ZONING CITY OF BOZEMAN - B-2 & REMU PURPOSE TO CREATE 15 B2M / REMU LOTS, 15 RESTRICTED LOTS, AND CREATE PUBLIC EASEMENTS FOR INGRESS, EGRESS AND UTILITIES. EDGE OF ASPHALT FLOWLINE OF CURB /// /// TOP BACK OF CURB SIDEWALK EDGE OF GRAVEL WOOD FENCE CENTERLINE ROAD 8 W WATER MAIN W/ SIZE 8 SS SEWER MAIN W/ SIZE 8 SD STORM DRAIN W/ SIZE OVERHEAD POWER LINE BURIED TELEPHONE LINE BURIED GAS LINE BUSH/HEDGE DECIDUOUS TREE CONIFEROUS TREE SIGN FIRE HYDRANT WATER VALVE SANITARY SEWER MH STORM DRAIN MH STORM DRAIN INLET BURIED ELECTRIC LINE D Y H WV LIGHT POLE GUY ANCHOR POWER POLE TELEPHONE PEDESTAL/BOX WATER CURB STOP (CONTOUR INTERVAL = 0.5') EXISTING CONTOUR - MAJOR EXISTING CONTOUR - MINOR 8 W WATER MAIN W/ SIZE (GRAPHICAL) CONTROL POINTS WS WS WS WS WATER SERVICE WS WS WS WS WATER SERVICE (GRAPHICAL) 8 SS SEWER MAIN W/ SIZE (GRAPHICAL) ss ss ss ss SEWER SERVICE ss ss ss ss SEWER SERVICE (GRAPHICAL) MAILBOX BURIED FIBER OPTIC WATER WELL ELECTRICAL BOX LEGEND CHAIN LINK FENCE ELECTRICAL TRANSFORMER BOX DELINEATOR WIRE FENCE MONITORING WELL PROPOSED 50.0' PUBLIC ACCESS AND UTILITY EASEMENT 20.0' GAS PIPELINE EASEMENT DOC. 2329665 20.0' GAS PIPELINE EASEMENT 50.0' PUBLIC STREET DOC. 2329665 AND UTILITY EASEMENT DOC. 2649280 10.0' PUBLIC UTILITY EASEMENT DOC. 2649281 10.0' PUBLIC UTILITY EASEMENT DOC. 2649281 10.0' PUBLIC UTILITY EASEMENT DOC. 2649281 BAXTER DITCH DELINEATED WETLAND BOUNDARY ZONE 1 WATERCOURSE SETBACK ZONE 2 WATERCOURSE SETBACK NOTE: 1. LOT DEVELOPMENT IS SUBJECT TO FURTHER SUBDIVISION REVIEW. (SEE NOTE 1) (SEE NOTE 1) (SEE NOTE 1) (SEE NOTE 1) (SEE NOTE 1) ALL LOTS ARE SUBJECT TO THE FOLLOWING UTILITY EASEMENTS: - 10' ALONG PUBLIC RIGHTS-OF-WAY - 10' ALONG SIDE LOT LINES - 10' ALONG REAR LOT LINES UTILITY EASEMENTS BLOCK 3 BLOCK 2 BLOCK 1 BLOCK 4 BAXTER DITCH LOTS - 28.37 ACRES PARK - 16.55 ACRES RESTRICTED LOTS - 95.95 ACRES RIGHT-OF-WAY - 5.34 ACRES TOTAL - 146.21 ACRES AREA SUMMARY PROPOSED 70.0' PUBLIC STREET AND UTILITY EASEMENT BASIS OF BEARING THE BEARINGS SHOWN HEREON ARE RECORD FROM 10' P.U.E. TYP 10' P.U.E. TYP 10' P.U.E. TYP WELLSPRING DRIVE DAYSPRING AVENUE ZONE 1 WATERCOURSE SETBACK ZONE 2 WATERCOURSE SETBACK PROPOSED 30.0' PUBLIC ACCESS AND UTILITY EASEMENT PROPOSED 50.0' PUBLIC ACCESS AND UTILITY EASEMENT PROPOSED 30.0' WATER MAIN EASEMENT PROPOSED 60.0' PUBLIC STREET AND UTILITY EASEMENT 285 11.17 acs. RESTRICTED LOT 8 2.31 acs. RESTRICTED LOT 13 8.96 acs. N89°27'45"E 2231.85' RESTRICTED LOT 6 2.15 acs. RESTRICTED LOT 10 1.94 acs. S89°30'03"W 1310.88' RESTRICTED LOT 15 5.41 acs. RESTRICTED LOT 14 6.92 acs. RESTRICTED LOT 12 5.70 acs. RESTRICTED LOT 11 5.01 acs. PARK 1 4.27 acs. PARK 3 7.04 acs. RESTRICTED LOT 9 2.29 acs. PARK 2 5.35 acs. RESTRICTED LOT 5 2.37 acs. S21°21'12"W 83.84' S3°11'13"W 93.77' S58°15'08"W 148.24' C15 L3 S48°18'47"W 130.80' L2 L1 N0°25'52"E 517.83' C14 278.49' S42°26'02"W 90.22' C13 S6°08'12"E 157.73' S79°02'27"W 155.49' L18 L17 L16 L15 L14 L13 L12 N4°08'59"E 98.33' L11 L10 N67°07'22"E 109.13' S47°33'58"E 101.06' S0°16'40"E 68.19' S1°43'53"W 221.34' N88°26'15"W 99.78' C12 L39 L40 N13°53'53"W 106.36' L9 L8 L7 L6 L5 L4 260.00' 374.51' S0°32'15"E 281.27' S89°27'45"W 181.08' S31°06'03"W 68.85' L41 L43 L44 L42 L45 L46 L47 S9°01'50"E 87.28' C11 S79°02'27"W 108.02' N13°58'38"W 79.08' N6°07'56"W 162.21' L38 S88°05'25"W 120.00' S79°02'27"W 270.95' S89°27'45"W 205.90' C10 S0°32'15"E 408.73' N11°23'09"W 154.61' L = 1 5 1 .4 7 , R = 8 00 . 0 0 Δ = 10 ° 5 0 ' 5 4 " N0°41'30"W 196.26' N0°32'15"W 240.00' N13°58'38"W 79.08' S11°23'09"E 35.50' S78°41'34"W 227.20' N4°52'57"E 11.55' N11°20'10"W 341.72' L35 L36 L37 N13°19'15"W 36.38' N28°26'25"W 126.71' N11°23'06"W 309.63' C9 N28°02'50"W 286.66' C8 N6°07'32"W 101.87' S78°41'34"W 259.71' S78°41'34"W 440.85' N5°38'19"W 189.00' C7 L25 L24 L23 L22 L21 L20 L19 198.41' S78°41'34"W 117.78' C6 S89°30'02"W 167.97' N0°25'52"E 1104.66' S3°45'48"E 558.76' S3°45'48"E 190.82' C5 S0°29'58"E 94.05' S89°30'02"W 346.49' C4 N0°25'52"E 824.03' L34 L33 L32 L31 L30 L29 L28 S17°47'19"E 49.05' C3 S0°19'22"E 131.69' S89°27'38"W 165.41' C2 S78°41'34"W 260.91' C1 S86°19'35"W 105.29' S0°19'22"E 175.74' N89°30'02"E 92.85' L26 L27 S0°30'04"E 193.86' S89°30'02"W 700.76' S11°23'09"E 419.57' L = 1 9 7 . 6 6 , R = 97 0. 0 0 Δ = 1 1 ° 4 0 ' 3 2 " S0°30'35"E 441.03' S89°30'04"W 263.62' C39 N11°23'09"W 369.97' C38 12S 12S 12S 12S 12S 12S 12S 12S 12S 12S 12S 12S 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W PARCEL CURVE DATA SEGMENT C1 C2 C3 C4 C5 C6 C7 C8 C9 C11 C12 C13 C14 C15 LENGTH 58.65 28.29 48.06 41.31 33.24 37.73 336.98 76.50 58.16 46.03 115.99 169.53 59.77 182.02 RADIUS 353.81 161.14 180.95 100.00 600.00 200.00 370.00 200.00 200.00 484.62 180.00 200.00 100.00 151.30 DELTA 9.50 10.06 15.22 23.67 3.17 10.81 52.18 21.91 16.66 5.44 36.92 48.57 34.25 68.93 PARCEL LINE DATA SEGMENT L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 L41 L42 L43 L44 L45 L46 L47 LENGTH 36.46 29.00 36.38 20.95 24.86 22.09 62.77 39.81 57.81 76.78 52.92 56.89 49.53 77.84 56.81 87.20 50.39 38.78 16.02 63.35 62.90 54.20 57.51 78.37 57.29 18.67 6.41 103.95 10.75 47.48 51.65 65.94 32.38 34.21 101.08 37.97 38.93 113.89 25.99 30.00 52.76 32.22 46.14 13.60 59.77 45.01 34.07 DIRECTION N88° 41' 19"W S16° 35' 56"W S32° 07' 28"E N30° 57' 07"E N1° 33' 40"W N18° 25' 46"E N22° 55' 30"E N22° 20' 31"W N5° 47' 41"E N71° 08' 57"E N74° 01' 39"E N32° 13' 45"E N13° 55' 20"E N52° 31' 28"E N61° 24' 59"W N52° 02' 42"W N45° 50' 31"W N10° 33' 12"W N10° 33' 12"W N18° 33' 11"E N12° 07' 52"E N35° 11' 38"W N33° 21' 40"W N5° 58' 11"E N43° 32' 54"W S47° 02' 36"E S89° 30' 02"W S74° 07' 45"W S15° 52' 15"E S25° 32' 37"E S15° 37' 24"E S17° 51' 17"W S55° 49' 34"W S37° 15' 06"E N27° 55' 30"W N7° 34' 27"W N35° 34' 05"W N1° 03' 28"W S42° 26' 02"W N47° 33' 58"W S41° 43' 00"W S4° 47' 23"W S22° 03' 59"W S9° 06' 05"E S4° 02' 53"E S3° 20' 12"E S3° 39' 52"E COPYRIGHT © MORRISON-MAIERLE, INC., 2021 PLOTTED DATE: Jan/13/2021 PLOTTED BY: cody farley DRAWING NAME: N:\5659\005 NWX Phase 1 Major Sub\ACAD\Survey\PPLAT\5659005_NWX-PH1_PPLAT PLOT.dwg 1/4 SEC. SECTION TOWNSHIP RANGE PROJ. #: SHEET OF PRINCIPAL MERIDIAN, MONTANA DATE: COUNTY, MONTANA SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists Morrison Maierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 NWX, LLC 3 5 GALLATIN 5659.005 1:100 01/2021 MEE CJF MMI 5E 2S NE 04 TRACT 5 OF THE CERTIFICATE OF SURVEY No. 2552, SITUATED IN THE NE1/4 OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. NORTHWEST CROSSING PRELIMINARY PLAT SUBDIVISION WEST OAK STREET (125') BAXTER LANE 100') LAUREL PARKWAY (90') 45.0' PUBLIC STREET AND UTILITY EASEMENT DOC. 2649280 62.5' PUBLIC STREET AND UTILITY EASEMENT DOC. 2649280 50.0' PUBLIC STREET AND UTILITY EASEMENT DOC. 2649280 OWNER NWX, LLC 1735 SOUTH 19TH, SUITE B BOZEMAN, MT 59718 ZONING CITY OF BOZEMAN - B-2 & REMU PURPOSE TO CREATE 15 B2M / REMU LOTS, 15 RESTRICTED LOTS, AND CREATE PUBLIC EASEMENTS FOR INGRESS, EGRESS AND UTILITIES. EDGE OF ASPHALT FLOWLINE OF CURB /// /// TOP BACK OF CURB SIDEWALK EDGE OF GRAVEL WOOD FENCE CENTERLINE ROAD 8 W WATER MAIN W/ SIZE 8 SS SEWER MAIN W/ SIZE 8 SD STORM DRAIN W/ SIZE OVERHEAD POWER LINE BURIED TELEPHONE LINE BURIED GAS LINE BUSH/HEDGE DECIDUOUS TREE CONIFEROUS TREE SIGN FIRE HYDRANT WATER VALVE SANITARY SEWER MH STORM DRAIN MH STORM DRAIN INLET BURIED ELECTRIC LINE D Y H WV LIGHT POLE GUY ANCHOR POWER POLE TELEPHONE PEDESTAL/BOX WATER CURB STOP (CONTOUR INTERVAL = 0.5') EXISTING CONTOUR - MAJOR EXISTING CONTOUR - MINOR 8 W WATER MAIN W/ SIZE (GRAPHICAL) CONTROL POINTS WS WS WS WS WATER SERVICE WS WS WS WS WATER SERVICE (GRAPHICAL) 8 SS SEWER MAIN W/ SIZE (GRAPHICAL) ss ss ss ss SEWER SERVICE ss ss ss ss SEWER SERVICE (GRAPHICAL) MAILBOX BURIED FIBER OPTIC WATER WELL ELECTRICAL BOX LEGEND CHAIN LINK FENCE ELECTRICAL TRANSFORMER BOX DELINEATOR WIRE FENCE MONITORING WELL 10.0' PUBLIC UTILITY EASEMENT DOC. 2649281 10.0' PUBLIC UTILITY EASEMENT DOC. 2649281 10.0' PUBLIC UTILITY EASEMENT DOC. 2649281 BAXTER CREEK DELINEATED WETLAND BOUNDARY ZONE 1 WATERCOURSE SETBACK ZONE 2 WATERCOURSE SETBACK ZONE 1 WATERCOURSE SETBACK ZONE 2 WATERCOURSE SETBACK BAXTER DITCH DELINEATED WETLAND BOUNDARY ALL LOTS ARE SUBJECT TO THE FOLLOWING UTILITY EASEMENTS: - 10' ALONG PUBLIC RIGHTS-OF-WAY - 10' ALONG SIDE LOT LINES - 10' ALONG REAR LOT LINES UTILITY EASEMENTS NOTE: 1. LOT DEVELOPMENT IS SUBJECT TO FURTHER SUBDIVISION REVIEW. (SEE NOTE 1) (SEE NOTE 1) (SEE NOTE 1) (SEE NOTE 1) (SEE NOTE 1) (SEE NOTE 1) (SEE NOTE 1) (SEE NOTE 1) (SEE NOTE 1) (SEE NOTE 1) (SEE NOTE 1) LOTS - 28.37 ACRES PARK - 16.55 ACRES RESTRICTED LOTS - 95.95 ACRES RIGHT-OF-WAY - 5.34 ACRES TOTAL - 146.21 ACRES AREA SUMMARY BASIS OF BEARING THE BEARINGS SHOWN HEREON ARE RECORD FROM 284 TP TP TP TP TP TP TP TP TP TP T WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV EW EW EW EW EW EW EW EW ES ES ES ES ES ES ES ES ES ESD ESD ESD ESD ESD ESD ESD ESD ESD ESD ES ES ES ES ES ES ES ES ES ES ES ES EW EW EW EW EW EW EW EW E E P WV WW D D I II I I I I CO CO CO CO CO CO CO CO ES ES TP S MW MW MW MW MW MW MW MW MW PLI ZONING BOZEMAN COMMUNITY PLAN FUTURE LAND USE: PRESENT RURAL BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL RO ZONING BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL FLANDERS CREEK SUBDIVISION TRADITIONS SUBDIVISION PHASE 3 BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL R4 ZONING BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL R3 ZONING LAUREL GLEN SUBDIVISION PHASE 2 CREEKSTONE CONDO BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL R2 ZONING MINOR SUBDIVISION 201A BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL R4 ZONING MINOR SUBDIVISION 201A LAUREL GLEN SUBDIVISION PHASE 2 BOZEMAN COMMUNITY PLAN FUTURE LAND USE: PRESENT RURAL PLI ZONING BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL TRACT 4 COS 2552 TRACT 4 COS 2552 CITY OF BOZEMAN HIGH SC FERN & VESTA ANDERSON 4735 4730 4725 4720 4715 4735 4730 4725 4720 4715 4715 4720 4730 4735 RESTRICTED LOT 7 11.17 acs. LOT 14 7.10 acs. RESTRICTED LOT 3 12.29 acs. RESTRICTED LOT 8 2.31 acs. RESTRICTED LOT 13 8.96 acs. N89°27'45"E 2231.85' N89°27'45"E 2231.85' RESTRICTED LOT 6 2.15 acs. RESTRICTED LOT 4 8.85 acs. RESTRICTED LOT 10 1.94 acs. S89°30'03"W 1310.88' N89°29'56"E 1024.77' RESTRICTED LOT 2 8.80 acs. RESTRICTED LOT 1 11.67 acs. LOT 3 1.21 acs. LOT 2 0.76 acs. PUBLIC R-O-W RESTRICTED LOT 15 5.41 acs. RESTRICTED LOT 14 6.92 acs. RESTRICTED LOT 12 5.70 acs. RESTRICTED LOT 11 5.01 acs. PARK 1 4.27 acs. PARK 3 7.04 acs. RESTRICTED LOT 9 2.29 acs. N0°59'36"E 1144.41' PARK 2 5.35 acs. RESTRICTED LOT 5 2.37 acs. LOT 11 1.09 acs. LOT 13 1.00 acs. LOT 12 0.74 acs. LOT 10 0.81 acs. LOT 5 1.61 acs. LOT 6 1.25 acs. LOT 9 0.57 acs. LOT 15 5.26 acs. LOT 1 0.90 acs. LOT 7 2.89 acs. LOT 4 1.73 acs. LOT 8 1.48 acs. S S 8S 8S 8S 8S 8S 8S 8S 12S 12S 12S 12S 12S 8S 8S 8S 8S 8S 8S 12S 12S 12S 12S 12S 12S 8S 8S 12S 12S 12S 21S 21S 21S 24S 24S 8W 8W 8W 8W 8W 8W W W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W COPYRIGHT © MORRISON-MAIERLE, INC., 2021 PLOTTED DATE: Jan/13/2021 PLOTTED BY: cody farley DRAWING NAME: N:\5659\005 NWX Phase 1 Major Sub\ACAD\Survey\PPLAT\5659005_NWX-PH1_PPLAT PLOT.dwg 1/4 SEC. SECTION TOWNSHIP RANGE PROJ. #: SHEET OF PRINCIPAL MERIDIAN, MONTANA DATE: COUNTY, MONTANA SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists Morrison Maierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 NWX, LLC 2 5 GALLATIN 5659.005 1:150 01/2021 MEE CJF MMI 5E 2S NE 04 TRACT 5 OF THE CERTIFICATE OF SURVEY No. 2552, SITUATED IN THE NE1/4 OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. NORTHWEST CROSSING PRELIMINARY PLAT SUBDIVISION SEE SHEET 3 FOR PARCEL BEARING / DISTANCE INFORMATION. SEE SHEET 4 FOR PARCEL BEARING / DISTANCE INFORMATION. HARVEST PARKWAY (71') COTTONWOOD ROAD (120') WEST OAK STREET (125') BAXTER LANE 100') LAUREL PARKWAY (90') TWIN LAKES AVENUE (66') ROSA WAY (60') OWNER NWX, LLC 1735 SOUTH 19TH, SUITE B BOZEMAN, MT 59718 ZONING CITY OF BOZEMAN - B-2 & REMU PURPOSE TO CREATE 15 B2M / REMU LOTS, 15 RESTRICTED LOTS, AND CREATE PUBLIC EASEMENTS FOR INGRESS, EGRESS AND UTILITIES. BUSH/HEDGE DECIDUOUS TREE CONIFEROUS TREE SIGN FIRE HYDRANT WATER VALVE SANITARY SEWER MH STORM DRAIN MH STORM DRAIN INLET D Y H WV LIGHT POLE GUY ANCHOR POWER POLE TELEPHONE PEDESTAL/BOX WATER CURB STOP CONTROL POINTS MAILBOX WATER WELL ELECTRICAL BOX LEGEND ELECTRICAL TRANSFORMER BOX DELINEATOR EDGE OF ASPHALT FLOWLINE OF CURB /// /// TOP BACK OF CURB SIDEWALK EDGE OF GRAVEL WOOD FENCE CENTERLINE ROAD 8 W WATER MAIN W/ SIZE 8 SS SEWER MAIN W/ SIZE 8 SD STORM DRAIN W/ SIZE OVERHEAD POWER LINE BURIED TELEPHONE LINE BURIED GAS LINE BURIED ELECTRIC LINE (CONTOUR INTERVAL = 0.5') EXISTING CONTOUR - MAJOR EXISTING CONTOUR - MINOR 8 W WATER MAIN W/ SIZE (GRAPHICAL) WS WS WS WS WATER SERVICE WS WS WS WS WATER SERVICE (GRAPHICAL) 8 SS SEWER MAIN W/ SIZE (GRAPHICAL) ss ss ss ss SEWER SERVICE ss ss ss ss SEWER SERVICE (GRAPHICAL) BURIED FIBER OPTIC CHAIN LINK FENCE WIRE FENCE AIR CONDITIONING UNIT MONITORING WELL BAXTER DITCH BAXTER CREEK PH-2 PH-1 DELINEATED WETLAND BOUNDARY ZONE 1 WATERCOURSE SETBACK ZONE 2 WATERCOURSE SETBACK DELINEATED WETLAND BOUNDARY ZONE 1 WATERCOURSE SETBACK ZONE 2 WATERCOURSE SETBACK ALL LOTS ARE SUBJECT TO THE FOLLOWING UTILITY EASEMENTS: - 10' ALONG PUBLIC RIGHTS-OF-WAY - 10' ALONG SIDE LOT LINES - 10' ALONG REAR LOT LINES UTILITY EASEMENTS LOTS - 28.37 ACRES PARK - 16.55 ACRES RESTRICTED LOTS - 95.95 ACRES RIGHT-OF-WAY - 5.34 ACRES TOTAL - 146.21 ACRES AREA SUMMARY BASIS OF BEARING THE BEARINGS SHOWN HEREON ARE RECORD FROM WELLSPRING DRIVE DAYSPRING AVENUE PH-2 PH-1 283 Tax ID No. _________________________________________ Tax ID No. CERTIFICATE OF COUNTY TREASURER I, Mitch Reister, Director of Public Works, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to the law, approve it, and hereby accept the dedication to the City of Bozeman for the public use of any and all lands shown on the plat as being dedicated to such use. Dated this __________ day of ____________________, 2020. ________________________________________ Mitch Reister Director of Public Works City of Bozeman, Montana Northwest Crossing Subdivision, Gallatin County, Montana, is within the City of Bozeman, Montana, a first class municipality, and with the planning area of the Bozeman growth policy which was adopted pursuant to Section 76-1-601 et seq., MCA, and can be provided with adequate storm water drainage and adequate municipal facilities. Therefore under the provisions of Section 76-4-125(1)(d), MCA, this survey is excluded from the requirement for Montana Department of Environmental Quality review. Dated this ________________________ day of _______________________________, 2020. __________ ______________________ Mitch Reister Director of Public Works City of Bozeman, Montana CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW CERTIFICATE OF DIRECTOR OF PUBLIC WORKS NWX, LLC By: ________________________________________________________________________________ __________ ___________, Authorized Representative Dated State of ____________________________________ County of ___________________________________ On this _______ day of __________________, 2020, before me, the undersigned Notary Public for the State of _____________________ personally appeared __________________, known to me to be the Authorized Representative of ___________________ and acknowledged to me that said _____________________ executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ CERTIFICATE OF DEDICATION CERTIFICATE OF COMPLETION OF IMPROVEMENTS I, __________________ and I, ________________________, a Registered Professional Engineer licensed to practice in the State of Montana, hereby certify that the following improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code or as Conditions of Approval of the Final Plat of The Northwest Crossing Subdivision have been installed in conformance with the approved plans and specifications, or financially guaranteed and covered by the improvements agreement accompanying this plat. Installed Improvements: 1. Street Improvements 2. Sewer and Water Improvements 3. Storm Water Improvements Financially Guaranteed Improvements: 1. Sidewalks The subdivider hereby warrants against defects in these improvements for a period of two years from the date of acceptance by the City of Bozeman. The subdivider grants possession of all public infrastructure improvements to the City of Bozeman and the City hereby accepts possession of all public infrastructure improvements, subject to the above indicated warranty. __________ _____________________________ ____________________________ __________ _______ Authorized Representative Dated NWX, LLC __________ _____________________________ ____________________________ Matt E. Ekstrom, PE Dated MT Reg. No. 10853PE Morrison Maierle, Inc. __________ _____________________________ ____________________________ Mitch Reister Dated Director of Public Works City of Bozeman, Montana All streets, alleys, and right-of-way, shown hereon as "DEDICATED", are not easements. The intent of dedication is to convey all the streets, alleys, and right-of-way to the public, upon acceptance by the governing authority, DEDICATION AND EASEMENT NOTE BASIS OF BEARING THE BEARINGS SHOWN HEREON ARE RECORD FROM TRACT 5 OF THE CERTIFICATE OF SURVEY No. 2552, SITUATED IN THE NE1/4 OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. PRELIMINARY PLAT OWNER NWX, LLC 1735 SOUTH 19TH, SUITE B BOZEMAN, MT 59718 ZONING CITY OF BOZEMAN - B-2M & REMU NORTHWEST CROSSING SUBDIVISION PURPOSE TO CREATE 15 B2M / REMU LOTS, 15 RESTRICTED LOTS, AND CREATE PUBLIC EASEMENTS FOR INGRESS, EGRESS AND UTILITIES. We, the undersigned mortgagees or encumbrancers do hereby join in and consent to the described plat, releasing our respective liens, claims, or encumbrances as to any portion of said lands now being platted into streets, avenues, parcels or other public areas which are dedicated to Gallatin County for the public use and enjoyment. CONSENT OF MORTGAGEE Dated this _________________________ day of _________________________, 20___. ____________________________________________________________________________ Opportunity Bank of Montana By: __________________________ Authorized Signatory STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) This instrument was acknowledged before me on __________________, 20___, the undersigned Notary Public, personally appeared _____________________, known to me to be Authorized Signatory of Opportunity Bank of Montana who signed the foregoing instrument and acknowledged to me that Opportunity Bank of Montana executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first above written. ________________________________[signature] Notary Public for the State of Montana ( S E A L ) ________________________________ [printed name] Residing at:________________, ___________ (City) (State) My commission expires:____________, 20___ SCALE: 1" = 2000' VICINITY MAP PROJECT AREA BAXTER LANE I-90 WEST OAK ST. LAUREL PARKWAY COTTONWOOD RD. We, the undersigned property owners, do hereby certify that we have caused to be surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, as shown by the plat hereunto included the following described tract of land to wit: Northwest Crossing Subdivision, being the NE ¼ of Section 4 also known as Tract 5 of Certificate of Survey No. 2552; situated in the NE ¼ of Section 4, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana, more particularly described as follows: Beginning at the Northeast Corner of Section 4 as described in Certified Corner Record Book 2, Page 261 doc. # 154636 and Book 4, Page 276 doc # 2412303, also being the Southeast Corner of Tract 1 of Certificate of Survey No. 2553, the Point of Beginning; thence S.0°59'41”W. along the line between Section 4 and Section 3 a distance of 2627.49 feet to the East ¼ Corner of Section 4 as described in Certified Corner Record Book 2, Page 251 doc. # 153209; thence S.89°30'03”W. along the mid-section line of Section 4 a distance of 2649.87 feet to the Center ¼ Corner of Section 4 as described in Certified Corner Record Book 2, Page 1427 doc. # 336115, also being the Southeast Corner of Tract 4 of Certificate of Survey No. 2552; thence N.0°25'52”E. along the east line of said Tract 4 of Certificate of Survey No. 2552 a distance of 2625.17 feet to the North ¼ Corner of Section 4 as described in Certified Corner Record Book 3, Page 922 doc. # 2294184 also being the Southwest Corner of Tract 1 of Certificate of Survey No. 2553; thence N.89°27'46”E along the south line of said Tract 1 of Certificate of Survey No. 2553 a distance of 2675.75 feet to the Point of Beginning. The area of the above described parcel of land is 160.51 acres, more or less. The above-described tract of land is to be known and designated as “Northwest Crossing Subdivision”, City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, and parks or public lands shown on said plat are hereby granted and donated to the City of Bozeman for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, avenues, alleys, and parks or public lands dedicated to the public are accepted for public use, but the City of Bozeman accepts no responsibility for maintaining the same. The owner agrees that the City of Bozeman has no obligation to maintain the lands included in all streets, avenues, alleys, and parks or public lands, hereby dedicated to public use. The undersigned hereby grants unto each and every person firm or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as "Utility Easement" to have and to hold forever. NOTICE IS HEREBY GIVEN to all potential purchasers of Lot “” of Block “”, and Lot “” of Block “”, of the Northwest Crossing Subdivision, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38.270 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision, and no development of this lot shall occur until all on and off site improvements are completed as required under the Bozeman Municipal Code. THREREFORE, BE ADVISED, that Building Permits will not be issued for Lot “” of Block “”, and Lot “” of Block “”, of the Northwest Crossing Subdivision , City of Bozeman, Gallatin County, Montana until all required on and off site improvements are completed and accepted by the City of Bozeman. No building structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman. NOTES ALL LOTS ARE SUBJECT TO THE FOLLOWING UTILITY EASEMENTS: - 10' ALONG PUBLIC RIGHTS-OF-WAY - 10' ALONG SIDE LOT LINES - 10' ALONG REAR LOT LINES UTILITY EASEMENTS LOTS - 28.37 ACRES PARK - 16.55 ACRES RESTRICTED LOTS - 95.95 ACRES RIGHT-OF-WAY - 5.34 ACRES TOTAL - 146.21 ACRES AREA SUMMARY 282 • SEATING • SPORT COURT • ACTIVITY LAWN • INTERNAL PATHWAYS • GARDENS PARK NODE • SHELTER/PAVILION • ADVENTURE PLAY • PICNIC TABLES • SEATING • SPORT COURT • ACTIVITY LAWN • INTERNAL PATHWAYS ON-STREET PARKING • APPROX 175 DIRECTLY ADJACENT SPACES LOOP TRAIL TRAIL WAYSIDE • SEATING/BENCHES • INTERPRETIVE SIGNS • EXERCISE STATIONS • COMMUNITY GAMES TRAIL WAYSIDE • SEATING/BENCHES • INTERPRETIVE SIGNS • EXERCISE STATIONS • COMMUNITY GAMES General Notes: • Potential amenities shown are conceptual and subject to change based on final lot and roadway layout for each phase, site, and project constraints. Homestead park may be phased as parcels are further subdivided and developed. • Additional trails may be added to the west side of the park pending final adjacent lot layout. • Impacts to wetland areas to be mitigated as required. Final limit of disturbance to be determined at final plat or site plan for each planning area. • Trails and other developed amenities to comply with City wetland, floodway and stormwater detention setback requirements. • All trails to be soft surface or concrete and comply with current City design requirements. • 25’ public access easement is required along trails within the watercourse setback. CLASS IIA TRAIL - RECREATION PATHWAY PARK AREA BOUNDARY POTENTIAL STORMWATER DETENTION AREAS, TYP. BAXTER LANE ROSA WAY PARK 3 PARK 1 PARK 2 PARK LINEAR PARK TRADITIONS DRIVE TOUCHSTONE LANE WEST OAK STREET H O M E S T E A D C R E E K HOMESTEAD PARK VISION Homestead Park, as the heart of the community, is approximately 15 acres and includes wetlands, upland landscape, developed parkland and amenities for both active and passive use. Stormwater detention are also located within the park boundary but are not included in the qualified park acreage. See MSP 1.04 for detailed breakdown of wetland setbacks and unrestricted area within the park. Final park interfaces with adjacent properties is subject to more detailed planning and design of future subdivisions and shall comply with City requirements for setbacks, buffers and building envelope locations. Expansion of Homestead Park to the east or west is also possible depending on final design of adjacent parcels. Homestead Park’s location along Rosa Way, makes this park highly visible and creates an opportunity to showcase a high-quality park environment. Homestead Creek provides the natural open space framework for the park, tying together multiple developed amenity areas. Homestead Creek (currently Baxter Ditch) has perennial stream flows and will be enhanced ABIGAIL LANE ABIGAIL LANE to establish diverse native vegetation and support stabilized bank conditions. Multiple amenity areas are spread throughout the park, providing convenient access to neighbors on each side of the park. Developed amenities are located outside of wetland setbacks. Over 1/2-mile of internal trail loop connects each developed area in the park. Pedestrian bridge crossings of Homestead Creek will support east-west connectivity and create short trail loop options. Developed areas are intended to include a variety of neighborhood park features such as: • Shelters/pavilions • Traditional, nature-based and adventure play • Picnic tables and seating • Sport courts (pickleball, half-court basketball, volleyball) • Activity lawns • Educational gardens (pollinator, grassland, low water, etc.) • Community/lawn games (bocce ball, bag toss, horseshoes, etc.) Park Area Park Perimeter (LF) % Frontage Approx Developed Park Area (Ac) Approx On- Street Parking Spaces Approx Total Users Users per Acre P1 1320 50.6% ** 1.2 15 37.5 30.2 P2 2241 61.8% 1.7 65 162.5 95.3 P3 2776 67.8% 1.4 85 212.5 151.0 TOTAL 4.4 160 412.5 **Note: Most of the south portion of P1 is functioning as a linear park. The qualified park located in P1 is provided with a large amount of direct road frontage. 279 providing quality nature-based recreation, play and leisure opportunities in addition to traditional park amenities. See sheet MSP 1.05 for road frontage calculations. Maintenance Park maintenance responsibility will fall to the Parks Division upon acceptance of parkland dedication (easement or deed) and park staff acceptance of improvements. Phasing Potenial phasing is noted on the plan. Sequencing of phases dependent on phasing of overall development and subdivision review of individual planning areas. City shall review and approve individual park designs through the subdivision and site plan review process. Park Provided PARK STREETSCAPE OPEN SPACE CLASS IB TRAIL - TRANSPORTATION PATHWAY CLASS IIA TRAIL - RECREATION PATHWAY DETACHED SIDEWALK WETLANDS BOUNDARY WETLANDS BUFFER ZONE 1 WETLANDS BUFFER ZONE 2 APPROXIMATE CHANNEL CENTERLINE PEDESTRIAN BRIDGE HOMESTEAD PARK EAST/WEST PARK CONNECTOR LEGEND 70’ PUBLIC ACCESS EASEMENT MSP 1.04 P1 P2 P3 P1 P2 P3 SEE HOMESTEAD PARK VISION FOR POTENTIAL AMENITIES IN P1, P2, & P3 REGIONAL TRAIL CONNECTION REGIONAL TRAIL CONNECTION LAUREL PARKWAY (90’ ROW) HAVENWOOD DRIVE ABIGAIL LANE ROSA WAY DAYSPRING AVENUE TWIN LAKES AVENUE COTTONWOOD ROAD (120’ ROW) BAXTER LANE (100’ ROW) WEST OAK STREET (125’ ROW) TOUCHSTONE LANE WILDWOOD LANE BOZEMAN SPORTS PARK FLANDERS CREEK SUBDIVISION (PHASE ONE) (PHASE TWO) LAUREL GLEN SUBDIVISION PHASE 2 FUTURE HIGH SCHOOL B D C F G J I H K L M N O Q P S T U R B R I A R W O O D L A N E A HARVEST PARKWAY W E L L S P R I N G D R I V E Location Unrestricted (Ac) 20’ Wetland Setback (Ac) 30’ Wetland Buffer (Ac) Wetland (Ac) Stormwater (Ac) Total Acres Park 1 1.24 0.55 1.21 0.46 .81 4.27 Park 2 1.72 0.58 1.12 0.96 .98 5.36 Park 3 1.24 1.02 1.89 2.32 .44 6.91 Qualifying Park 1,2,3 4.20 Non-Qualifying Land 1,2,3 7.96 Land within Park 1,2,3 Boundary 14.32 East Park ** 2.0 2.0 West Park ** 2.0 2.0 NWX Total Qualifying Park Acres 8.20 NWX TOTAL ESTIMATED PARK ACRES 20.54 (PHASE THREE) 278 Streets 38.400.010 Yes DocuSign Envelope ID: 3B5E175F-0AD9-439D-901E-6A02ED6B1449 271 PROJ. #: SHEET OF PRINCIPAL MERIDIAN, MONTANA DATE: COUNTY, MONTANA SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: BARTIMCO 3 3 Gallatin 2286.008 1" = 100' 08/20/2018 MEE CJF JCW 5 EAST 1 SOUTH 27 22 NE SE SITUATED IN THE SE ¼ SECTION 22 AND THE NE ¼ SECTION 27, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. 194 4605 4591 4592 4593 4594 4594 4594 4596 4597 4598 4599 4601 4602 4603 4603 4603 4604 X X X X X X BT BT BT BT BT BT BT BT BT BT BT BT PETRO PETRO PETRO PETRO PETRO PETRO PETRO PETRO PETRO PETRO X X OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT OHP OHP OHP OHP OHP OHP OHP OHP OHP BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W 16W FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM FM BLOCK 4 BLOCK 6 BLOCK 5 BLOCK 3 BLOCK 1 BLOCK 2 BLOCK 7 BLOCK 8 BLOCK 6 LOT 1 6.13 acs. BLOCK 3 LOT 6 3.31 acs. BLOCK 2 LOT 7 1.38 acs. BLOCK 2 LOT 8 1.11 acs. BLOCK 2 LOT 9 1.95 acs. BLOCK 2 LOT 10 2.08 acs. BLOCK 2 LOT 11 0.99 acs. BLOCK 2 LOT 12 0.72 acs. BLOCK 2 LOT 13 0.70 acs. BLOCK 1 LOT 20 1.59 acs. BLOCK 1 LOT 21 1.51 acs. BLOCK 8 LOT 25 1.78 acs. BLOCK 7 LOT 26 4.47 acs. BLOCK 7 LOT 27 5.50 acs. LIFT STATION TRACT 0.10 acs. BLOCK 5 LOT 2 3.01 acs. 417.86' 597.01' S5°24'17"E 440.78' N88°01'48"W 652.06' 45.02' 231.93' S0°01'20"W 535.04' S87°59'02"E 279.94' 212.17' S87°59'02"E 214.93' S89°59'56"E 214.66' S89°59'56"E 272.43' 175.57' 189.50' N89°59'56"W 140.39' N89°59'56"W 140.39' N89°59'56"W 193.49' N0°00'04"E 189.34' 231.10' N88°06'35"W 185.46' S88°06'34"E 140.46' N0°00'04"E 224.84' N89°59'56"W 140.39' S0°00'04"W 215.58' N0°00'04"E 157.59' N37°21'37"E 300.00' S52°18'43"E 258.02' 700.72' R =2 3 0 . 0 0 ' L = 188 . 30 ' Δ =4 6 ° 5 4' 26 " S52°18'43"E 195.14' 294.97' S5°24'17"E 337.94' N89°59'56"W 424.46' S37°41'21"W 113.37' 251.47' N5°24'17"W 70.15' 66.85' N89°59'56"W 60.09' STORMWATER TRACT 1 0.67 acs. STORMWATER TRACT 2 0.55 acs. BLOCK 3 LOT 4 2.88 acs. BLOCK 5 LOT 3 2.36 acs. BLOCK 4 LOT 16 2.14 acs. BLOCK 2 LOT 15 2.67 acs. BLOCK 2 LOT 14 2.04 acs. BLOCK 4 LOT 19 1.27 acs. BLOCK 4 LOT 18 0.95 acs. BLOCK 4 LOT 17 0.97 acs. BLOCK 8 LOT 24 2.41 acs. N8°28'37"W 105.95' 269.96' S0°07'18"W 104.76' 191.07' S0°01'20"W 122.61' N89°52'46"W 198.29' N87°59'02"W 332.14' N6°49'13"W 75.62' S0°07'18"W 403.10' S87°59'02"E 236.45' N6°49'13"W 75.40' N10°00'41"E 341.15' N89°52'46"W 285.80' N87°59'02"W 483.08' S5°24'17"E 133.81' N6°49'13"W 343.82' S87°59'02"E 308.76' S0°00'04"W 229.44' S0°00'04"W 175.51' S89°59'43"W 261.38' N4°58'44"W 78.90' N6°49'13"W 339.64' S0°02'05"W 221.88' S89°59'43"W 480.92' S4°58'44"E 281.00' S52°18'43"E 145.23' R = 1 7 0. 0 0 ' L = 1 06. 2 1 ' Δ = 3 5 ° 4 7 ' 5 2 " S88°06'34"E 23.74' S89°59'43"W 261.38' S0°00'04"W 215.58' S88°06'34"E 140.46' N0°00'04"E 220.21' S54°50'56"E 115.35' S4°58'44"E 331.77' N52°18'43"W 340.09' N37°41'17"E 238.84' S54°50'56"E 175.41' N52°18'43"W 175.24' N37°41'17"E 231.08' N54°50'56"W 100.33' N89°59'56"W 191.24' S5°24'17"E 76.50' R = 1 7 0 .00 ' L = 1 3 9 .18 ' Δ = 4 6 ° 5 4' 2 6 " S52°18'43"E 75.17' N37°41'17"E 231.08' S52°18'43"E 192.63' S4°58'44"E 60.71' S3°49'09"E 210.72' N69°31'56"W 75.44' 403.25' N37°21'16"E 300.01' 258.05' COMMON OPEN SPACE 1 0.66 acs. COMMON OPEN SPACE 2 0.47 acs. COMMON OPEN SPACE 3 0.27 acs. N3°23'47"E 122.81' BLOCK 3 LOT 5 2.71 acs. 222.49' S0°01'20"W 535.04' N87°59'02"W 222.63' N0°01'20"E 405.07' N10°00'41"E 285.79' N68°10'28"E 100.28' N89°52'46"W 198.29' S87°59'02"E 258.18' 543.88' N0°01'20"E 527.68' S0°07'18"W 507.87' 226.49' S87°59'02"E 245.12' S5°24'17"E 431.94' S0°07'18"W 69.70' S54°50'56"E 391.09' S89°59'56"E 474.26' N0°00'04"E 404.91' S89°59'56"E 487.10' N0°00'04"E 404.95' S89°59'56"E 418.97' 157.68' S88°06'34"E 424.39' N0°00'04"E 328.66' BLOCK 1 LOT 22 3.01 acs. BLOCK 1 LOT 23 1.90 acs. 462.07' N89°59'56"W 413.77' S37°41'29"W 0.70' S29°56'38"W 122.23' S 16°20'13"E 128.36' S3°49'09"E 227.55' S69°31'56"E 58.60' S52°18'31"E 98.49' S15°43'59"E 81.76' N88°06'34"W 65.74' R = 2 3 0 . 0 0 ' L = 1 4 3 . 7 0 ' Δ = 3 5 ° 47 ' 5 2 " N52°18'43"W 89.93' N0°00'04"E 171.07' S52°18'43"E 40.80' S4°58'44"E 30.07' N69°31'56"W 32.91' N16°20'13"W 128.05' S52°18'43"E 1613.49' N1°48'08"E 712.83' 60.28' S89°52'46"E 2047.78' 136.68' N87°59'02"W 30.36' S87°59'02"E 30.36' N52°18'43"W 40.80' N1°53'26"E 836.91' N2°00'58"E 1412.22' S52°18'43"E 581.25' 157.16' COPYRIGHT © MORRISON-MAIERLE, INC., 2018 PLOTTED DATE: Sep/04/2018 PLOTTED BY: dean squires DRAWING NAME: N:\2286\008\ACAD\Survey\PPLAT\2286008_PPLAT-PLOT.dwg 1/4 SEC. SECTION TOWNSHIP RANGE PROJ. #: SHEET OF PRINCIPAL MERIDIAN, MONTANA DATE: COUNTY, MONTANA SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: BARTIMCO 2 3 Gallatin 2286.008 1" = 100' 09/04/2018 MEE CJF JCW 5 EAST 1 SOUTH 27 22 NE SE engineers surveyors planners scientists Morrison Maierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net BASIS OF BEARING THE BEARINGS SHOWN HEREON ARE RECORD FROM C.O.S. 1827A SITUATED IN THE SE ¼ SECTION 22 AND THE NE ¼ SECTION 27, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. PRELIMINARY PLAT OWNER BAR TIM CO. PROPERTIES, LLC. 701 GOLD AVENUE BOZEMAN, MT 59715 ZONING CITY OF BOZEMAN - M-1 NELSON MEADOWS SUBDIVISION PURPOSE TO CREATE (27) INDUSTRIAL LOTS, (2) STORM WATER TRACTS, (1) LIFT STATION TRACT, AND CREATE PUBLIC EASEMENTS FOR INGRESS, EGRESS AND UTILITIES. PRINCE LANE (60') ROYAL WOLF WAY (60') 30' PUBLIC TRAIL EASEMENT 25' PUBLIC TRAIL EASEMENT 25' PUBLIC TRAIL EASEMENT 25' PUBLIC TRAIL EASEMENT 30' PUBLIC UTILITY EASEMENT 30' PUBLIC STREET AND UTILITY EASEMENT 30' PUBLIC TRAIL EASEMENT ALL LOTS ARE SUBJECT TO THE FOLLOWING UTILITY EASEMENTS: - 20' ALONG PUBLIC RIGHTS-OF-WAY - 10' ALONG SIDE LOT LINES - 10' ALONG REAR LOT LINES UTILITY EASEMENTS NELSON ROAD DELINEATED WETLAND BOUNDARY (50') WATERCOURSE SETBACK 60' DEDICATED ROW 60' DEDICATED ROW GROUND WATER MONITORING WELL (TYP.) YELLOWSTONE PIPELINE COMPANY RIGHT-OF-WAY EASEMENT PER BOOK 113, PAGE 236 60' COUNTY ROAD EASEMENT COUNTY ROAD MAP TOWNSHIP 1 SOUTH, RANGE 5 EAST, SHEET No. 4 AND 5 ROAD NO. 42. FIELD BOOK 162, PAGE 41 60' COUNTY ROAD EASEMENT COUNTY ROAD MAP TOWNSHIP 1 SOUTH, RANGE 5 EAST, SHEET No. 4 AND 5 ROAD NO. 42. FIELD BOOK 162, PAGE 41 45.0' PUBLIC STREET AND UTILITY EASEMENT PER DOC.# 2616298 15.0' PUBLIC STREET AND UTILITY EASEMENT PER DOC.# 2616298 20.0' MONTANA POWER COMPANY GAS PIPE LINE RIGHT-OF-WAY EASEMENT PER FILM 52, PAGE 2286 YELLOWSTONE PIPELINE COMPANY RIGHT-OF-WAY EASEMENT PER BOOK 113, PAGE 236 YELLOWSTONE PIPELINE COMPANY RIGHT-OF-WAY EASEMENT PER BOOK 113, PAGE 236 20.0' MONTANA POWER COMPANY GAS PIPE LINE RIGHT-OF-WAY EASEMENT PER FILM 52, PAGE 2286 PARCEL 1 & 2 & TRACT C COS 2581 TRACT 2 COS 2188C TRACT 1A COS 1372A TRACT MDT COS 473F TRACT 2 COS 2217A TRACT COB COS 473F PLI ZONING BOZEMAN COMMUNITY PLAN FUTURE LAND USE: PRESENT RURAL GALLATIN COUNTY BOZEMAN AREA PLANNING JUSRISDICTION BOZEMAN COMMUNITY PLAN FUTURE LAND USE: PRESENT RURAL BOZEMAN COMMUNITY PLAN FUTURE LAND USE: PRESENT RURAL BOZEMAN COMMUNITY PLAN FUTURE LAND USE: PUBLIC INSTITUTIONS I-90 FRONTAGE ROAD VALLEY CENTER SPUR ROAD AREA SUMMARY LOTS 61.51 Ac. OPEN SPACE TRACTS 1.40 Ac. LIFT STATION TRACT 0.10 Ac. STORM WATER TRACTS 1.22 Ac. RIGHT-OF-WAY 5.03 Ac. TOTAL: 69.26 Ac. CATTAIL CREEK CATTAIL CREEK CATTAIL CREEK LEGEND FOUND PUBLIC LAND SURVEY SYSTEM SECTION MARKED, "STATE OF MT, DEPT. OF HIGHWAYS, 5606S 1989". EDGE OF ASPHALT C.C.R. BOOK 2, PAGE 792 / /// EDGE OF GRAVEL BOTTOM EDGE OF DITCH CENTERLINE OF ROAD OVERHEAD POWER LINE BURIED TELEPHONE LINE BUSH/HEDGE DECIDUOUS TREE CONIFEROUS TREE SIGN LIGHT POLE GUY ANCHOR POWER POLE EXISTING CONTOUR - MAJOR 5' EXISTING CONTOUR - MINOR 1' PVC MONITOR WELL ELECTRICAL BOX [] [] [] [] [] WIRE FENCE BURIED PETROLEUM PIPELINE T T P TELEPHONE PEDESTAL / BOX CABLE TV PEDESTAL / BOX MW COUNTY ROAD EASEMENT LINE BURIED TELEPHONE LINE 8S 8S PROPOSED SEWER LINE 16W 16W PROPOSED WATER LINE 30' PUBLIC UTILITY EASEMENT LOT 21 AND 22 SHARED ACCESS LOT 9 AND 10 SHARED ACCESS P.O.B. 30' PUBLIC UTILITY EASEMENT 100' TEMPORARY TURNAROUND S1/2SW1/4 S23 COS 2952 - STATE HIGHWAY & COS 2332 40' COUNTY ROAD EASEMENT ROAD PETITION NO. 259 COUNTY ROAD MAP TOWNSHIP 1 SOUTH, RANGE 5 EAST, SHEET No. 4 FIELD BOOK 162, PAGE 41 30.0' (TYP.) 100.0' BUILDING SETBACK FM FM PROPOSED SEWER FORCE MAIN SIGNAGE EASEMENT AREA: 0.04 Ac. GROUND WATER MONITORING WELL (TYP.) 193 CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW CERTIFICATE OF DIRECTOR OF PUBLIC WORKS BARTIMCO PROPERTIES, LLC By: _______________________________________________________, Authorized Representative State of ____________________________________ County of ___________________________________ On this _______ day of __________________, 2018, before me, the undersigned Notary Public for the State of _____________________ personally appeared __________________, known to me to be the Authorized Representative of ___________________ and acknowledged to me that said _____________________ executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ We, the undersigned property owners, do hereby certify that we have caused to be surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, as shown by the plat hereunto included the following described tract of land to wit: Nelson Meadows Subdivision, being Tract 1C and Tract 1D of Certificate of Survey No. 1372 B, located in the SE ¼ of Section 22, and that portion of the Northeast quarter of the Northeast quarter (NE1/4 NE1/4) and the East Half of the East Half of the West Half of the Northeast quarter (E1/2 E1/2 W1/2 NE1/4) of Section 27 lying North and East of the Burlington Northern Railroad Right-of-Way, excepting that portion of the NE1/4 NE1/4 sold to the Montana Department of Transportation by deed recorded in Document No. 2175391 as recorded in the office of the Clerk and Recorder of Gallatin County, Montana; situated in Township 1 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana, more particularly described as follows: Beginning at the Northeast Corner of Section 27, also being the Southeast Corner of Tract 1C of Certificate of Survey No. 1372 B, the Point of Beginning; thence S.1°53'26”W. along the East line of Section 27 a distance of 836.91 feet to the Northeast Right-of-Way line of the Burlington Northern Railroad; thence N.52°18'43”W. along said Railroad Right-of-Way a distance of 581.25 feet to the Right-of-Way of the Montana Department of Transportation Bargain and Sale Deed Document No. 2175391; thence N.37°41'29”E. along said Right-of-Way a distance of 0.70 feet; thence N.15°43'59”W. a distance of 81.76 feet; thence N.52°18'31”W. a distance of 98.49 feet; thence N.69°31'56”W. a distance of 166.95 feet to the Northeast Right-of-Way line of the Burlington Northern Railroad; thence N.52°18'43”W. along said Railroad Right-of-Way a distance of 1613.49 feet; thence N.1°48'08”E. a distance of 712.83 feet; thence S.89°52'46”E. a distance of 2047.78 to the Northeast Corner of Tract 1C of Certificate of Survey No. 1372 B, also being the West Right-of-Way line of a 40' wide County Road No. 259 Easement; thence S.2°00'58”W. a distance of 1412.22 to the Point of Beginning. The area of the above described tracts of land being 69.263 Acres, more or less. The above-described tract of land is to be known and designated as ³1HOVRQ0HDGRZV 6XEGLYLVLRQ´, City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, and parks or public lands shown on said plat are hereby granted and donated to the City of Bozeman for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, avenues, alleys, and parks or public lands dedicated to the public are accepted for public use, but the City of Bozeman accepts no responsibility for maintaining the same. The owner agrees that the City of Bozeman has no obligation to maintain the lands included in all streets, avenues, alleys, and parks or public lands, hereby dedicated to public use. The undersigned hereby grants unto each and every person firm or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as "Utility Easement" to have and to hold forever. CERTIFICATE OF DEDICATION CERTIFICATE OF COMPLETION OF IMPROVEMENTS I, __________________ and I, ________________________, a Registered Professional Engineer licensed to practice in the State of Montana, hereby certify that the following improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code or as Conditions of Approval of the Final Plat of Nelson Meadows Subdivision have been installed in conformance with the approved plans and specifications, or financially guaranteed and covered by the improvements agreement accompanying this plat. Installed Improvements: None Financially Guaranteed Improvements: 1. Street Improvements 2. Sewer & Water Improvements 3. Storm Water Improvements 4. Sidewalk Improvements 5. Open Space Improvements The subdivider hereby warrants against defects in these improvements for a period of two years from the date of acceptance by the City of Bozeman. The subdivider grants possession of all public infrastructure improvements to the City of Bozeman and the City hereby accepts possession of all public infrastructure improvements, subject to the above indicated warranty. __________ ________________________ ____________________________ __________ ___ Authorized Representative Dated BARTIMCO PROPERTIES, LLC __________ __________________________ ____________________________ Matt E. Ekstrom, PE Dated MT Reg. No. 10853PE Morrison Maierle, Inc. __________ ___________________________ ____________________________ Shawn Kohtz Dated Interim Public Works Director City of Bozeman, Montana All streets, alleys, and right-of-way, shown hereon as "DEDICATED", are not easements. The intent of dedication is to convey all the streets, alleys, and right-of-way to the public, upon acceptance by the governing authority, DEDICATION AND EASEMENT NOTE BASIS OF BEARING THE BEARINGS SHOWN HEREON ARE RECORD FROM C.O.S. 1827A SITUATED IN THE SE ¼ SECTION 22 AND THE NE ¼ SECTION 27, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. PRELIMINARY PLAT OWNER BAR TIM CO. PROPERTIES, LLC. 701 GOLD AVENUE BOZEMAN, MT 59715 ZONING CITY OF BOZEMAN - M-1 NELSON MEADOWS SUBDIVISION PURPOSE TO CREATE (27) INDUSTRIAL LOTS, (2) STORM WATER TRACTS, (1) LIFT STATION TRACT, AND CREATE PUBLIC EASEMENTS FOR INGRESS, EGRESS AND UTILITIES. SCALE: 1" = 2000' VICINITY MAP THIS PROJECT FRONTAGE I-90 NELSON RD. I-90 COPYRIGHT © MORRISON-MAIERLE, INC., 2018 PLOTTED DATE: Sep/04/2018 PLOTTED BY: dean squires DRAWING NAME: N:\2286\008\ACAD\Survey\PPLAT\2286008_PPLAT-PLOT.dwg 1/4 SEC. SECTION TOWNSHIP RANGE PROJ. #: SHEET OF PRINCIPAL MERIDIAN, MONTANA DATE: COUNTY, MONTANA SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: BARTIMCO 1 3 Gallatin 2286.008 1" = 100' 09/04/2018 MEE CJF JCW 5 EAST 1 SOUTH 27 22 NE SE AREA SUMMARY LOTS 61.51 Ac. OPEN SPACE TRACTS 1.40 Ac. LIFT STATION TRACT 0.10 Ac. STORM WATER TRACTS 1.22 Ac. RIGHT-OF-WAY 5.03 Ac. TOTAL: 69.26 Ac. 192 '••».. • ^ BLOCKS IOT25 1.80 AC ^^1 ? T^^-A BLOCK 2 LOT13 .80 AC BLOCK 2 BLOCK 2 t> ;' ^ \ ^ '"<• 0^ \ .^ 1.0T12 ^ 't s. s<~ •fQ \ 0^ ^ BLOCKS \/-\ .71 AC .86 AC y^ . IOT24 n2.05 AC •r'rt ^ ^ ^ ^w. -cr^;4 ^l \ I \ 0. ^ ^•^ ^ "^ i^-.-^r li.l'BLOCKlJi END =^^ t. <- 1, 20'NWE EASEMENT s. 2, YELLOWSTONEPtPEUNE EASEMENT 60'STREAM 5n'8ACK 60' B.O.W. ROAO 6. S1CN 7. FbUHtNG YELLOW LIGHT 8. 25'TRAIL EASEMENT \ v\ <9 BLOCK 1 y^•^ . LOT 20 l-64^c ^.t <r<-\ ?^, 3 /-\ S-TN ^MOT23 1.27 AC -r. ^ ^T ^ ^ ?s ft BLOCK I ,.8 LOT 21 ^-6?.AC. 9. UFT STATIC 10. 30-TRAIL EASEMENT ACERAGE SUMMARY: '^ TOTAL ACRES: 6i.29->_ ^.\ •- Y"^ a- 5EIIA81E ACRES: 59.51 IF RO«D: 3.069 FT 80FLQT5-. 27 AVERAGE LOT: Z.ZOrtC H. s. ^ BLOCK 1 »-^ •"»- ^ tBCtfCK LOT 1'- 22 f OISCUIMER: THIS DRAWIMG IS PREUM1NARY AND CO.NCEPTUA1. IN 's NATURE. AND IS SUBJECT TO CHANGE t *t •V. . t ^ FULL LEGAL DESCRIPTION: '•; * '.-r^ X-s •s. TRACT 1C OF COS 13728 LOCATED IN SECTrON 22. T1S, ft5E, GALLATIN COUNTY, MONTANA K «..' fc. u^ <^la * ^ ?» ^ r>-^ x r\ § ^ -r- f' TRACT 10 OF COS 1372 LOOKED IN SECTION 2Z. TIS. RSE, GALLATI COUNFC, MONTANA "^ » A ^, V, -<-» ^1 § v-s <E- THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER INE1/4. NE1/4) AND THE EAST HftLF OF THE EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER (El/2, Sl/2. Wl/2, N£1/4) OF SECTION TWENH'-SEVEN (2?), TOWNSHIP ONE (I) SOUTH, RANGE 5 (S) EAST. M.P.M. "»: ^ ^ 25 *'» ^ 0» '<. -z :^ ^. .».. t ••^ so EXHIBIT I BECHTLE s ^ ARCHITECTS NELSON MEADOWS BARNARD INVESTMENTS SCALE: 1:100 @ 22x34; 1:200 @ 11x17 JULY 18, 2018 166 LOTS / LOT 29 1^ l.22 AC 2.61 AC •V IV IOT 18 v- l.01 AC I- to-.. A •z '/LOT 19 y7><^- sv "*.; \ \ \ •^. •V LOT 9 1.95 AC •', FN ^.\om ;\ ^-.^ ^ /, BLOd 2.09 AC ', s^ .85 AC \ '.' ^>, ^^-^ /^f^, •", •\ 11^.- BLOCK 2 tOTlO 2.08 AC, ^ ^ 6 •••» .85 AC ^ ^5. r LOT 27 -., •-s ^ 1.78 AC &; •A LOT 14 s>: ^ l.73 AC ,i— •'•., \ <'« •^ / ^.. ALOT 26 '/s 1.08 AC ^ % ^ L:N^ /-y ' / IOT13 .80 AC tOT12 .71 AC ^ •4' LOT 11 < Q 'IOT25?: l.94 AC. '^ -h "--, ^ffi ^>. .86 AC ; ^ / / 1-\ -.! ^> <t>?< t^, « ^/ ^ s» •>.<• -.' LEGEND: it* ^ ^ ••<t^«a =1u- ^ --,' 1. 20' NWE EASEMENT 2. VEttOWSTONE PIPEUNE EASEMENT 3. 60' 57REAM 5ET8ACK 4. 60' St.QM. ROAD 6. SIGN 7. FLASHING YELLOW LIGHT 8. 25-TBAIL EASEMENT 9. LIFT STATION 10. 30' TRAIL EASEMENT N> i>- LOT 21 1.72AC /~\ LOT 24 ^ >\ 1.14 AC ^ ^ ^ r' IOT22 ACERAGE SUMMARY; 1.67 AC sfc ^ •s TOTAL ACRES: 69.29+ SELLABLE ACRES: 59.64 tfnoAO: 3.063pr « OF LOTS; 23 AVERAGE LOT; 2.05 AC ^ s .'r>, LOT23 41 i 8) 2.78 AC ~.v j"'' <' t ^ < 1 .-^ 41 I* \ IBLOCKl^i ''N^^~~~"~^l DISCLAIMER: THIS ORAWfMG iS PRELIMINARY AND CONCEPTUAL IN I NATURE. AND 15 SUBJECT TO CHANGE 1' •3 fUlt LEGAL DESCRIPTION: <r: 6~< TRACT 1C OF COS 13728 LOCATED IN SECTION 22, T1S, BSE. GAILATIN COUNTY, MONTANA p^^:~ n \ I r> I TRACT ID OF COS l37Z LOCATED IN SECTION 22. T13. R5E, GALLATIN COUNH. MONTANA a ^ \ ^ iS&: •» THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (NE1/4, % &' -^ •<; NE1/41 ANP THE EAST HALF OF THE EAST HALF OF THE WE5THAIF OF THE NORTHEAST QUARTER (El/2, El/2, Wl/Z, KEl/4] OF SECTIQN rWENTt'.SEVEN (27), TOWNSHIP ON£ (1) SOUTH, RANGE 5 (5) CAST, M.P.M. E*. ( !S ^ so •*"'.. EXHIBIT s & I BECHTLE s ARCHITECTS PARK PLACE BARNARD INVESTMENTS SCALE: 1:100 @ 22x34; 1:200 @ 11x17 MAY 2,2018 165 II •^ !l ^. ^'.INi; ^ ion •sssns— 'Maw\e_ ^^'_ PtorTED DATE;S*oW301B -BARTIMCO t.w-1 163 lion la iiulrtiln th* lands induded Th« undtralgnBi) htietiy gianls unlo uch an) »vmy p«son flmi uf cntpoiaUon. whilfw public of privala. pfOwiing or offering to pfonda leleptwne. ofBctric piww. ass. inlsmet, cabte Idnision or ot invic*. Iha fight lo DM joinl u>* <X an ftiKiiml Iw lh« cofiitnicdon, I of Ihtfr llniit and olhtf OcaitiM i invic*. Iha fight lo DM joinl u>* <X an ftiKiiml Iw lh« cofiitnicdon, m»in(wianc», npiir *nd mmon) of Ihtlr llnat and otfwr (icaitiM in, nw. uidef «nd ancis rch an* doignalsd on Uid p(>l BI -Ulility BARTfMCO PROPERTIES, LLC By:. 31*<B<K_ Counlyol, >__^ darnf. ri^i— , ZOia. b*fen m*. Ih* undfiigmd riolNy Publl: ( .pwMifKlfappMmd, s^.- .•ndacknowltdgedtamei Public In aid far Ihi SWt of R«ndlng, A« tlraili. allayi, and rigiil-of-Nty, »hwn fmBOn u •DEDICATED'. Tt ntK «at*m*fll). Th* inl*nl of dnlicalion it k> conny al th* ilmli. altayt. •nd OBW-of^ray ki Ih* pubfe, upon »u»pl*nc« CERTIFICATE OF DIRECTOR OF PUBLIC WORKS I. Sh*wn Wh . kttnm Pubte Wwkt DtrwKir. Cily of Bormian. MonUn*. (to hffrtyMrtifr Ihil i •uamfwiyfcig ptol hii bnn duly •uinlnu) and ha* found lh» fin* in canfmi) u Un Iw. *ppnw i •u»p<thedeitctl(onlolheCi(yo(BBieraantofthepuWicuieB<niynd»«lindtif»un (ulnlngdKflatedlBnichu*.; CERTIFICATE OF COMPLETIONOF IMPROVEMENTS 1. _- «nd I. _. , a ReBlitond PiBfwi>ona< . Nwnttd 10 pracUn in Iha Stala of Monltni. hwtby ortity Ihil the fctoniing unpimwiiinu, nquked l mnt lh« nouiwnenu o( Chapltr U of Ihe Baumtn Munidpa) CDd* or *i ConiUliani irfApptsvtl i IhtFimlHalofNdion lh« Fiml Hi M«*diHnSubd;viiionhavt»(nuitl»ltdlncDnhffli*ncBwtlhlh**pprowif ;WotUOk Iniltded Intpnivnnanlt: Non* Financially Guar»ntwdlmpTwttti«nli: . ImfXBVtnunli •aWilBTlinpfOWffianlI 3. Slomi Waler ImprevtmwKi Sldtwalk ImpitWBimnla OpniSpacal CERTIFICATE OF COUMPC TREASURER 1, Kimbtrty Buctiania Tiunimr «1 Gil'iUn County. Montini, ifa twreliy urfly thai Iha acampBTylii n*l smpfitf UMl ind ipedal auwinnrtD aisiiiad •nd bang dMdtd h*v bem odd. TTi«tubdl»Utrh«[abywaFiantE*}a)nsl<»lBc!iinlheMimpnntffl»nltfofapmk)doftwoyNni Iha dale of icCBpUnu by the Cfty o( Boiaman. i pOin3.Bn ot *1 puUk: infrasuuclin ropmwi*"u tt, ih. City o( BoCTinui i .Cit)fhmby*n»pDi 1 of ri puWc infniliuctum iinproninmli. «ut<KI to tN >bow BARTIMCO PROPERTIES, LIC MTR*»Now3a53PE MmiionM.Xfh.lnc. Clt)lC<Bo^·In·n.^4wl.l^a CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRON MENtALOUALITYREViEW 1 Mt*dow« Subdivision. GitaUnCoun It, Montana, it wlhiolh* City afB«icmm.Monun»,« inunh**«ty. and wUi lh« pOmmg alii of (h» Bouirin ywKh policy nhfch wii •ditpCd punuuif la Saclion 76.1^0) t] )«).MCA. *nd c»n t>« piwktad »i»< iftquilB tfom wKw DnKugt and •dtqual* munlcK>*l CcNlle*. •nwln undar tfn pnvhloni of 3acUon 78-<.125(2KD, MC*. Ihii «umy i> •uh)d*d (nxn th« NqiAmitnt for Manlana 0»p*rinwnl al EnvjFBnrmnu) QuiSfy mitw. °f. CERTIFICATE OF CLERK AND RECORDER )Ut Mite. Ciwkiftd RecndciofGaltolin Cowtty, MonUna. do huetiy nnifr thai lh» (ongoing st _ o'docii. _ (i,m.. or p.m.), Wt_ day *nd Recotdt of iho Clerk and Rccixdef. G«««<.n County, Mont»n«, .d>yo(, lCoun^.l Sh*mil WoikiDlnctor [Boi.man.Monluu CERTIFICATE OF SURVEYOR Mantw pro(*t»i'onal Lux) Swyoi Lnns* HB. KCIronCrwi NownbwMIT and IS^StplmbifMIB. lmbif; tnd plllsd th* nfflttt ihtwnon Iha •cmmp*nylng n (Kicritied in »cu)ri*nca with tha pmMani df Iho Monlin* SuWMilon and Priliftg Ihrough j7frX2S. M.CA, *r>d Bit Baimiui UoWed Dtv.to lOfdiDtncB. I further' monu(ntnlt»h(chna«t)xi(bwniKbylhal»kifl(f*lBoflfililni(iuin«nt»(llbeMlbyJu(yl.Z01B, AwlDput)IK;lmp(onm«n(icO('*ttucl>onpunu*ntto2<.ia3.1101(t)(d)A.R.M. ss;Mf^gii ;^"'"'' Mort™i.M»t»te,[n<- ^^ ^^ ?^t T BHSSBlNkil -^i"^ 1^ •t *^ ^ ^ I.* y- '% ll='<»'";Ell -e 'S'ff.i •'•'• 'ei'ffSKs^ ^ VLCINrTYMAP ,Morrison fsss-.-:- iMajede^ i—- ^± iSE- Stl-^IUn | IUWNSHIP I KANlit |_L5QU!tL|—Ufl5L w PIOTTED DATE:S<f>W/201B BAR-nMCO :_N:m9CT»aw:SOISuntv\PPLATt2;S600e PPLAT-PLOT.ihn 162 NE ANNEX TRACT 26 - 702 Bridger Dr Formerly - 28 Bridger View Dr - RFH4490 109 LOT 51 LOT 48 LOT 50 LOT 45 LOT 17 LOT 25 LOT 14 LOT 15 LOT 11 LOT 20 LOT 24 LOT 36 LOT 34 LOT 1 LOT 6 LOT 3 LOT 28 HILLSIDE GREEN HILLSIDE GROVE PHASE 2 PHASE 3 BLOCK 1 BLOCK 2 BLOCK 3 BLOCK 4 PATH TO THE "M" PARKSIDE WALK MILLWORKS ROW FLOURHOUSE WAY (30' ROW) BLUE SILOS WAY (30' ROW) BLUE SILOS COURT MILLWORKS WAY (30' ROW) ADDITIONAL ROW 1976 SF LOT 18 LOT C-1 LOT C-2 LOT C-4 LOT C-5 LOT C-3 LOT C-6 OS 1 OS 5 OS 6 OS 3 OS 4 OS 7 OS 7 OS 8 OS 7 SLID BOUNDARY SLID BOUNDARY PROPOSED LIGHT PROPOSED LIGHT PROPOSED SLID LIGHTING SPEC · · EXHIBIT 1 SLID EXHIBIT PROFESSIONAL ENGINEERS & SURVEYORS BRIDGER VIEW STAHLY ENGINEERING & ASSOCIATES HRDC BOZEMAN MONTANA 108 SUBTOTAL: SUBTOTAL: SUBTOTAL: SUBTOTAL: Page 1 of 1 58 programs. Educational Bozeman Summit School, Inc $ 18,500.00 $ 18,500.00 Operational support for local history/cultural programs that have been effected by the pandemic. Cultural The Extreme History Project $ 15,952.00 $ 15,952.00 Support for program management staff and equipment for increasing service delivery to participants. Behavioral Health Finding Freedom, Inc. $ 47,500.00 $ 15,000.00 Operational support for programs that connect those at‐risk of suicide with resources, and that increase public awareness programs for suicide prevention. Behavioral Health Suffer Out Loud $ 15,000.00 $ 15,000.00 Operational support for effects of pandemic‐related cost increases and decrease in membership revenues at the Museum. Cultural Museum of the Rockies, Inc. $ 15,000.00 $ 15,000.00 Operational support for online Mindfulness in Schools program. Education Montana Mindfulness Project $ 15,000.00 $ 15,000.00 Operational support for effects of pandemic‐related cost increases and decrease in field rental and program revenues at the Sports Parks. Recreation Bozeman Sports Parks Foundation $ 15,000.00 $ 15,000.00 Operational support in the form of PPE and supply purchase, staffing assistance, and staffing relief for missed work due to exposure/childcare. Medical ZoeCare $ 12,184.00 $ 12,184.00 Technology equipment and easily‐santized furnishings for accessable and portable technology to deliver behavioral health services. Behavioral Health PACT Bozeman of Western Montana Mental $ 10,240.00 $ 10,240.00 Contriubtion towards Caravan of Laughter pop‐up events and flash performances. Cultural Clowns without Borders $ 90,090.00 $ 10,000.00 Operational support for online youth & adult language classes connecting isolated youth and adults, and staffing support. Education The World Language Initiative‐MT $ 20,000.00 $ 10,000.00 Operational support to continue and grow community and classroom trainings in acts of compassion and mental health. Behavioral Health Compassion Project ‐ MT $ 10,000.00 $ 10,000.00 Operational support for free‐admission art museum. Cultural Bozeman Art Museum $ 10,000.00 $ 10,000.00 Addition of grant writer services to strengthen grant writing program and diversity funding streams for longterm health. Recreation Crosscut Mountain Sports Center ‐ Grant Writer $ 10,000.00 $ 10,000.00 Staffing support for 2021 programs. Recreation Montana Wilderness School $ 10,000.00 $ 10,000.00 Operational support and funding for production of three comedic plays/events (virtual if necessary). Cultural Verge Theater (legal name Equinox Theatre Company) $ 9,000.00 $ 9,000.00 Operational support for behavioral health day camps. Behavioral Health Heart and Hand Center, INC $ 6,000.00 $ 6,000.00 Support for a new mobile fitness service offered to local veterans. Recreation/Behavio Active Family Services $ 50,000.00 $ 5,000.00 Support for providing safe services to youth including homework help, play and other engaged activities. Education BOYS & GIRLS CLUB OF SOUTHWEST MONTANA $ 25,000.00 $ 5,000.00 34 Recreation Bridger Ski Foundation $ 150,000.00 $ 50,000.00 Operational support for effects of pandemic‐related cost increases and increased number of patients seeking discounted services. Medical Bridgercare $ 50,000.00 $ 50,000.00 Support for Supply Delivery (food/clothing/personal care/furnishings/computers), Direct crisis financial assistance program, and Free clothing store (located in Belgrade.) Basic Needs/Clothing Gallatin County Love INC $ 50,000.00 $ 50,000.00 Building the Highland Glen Nature Preserve Expansion Project and funding trail restoration in the spring and summer 2021. Recreation Gallatin Valley Land Trust $ 50,000.00 $ 50,000.00 Support for personnel costs for United Way community pandemic fundraising efforts and the KidsLink After School Program. Non‐Profit Operations Support Greater Gallatin United Way $ 48,780.00 $ 48,780.00 New "free‐wristband for kids 12 and under" program for 2021 Sweet Pea Festival, enhancements to event security/safety, and operational support for office rent. Cultural Sweet Pea, A Festival of the Arts $ 32,303.18 $ 32,304.00 Operational support for youth weekend‐adventures that are socially distanced/outdoors, PPE, online mentorship platform. Behavioral Health Big Sky Youth Empowerment $ 30,392.00 $ 30,392.00 Contribution to COVID‐19 Crisis Fund to help Bozeman's underserved and marginalized residents with financial support. Basic Needs The Montana Racial Equity Project $ 30,000.00 $ 30,000.00 Support for personnel and operating costs of administering the Southwest Montana COVID‐19 Response Fund and the Nonprofit Café. Non‐Profit Operations Support One Valley Community Foundation $ 30,000.00 $ 30,000.00 Support for urgent mental health services, including non‐reimbursable medical and mental health services. Behavioral Health Western Montana Mental Health Center ‐ Gallatin County $ 25,500.00 $ 25,500.00 Provide domestic voilence survivor crisis support services: shelter/housing support, emergency needs, counseling and increased staff for altered or expanded serives. Housing Haven $ 25,000.00 $ 25,000.00 Support for Program Manager position to more than double the number of friend "matches" from 60 to 160 particiants, operating and fundraising cost support. Behavioral Health Befrienders (Bozeman) $ 20,000.00 $ 20,000.00 Operational support for program adjustments in the pandemic and program expansion of "Youth Mental Health First Aid". Behavioral Health Big Brothers Big Sisters of Big Sky Country $ 20,000.00 $ 20,000.00 Operational support for programs providing services to people affected by cancer. Behavioral Health Cancer Support Community Montana $ 20,000.00 $ 20,000.00 33 Telework supplies $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 50 Training hazard training $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 51 Training civil disturbance response training $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 52 Training social distancing training $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 53 Training contact tracing training $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 54 Other FEMA-eligible Costs Facility Security/screening contracting for additional security, medical, etc. $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 55 Other FEMA-eligible Costs Temporary Facilities screening or alternate care sites $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 56 Other FEMA-eligible Costs Temporary Facilities medical care and Transport (uninsured costs) $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 57 Other FEMA-eligible Costs Temporary Facilities mass mortuary/storage $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 58 Other Other Costs Directly Related to Covid-19 $ 289,543 $ 289,543 F Justification may include: itemized invoices, receipts, and vouchers with valid dates 59 Other Other Costs Directly Related to Covid-19 $ 1,490 $ 1,490 G- Justification may include: itemized invoices, receipts, and vouchers with valid dates 60 Other Other Costs Directly Related to Covid-19 $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 61 Other Other Costs Directly Related to Covid-19 $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 62 Other Other Costs Directly Related to Covid-19 $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 63 Other Other Costs Directly Related to Covid-19 $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 16 Provide payroll reports/timesheets listing employee, job title, hours worked, and salary information 10 Public health and safety - Overtime (including related FICA, WC, UI, and retirement costs) overtime, (including related FICA, WC, UI, retirement costs) from November 1 - December 30, 2020 $ - Provide payroll reports/timesheets listing employee, job title, hours worked, and salary information 11 (FEMA-eligible) Cleaning and Disinfecting supplies- medical supplies and commodities $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 12 (FEMA-eligible) Cleaning and Disinfecting additional staff or contractors to conduct increased sanitation and cleaning of equipment, facilities, vehicles $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 13 Cleaning and Disinfecting decontamination equipment, cleaning and disinfecting $ 18,578 $ 18,578 E Justification may include: itemized invoices, receipts, and vouchers with valid dates 14 (FEMA-eligible) Distributing Public Information EOC dissemination of information to the public $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 15 Distributing Information signs for closures, social distancing requirements $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 16 Distributing Information publication costs for posting notices related to closures, social distancing requirements $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 17 Distributing Information marketing efforts $ 23,936 $ 23,936 D Justification may include: itemized invoices, receipts, and vouchers with valid dates 18 Distributing Information call center operations $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 19 Elections General election - return ballot postage $ - Justification may include: ballot statistics report, post office receipts, statements, meter reports, and copies of stamped envelopes 20 Increased Administrative Costs increased workers' compensation rates $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 21 Increased Administrative Costs increased health insurance rates $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 22 Increased Administrative Costs increased liability claims and insurance rates $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 23 Increased Administrative Costs covering credit card fees $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 24 Increased Administrative Costs conducting health assessments $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 25 Increased Administrative Costs modifications for physical distancing of staff $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 26 (FEMA-eligible) Personal Protective Equipment (PPE) additional for EMS and law enforcement/ First responders doing EPMs $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 27 Personal Protective Equipment (PPE) non-EMS and LE employees $ 7,445 $ 7,445 A Justification may include: itemized invoices, receipts, and vouchers with valid dates 28 Personal Protective Equipment (PPE) residents $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 29 Public Health increased testing - equipment, contracted staffing, facilities $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 30 Public Health contact tracing - equipment, contracted staffing $ - Justification may include: itemized invoices, receipts, and vouchers with valid dates 31 Public Health COVID testing of wastewater system $ 33,156 $ 33,156 C Justification may include: itemized invoices, receipts, and vouchers with valid dates NON-PAYROLL expenses (MEDICAL/PUBLIC HEALTH/COMPLIANCE - including contracted staffing related to COVID-19) 15 ENTITY NAME: Medical Expenses Such As: COVID-19-related expenses of public hospitals, clinics, and similar facilities. Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs. Costs of providing COVID-19 testing, including serological testing. Emergency medical response expenses, including emergency medical transportation, related to COVID- 19. Expenses for establishing and operating public telemedicine capabilities for COVID-19- related treatment. Public Health Expenses Such As: Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel, police officers, social workers child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings and other public health or safety workers in connection with the COVID-19 public health emergency. Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency. Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19 related threats to public health and safety. Expenses for public safety measures undertaken in response to COVID-19. Expenses for quarantining individuals. Compliance Expenses Such As: Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions. Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. COVID-19 related expenses of maintaining state prisons and county jails, including as relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions. Reasonable expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. Payroll Expenses Such As: all regular, overtime, and benefits for first responder, public safety, and public health personnel from March 12 - October 31, 2020; other employees - all regular, overtime, and benefits for employees substantially dedicated to mitigating or responding to the COVID-19 public health emergency; substantially dedicated means the employee dedicated at least 2/3 of regular time per pay period to mitigating or responding to COVID-19, since March 1, 2020 to October 31, 2020; additional and other staff from March 1 to December 30, 2020 Public health and safety - Overtime (including related FICA, WC, UI, and retirement costs) from November 1 to December 30 Examples of Ineligible Expenditures: Expenses for the State share of Medicaid Damages covered by insurance Payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency Expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds (other than FEMA) Reimbursement to donors for donated items or services Workforce bonuses and hazard pay. Legal settlements Interoperability Paid leave, including vacation, family-related, sick, military, bereavement, sabbatical, administrative, severance, jury duty or other types of leave Federal Emergency Management Agency (FEMA) expenses such as: Emergency operations center activities (EOC) Training Facility disinfection Technical assistance on emergency management Dissemination of information to the public to provide warnings and guidance Pre-positioning or movement of supplies, equipment, or other resources Purchase and distribution of food, water, or ice Purchase and distribution of other commodities Security, law enforcement, barricading and patrolling Storage of human remains or mass mortuary services 14