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HomeMy WebLinkAbout03-02-21 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 Authorize the Mayor to Sign a Findings of Fact and Order for the Northwest Crossing Phase 1 Major Subdivision, Application 20113(Garber) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, March 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=e2cc564999319f633714845f7bfd05f53 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: 182 736 4755 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, March 2, 2021 1 F.3 Authorize the City Manager to Sign a Professional Services Agreement with Dowl for the Design of Changes to the Bike Lanes on Peach Street at Rouse Avenue(Lonsdale) F.4 Authorize the City Manager to Sign a Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable Housing Development and Preservation(Andreasen) F.5 Authorize the City Manager to Sign an Amendment One to the Professional Services Agreement with HDR Engineering, Inc. for Final Design, Equipment Procurement, Bidding, and Construction Administration Services for the Bozeman Water Reclamation Facility Solids Handling Building Project(Heaston) F.6 Resolution 5258, Requesting Distribution of Bridge and Road Safety and Accountability Program Fees(Donald) F.7 Resolution 5264, Authorizing Prime Change Order #8 with Langlas and Association for Construction of the Bozeman Public Safety Center(Winn) F.8 Resolution 5265, Authorizing Prime Change Order #9 with Langlas and Associates for Construction of the Bozeman Public Safety Center(Winn) F.9 Ordinance 2062, Final Adoption to Revise Language for Clarity and Consistent Application of First Floor Required Height Standards in Five Mixed-Use and Non-Residential Zoning Districts, and Revise Paragraph A.1 of Subchapter 4b of the Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District. No changes to Maximum Height Dimensional Standards are Included with this Amendment. Revise Affected Sections to Implement the City Commission Directed Revisions(Miller) 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.Action Items H.1 Public Hearing on Protests for Special Improvement District (SID) No. 762 and Adoption of Resolution 5250, Creating SID No. 762 for the Purpose of Undertaking Certain Local Improvements to South 6th Avenue Between Babcock Street and Cleveland Street and Financing the Costs Thereof(Gamradt) H.2 Resolution 5259, Confirming the Issuance of Warrants in Connection with Special Improvement District No. 762 for Local Improvements to S. 6th(Donald) I.Work Session I.1 Kagy Boulevard Expansion Informational Session(Reister) Bozeman City Commission Meeting Agenda, March 2, 2021 2 J.Appointments J.1 Appointments to the Bozeman Tree Advisory Board (BTAB)(Maas) J.2 Appointments to the Bozeman Area Bicycle Advisory Board (BABAB)(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, March 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:March 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: February 18, 2021 4 Memorandum REPORT TO:City Commission FROM:Danielle Garber, Associate Planner Martin Matsen, Director of Community Development SUBJECT:Authorize the Mayor to Sign a Findings of Fact and Order for the Northwest Crossing Phase 1 Major Subdivision, Application 20113 MEETING DATE:March 2, 2021 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Authorize the Mayor to sign a Findings of Fact and Order for the Northwest Crossing Phase 1 Major Subdivision, Application 20113. 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:On February 2, 2021 the City Commission held a public hearing on an application for a preliminary approval for the Northwest Crossing Phase 1 Preliminary Plat. The Commission voted unanimously to approve the application subject to conditions and code provisions to ensure the final plan would comply with all applicable regulations and all required criteria. These findings of fact provide a record of review and Commission action. UNRESOLVED ISSUES:None. ALTERNATIVES:1) Approval of the Findings of Fact and Order as drafted. 2) Approval of the Findings of Fact and Order with modifications. 3) As determined by the City Commission. 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. 5 Attachments: 20113 Findings of Fact 2-18-21.pdf Preliminary Plat Page 1 Preliminary Plat Page 2 Preliminary Plat Page 3 Preliminary Plat Page 4 Preliminary Plat Page 5 Report compiled on: February 18, 2021 6 Page 1 of 39 20113, City Commission Findings of Fact and Order 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 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 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: February 18, 2021 Staff Contact: Danielle Garber, Associate Planner Griffin Nielsen, Project Engineer Addi Jadin, Parks Planning and Development Manager Agenda Item Type: Action (Quasi-judicial) 7 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 2 of 39 EXECUTIVE SUMMARY Unresolved Issues There are no known unresolved issues. 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 proposed 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 proposed 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 8 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 3 of 39 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. 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 written public comment has been received. The public hearing date for the City Commission was February 2, 2021. The hearing was held virtually via Webex. The City Commission met to consider the application for a preliminary plat subdivision of 146.21 acres into fifteen developable lots zoned B-2M and REMU, fifteen restricted development lots, city park, easements, and associated right of way. Addi Jadin, Parks Planning and Development Manager, presented the Master Park Plan under this application and the Master Site Plan #19440, previously approved by the Director of Community Development. Danielle Garber, Associate Planner, presented the preliminary plat staff report and application. Following the presentation, questions to staff from the Commissioners were related to including the watercourse and wetlands within the park boundaries, the floodplain delineation, groundwater mitigation, potential historic resources, park dedication and cash-in-lieu requirements, and suggestions for including off-leash areas for dogs within the proposed park. The Applicant had two representatives at the meeting, Matt Ekstrom with Morrison-Maierle and Kelley Savage with Norris Design. The representative, Matt Ekstrom, thanked staff for the complete and accurate staff report for the Subdivision, and stated that the applicant is in agreement with the staff report and the conditions of approval and code provisions as written. The applicant expanded on some previous questions related to drain tiles and water management. Three members of the public spoke at the public hearing. General public comment was focused on the alteration of natural systems by the historic agricultural uses and future development, specifically the watercourse, wetlands, climate impacts, and wildlife. Staff provided some clarifying points related to survey of the wetland and drain tiles. The Commission moved to approve the Park Master Plan. This motion is located on page 1 of the City Commission Memorandum provided by the Parks Department and included in the February 2, 2021 hearing packet. Commissioners voted unanimously 4-0 to approve the adoption of the Park Master Plan. Discussion included preservation of the watercourse and wetlands, and the potential inclusion of off-leash facilities for dogs. 9 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 4 of 39 The Commission moved to approve the subdivision with conditions and subject to all applicable code provisions. The motion is located on page 1 of this report. Commissioners voted unanimously 4-0 to approve the preliminary plat application. Discussion included the subdivision review criteria including impacts to agriculture and agricultural water user facilities, the improvement and extension of infrastructure to serve the development, the park master plan, off- leash dog park possibilities, and the effect on the environment. Commissioners noted the inclusion of a commercial node on the west side of town to serve existing and future residents, as well as High School students. Further discussion was related to providing additional housing within city limits. Links to video of the Planning Board meeting and City Commission hearing are provided below in Section 5. 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. 10 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 5 of 39 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 4 SECTION 1 - MAP SERIES .......................................................................................................... 6 SECTION 2 – REQUESTED VARIANCES ............................................................................... 13 SECTION 3 - CONDITIONS OF APPROVAL ........................................................................... 13 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 17 SECTION 5 - RECOMMENDATIONS AND ACTIONS ........................................................... 21 SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 23 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. .................... 23 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 25 Preliminary Plat Supplements ........................................................................................... 29 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 33 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 36 APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 38 APPENDIX C – PROJECT BACKGROUND ............................................................................. 38 APPENDIX D - OWNER INFORMATION ................................................................................ 39 ATTACHMENTS ......................................................................................................................... 39 11 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 6 of 39 SECTION 1 - MAP SERIES Figure 1. Zoning classification 12 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 7 of 39 Figure 2. Growth policy designation 13 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 8 of 39 Figure 3. Current land use 14 Page 9 of 39 Figure 4. Preliminary Plat 15 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 10 of 39 Figure 5. Preliminary Plat West – Restricted Lots 16 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 11 of 39 Figure 6. Preliminary Plat East – Restricted and Phase 1 Lots 17 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 12 of 39 Figure 7. Preliminary Plat Southeast – Phase 1 Lots Only 18 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 13 of 39 SECTION 2 – REQUESTED VARIANCES There are no variances requested with this subdivision application. SECTION 3 - 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. 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. 19 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 14 of 39 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. 20 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 15 of 39 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. 21 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 16 of 39 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. 22 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 17 of 39 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. 23 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 18 of 39 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: 24 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 19 of 39 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. 25 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 20 of 39 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 26 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 21 of 39 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 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 27 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 22 of 39 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 the 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. The Planning Board proceedings may be viewed here under the date January 25, 2021: https://www.bozeman.net/government/city-commission/city-commission-video The public hearing date for the City Commission was February 2, 2021. The hearing was held via Webex. Addi Jadin, Parks Planning and Development Manager, presented the Master Park Plan under this application and the Master Site Plan application #19440, previously approved by the Director of Community Development. Danielle Garber, Associate Planner, presented the preliminary plat staff report and application. Following the presentation, questions to staff from the Commissioners were related to including the watercourse and wetlands within the park boundaries, the floodplain delineation, groundwater mitigation, potential historic resources, park dedication and cash-in-lieu requirements, and suggestions for including off-leash areas for dogs within the proposed park. The Applicant had two representatives at the meeting, Matt Ekstrom with Morrison-Maierle and Kelley Savage with Norris Design. The representative, Matt Ekstrom, thanked staff for the complete and accurate staff report for the Subdivision, and stated that the applicant is in agreement with the staff report and the conditions of approval and code provisions as written. The applicant expanded on some previous questions related to drain tiles and water management. Three members of the public spoke at the public hearing. General public comment was focused on the alteration of natural systems by the historic agricultural uses and future development, specifically the watercourse, wetlands, climate impacts, and wildlife. Staff provided some clarifying points related to survey of the wetland and drain tiles. 28 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 23 of 39 The Commission moved to approve the Park Master Plan. This motion is located on page 1 of the City Commission Memorandum provided by the Parks Department and included in the February 2, 2021 hearing packet. Commissioners voted unanimously 4-0 to approve the adoption of the Park Master Plan. Discussion included preservation of the watercourse and wetlands, and the potential inclusion of off-leash facilities for dogs. The Commission moved to approve the subdivision with conditions and subject to all applicable code provisions. The motion is located on page 1 of this report. Commissioners voted unanimously 4-0 to approve the preliminary plat application. Discussion included the subdivision review criteria including impacts to agriculture and agricultural water user facilities, the improvement and extension of infrastructure to serve the development, the park master plan, off- leash dog park possibilities, and the effect on the environment. Commissioners noted the inclusion of a commercial node on the west side of town to serve existing and future residents, as well as High School students. Further discussion was related to providing additional housing within city limits. The City Commission’s review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web page filed under the date February 2, 2021: https://www.bozeman.net/government/city-commission/city-commission-video 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. 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 29 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 24 of 39 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 the 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 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 30 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 25 of 39 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 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 31 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 26 of 39 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, 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 32 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 27 of 39 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. 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. 33 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 28 of 39 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 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 34 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 29 of 39 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 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 35 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 30 of 39 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. 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. 36 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 31 of 39 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 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. 37 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 32 of 39 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 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 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 33 of 39 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. SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. 39 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 34 of 39 B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application was considered by the City Commission at a public hearing on February 2, 2021 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the conditions of approval, clarified unresolved issues and summarized the public comment submitted to the City prior to the public hearing. D. The applicant, NWX LLC, acknowledged understanding and agreement with the recommended conditions of approval and code provisions. E. The City Commission requested public comment at the public hearing on February 2, 2021 and three members of the public offered testimony on the subdivision. F. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 3 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. H. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this single phased major subdivision shall be effective for two (2) years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. 40 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 35 of 39 DATED this ________ day of _____________________, 2021 BOZEMAN CITY COMMISSION _________________________________ CYNDY ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 41 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 36 of 39 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 42 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 37 of 39 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. 43 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 38 of 39 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 44 20113, Findings of Fact Northwest Crossing Phase 1 Major Subdivision Page 39 of 39 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. 19th 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 Public Comment: None to date 45 ©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 COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 51NWX, LLC Gallatin 5659.005 NO SCALE 01/2021 MEE CJF MMI 5E 2S 04NE 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 _________________________________________ 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-9 0 WEST OAK ST. LA U R E L P A R K W A Y CO T T O N W O O D R D . 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 46 ES ES ES ES DYH DYH DYH DYH DYH DYHDYH DYH I S GV I SSSSSSS 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 TP TP TP TP TP TP TP TP TP TP T WV WV WV WV WV WVWVWVWVWV WVWVWV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WV WVWV WV WV WV WV WV WV WV EW EW EW EW EW EW EW EW ES ES ES ES ES ES ES ESESESD ESD ESD ESD ESD ESD E S D E S D E S D ESD ES ES ES ES ES ES ES ES ES ES ES ES EWEWEWEW E W EWEW E W E E P WV WW D D I II I II I CO CO CO CO COCO CO CO ES ESSTP MWMW MW MW MW MW MW MW MW PLI Z O N I N G BOZE M A N COM M U N I T Y P L A N FUTU R E L A N D U S E : PRES E N T R U R A L BOZ E M A N COM M U N I T Y P L A N FUTU R E L A N D U S E : RESI E N T I A L RO Z O N I N G BOZE M A N COM M U N I T Y P L A N FUTU R E L A N D U S E : RESI E N T I A L FLAN D E R S C R E E K SUBD I V I S I O N TRAD I T I O N S SUBD I V I S I O N P H A S E 3 BOZE M A N COM M U N I T Y P L A N FUTU R E L A N D U S E : RESI E N T I A L R4 ZO N I N G BOZE M A N COM M U N I T Y P L A N FUTU R E L A N D U S E : RESI E N T I A L R3 ZO N I N G LAU R E L G L E N SUBD I V I S I O N P H A S E 2 CREE K S T O N E C O N D O BOZE M A N COM M U N I T Y P L A N FUTU R E L A N D U S E : RESI E N T I A L R2 ZO N I N G MINO R SUB D I V I S I O N 201A BOZE M A N COM M U N I T Y P L A N FUT U R E L A N D U S E : RESI E N T I A L R4 ZO N I N G MINO R SUB D I V I S I O N 201ALAU R E L G L E N SUBD I V I S I O N P H A S E 2 BOZE M A N COM M U N I T Y P L A N FUTU R E L A N D U S E : PRES E N T R U R A L PLI Z O N I N G BOZE M A N COM M U N I T Y P L A N FUTU R E L A N D U S E : RESI E N T I A L TRA C T 4 COS 2 5 5 2 TRAC T 4 COS 2 5 5 2 CITY O F BOZE M A N HIGH S C H O O L FERN & V E S T A AND E R S O N 4735 4730 47 2 5 4720 4715 4735 47 3 0 4725 47 2 0 4 7 1 5 471 5 472 0 4730 473 5 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 ° 5 9 ' 3 6 " E 1 1 4 4 . 4 1 ' 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 8 S 8 S 8 S 8S 8S 8S 8S 12S 12S 12S 12S 12S 8 S 8S 8S 8S 8S 8S 12 S 12 S 12 S 12 S 12 S 12 S 8S 8S 12S 12S 12S 21 S 21 S 21 S 24 S 24 S 8W 8W 8W 8W 8W 8W W W 8W 8W 8W 8 W 8 W 8 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 ©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 COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 52NWX, LLC GALLATIN 5659.005 1:150 01/2021 MEE CJF MMI 5E 2S 04NE 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 NORTHWEST CROSSING SUBDIVISION SEE SHEET 3 FOR PARCEL BEARING / DISTANCE INFORMATION. SEE SHEET 4 FOR PARCEL BEARING / DISTANCE INFORMATION. HARVEST PARKWAY (71') CO T T O N W O O D R O A D ( 1 2 0 ' ) WEST OAK STREET (125') BAXTER LANE 100') LA U R E L P A R K W A Y ( 9 0 ' ) TW I N L A K E S A V E N U E ( 6 6 ' ) RO S A W A Y ( 6 0 ' ) 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 DYH 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 WATER MAIN W/ SIZE8 W SEWER MAIN W/ SIZE8 SS STORM DRAIN W/ SIZE8 SD OVERHEAD POWER LINE BURIED TELEPHONE LINE BURIED GAS LINE BURIED ELECTRIC LINE (CONTOUR INTERVAL = 0.5') EXISTING CONTOUR - MAJOR EXISTING CONTOUR - MINOR WATER MAIN W/ SIZE (GRAPHICAL)8 W WATER SERVICEWSWSWSWS WATER SERVICE (GRAPHICAL)WS WS WS WS SEWER MAIN W/ SIZE (GRAPHICAL)8 SS SEWER SERVICEssssssss SEWER SERVICE (GRAPHICAL)ss ss ss ss 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 WELLS P R I N G D R I V E DA Y S P R I N G A V E N U E PH-2 PH-1 47 DYH I SSSS S S MW MW MW MW S S S S S TP TP TP TP TP TP T WV WV WV WV WVWVWV 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 472 5 4720 4715 RESTRICTED LOT 7 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. S2 1 ° 2 1 ' 1 2 " W 83 . 8 4 ' S3 ° 1 1 ' 1 3 " W 93 . 7 7 ' S58°1 5 ' 0 8 " W 148.2 4 ' C1 5 L 3 S48 ° 1 8 ' 4 7 " W 130 . 8 0 ' L2 L1 N0 ° 2 5 ' 5 2 " E 51 7 . 8 3 ' C14 278.49' S42 ° 2 6 ' 0 2 " W 90.2 2 ' C1 3 S6 ° 0 8 ' 1 2 " E 15 7 . 7 3 ' S79°02'27"W 155.49' L18 L 1 7 L1 6 L1 5 L14 L1 3 L12 N4 ° 0 8 ' 5 9 " E 98 . 3 3 ' L11 L10 N67°07 ' 2 2 " E 109.13 ' S 4 7 ° 3 3 ' 5 8 " E 1 0 1 . 0 6 ' S0 ° 1 6 ' 4 0 " E 68 . 1 9 ' S1 ° 4 3 ' 5 3 " W 22 1 . 3 4 ' N88°26'15"W 99.78' C1 2 L39 L 4 0 N1 3 ° 5 3 ' 5 3 " W 10 6 . 3 6 ' L9 L 8 L7 L6 L5 L4 260.00'374.51' S0 ° 3 2 ' 1 5 " E 28 1 . 2 7 ' S89°27'45"W 181.08' S31 ° 0 6 ' 0 3 " W 68. 8 5 ' L41 L4 3 L44 L4 2 L4 5 L4 6 L4 7 S9 ° 0 1 ' 5 0 " E 87 . 2 8 ' C11 S79°02'27"W 108.02' N1 3 ° 5 8 ' 3 8 " W 7 9 . 0 8 ' N6 ° 0 7 ' 5 6 " W 16 2 . 2 1 ' L3 8 S88°05'25"W 120.00' S79°02'27"W 270.95' S89°27'45"W 205.90' C10 S0 ° 3 2 ' 1 5 " E 40 8 . 7 3 ' N1 1 ° 2 3 ' 0 9 " W 15 4 . 6 1 ' L =1 5 1 .4 7 , R =8 0 0 .0 0 Δ =1 0 °5 0 '5 4 " N0 ° 4 1 ' 3 0 " W 19 6 . 2 6 ' N0 ° 3 2 ' 1 5 " W 24 0 . 0 0 ' N 1 3 ° 5 8 ' 3 8 " W 79 . 0 8 ' S1 1 ° 2 3 ' 0 9 " E 35 . 5 0 ' S78°41'34"W 227.20' N4°52'57"E 11.55' N1 1 ° 2 0 ' 1 0 " W 3 4 1 . 7 2 ' L 3 5 L3 6 L 3 7 N 1 3 ° 1 9 ' 1 5 " W 36 . 3 8 ' N 2 8 ° 2 6 ' 2 5 " W 1 2 6 . 7 1 ' N1 1 ° 2 3 ' 0 6 " W 30 9 . 6 3 ' C 9 N 2 8 ° 0 2 ' 5 0 " W 2 8 6 . 6 6 ' C8 N6 ° 0 7 ' 3 2 " W 10 1 . 8 7 ' S78°41'34"W 259.71' S78°41'34"W 440.85' N5 ° 3 8 ' 1 9 " W 18 9 . 0 0 ' C7 L 2 5 L2 4 L 2 3 L 2 2 L2 1 L2 0 L19 198.41' S78°41'34"W 117.78' C6S89°30'02"W 167.97' N0 ° 2 5 ' 5 2 " E 11 0 4 . 6 6 ' S3 ° 4 5 ' 4 8 " E 55 8 . 7 6 ' S3 ° 4 5 ' 4 8 " E 19 0 . 8 2 ' C5 S0 ° 2 9 ' 5 8 " E 94 . 0 5 ' S89°30'02"W 346.49'C 4 N0 ° 2 5 ' 5 2 " E 82 4 . 0 3 ' L34 L33 L3 2 L 3 1 L 3 0 L29 L28 S17°47'19"E 49.05' C3 S0 ° 1 9 ' 2 2 " E 13 1 . 6 9 ' S89°27'38"W 165.41' C2 S78°41'34"W 260.91' C1S86°19'35"W 105.29' S0 ° 1 9 ' 2 2 " E 17 5 . 7 4 ' N89°30'02"E 92.85' L 2 6 L27 S0 ° 3 0 ' 0 4 " E 19 3 . 8 6 ' S89°30'02"W 700.76' S1 1 ° 2 3 ' 0 9 " E 41 9 . 5 7 ' L =1 9 7 .6 6 , R = 9 7 0 .0 0 Δ =1 1 °4 0 ' 3 2 " S0 ° 3 0 ' 3 5 " E 44 1 . 0 3 ' S89°30'04"W 263.62' C3 9 N 1 1 ° 2 3 ' 0 9 " W 36 9 . 9 7 ' C3 8 12 S 12 S 12 S 12 S 12 S 12 S 12 S 12 S 12 S 12 S 12 S 12S8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8 W 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 COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 53NWX, LLC GALLATIN 5659.005 1:100 01/2021 MEE CJF MMI 5E 2S 04NE 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 NORTHWEST CROSSING SUBDIVISION WEST OAK STREET (125') BAXTER LANE 100') LA U R E L P A R K W A Y ( 9 0 ' ) 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 WATER MAIN W/ SIZE8 W SEWER MAIN W/ SIZE8 SS STORM DRAIN W/ SIZE8 SD 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 DYH WV LIGHT POLE GUY ANCHOR POWER POLE TELEPHONE PEDESTAL/BOX WATER CURB STOP (CONTOUR INTERVAL = 0.5') EXISTING CONTOUR - MAJOR EXISTING CONTOUR - MINOR WATER MAIN W/ SIZE (GRAPHICAL)8 W CONTROL POINTS WATER SERVICEWSWSWSWS WATER SERVICE (GRAPHICAL)WS WS WS WS SEWER MAIN W/ SIZE (GRAPHICAL)8 SS SEWER SERVICEssssssss SEWER SERVICE (GRAPHICAL)ss ss ss ss 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 48 ES ES ES ES ES ES DYH DYH I S GV I SSSS 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 WVWVWVWVWV WV WV WV WV WV WV WV WV WV WV WV WV WVWV WV WVEWEWEWEWEWEWEW ES ES ES ES ES ES ES ES ESD ESD ESD ESD ESD ESD ESD E S D E S D E S D ES D E S D 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 EWV CO CO CO CO COCO CO CO STP MWMW 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 ° 5 9 ' 3 6 " E 1 1 4 4 . 4 1 ' 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 ° 3 2 ' 1 5 " E 28 1 . 2 7 ' S89°27'45"W 181.08' S31 ° 0 6 ' 0 3 " W 68. 8 5 ' L41 L4 3 L44 L4 2 L4 5 L4 6 L4 7 S9 ° 0 1 ' 5 0 " E 87 . 2 8 ' C11 S79°02'27"W 108.02'S89°27'45"W 205.90' C10 S0 ° 3 2 ' 1 5 " E 40 8 . 7 3 ' S89°27'45"W 558.53' 558.54' S0 ° 3 2 ' 1 4 " E 69 0 . 0 0 ' S89°27'45"W 823.76' 561.90' S1 ° 1 6 ' 4 4 " E 83 . 1 0 ' 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'L4 9 C3 6 N0 ° 3 2 ' 1 5 " W 53 1 . 4 3 ' L =4 9 5 .6 3 , R =7 4 5 5 .1 7 Δ =3 °4 8 '3 3 " S1 ° 0 0 ' 2 8 " W 11 8 . 0 1 ' S89°27'46"W 486.92' S78°41'34"W 547.89' N1 1 ° 2 3 ' 0 9 " W 15 4 . 6 1 ' L =1 5 1 .4 7 , R =8 0 0 .0 0 Δ =1 0 °5 0 '5 4 " N0 ° 4 1 ' 3 0 " W 19 6 . 2 6 ' N0 ° 3 2 ' 1 5 " W 24 0 . 0 0 ' S1 1 ° 2 3 ' 0 9 " E 35 . 5 0 ' S78°41'34"W 227.20' N4°52'57"E 11.55' N1 1 ° 2 0 ' 1 0 " W 34 1 . 7 2 ' L 3 5 L3 6 L 3 7 N1 3 ° 1 9 ' 1 5 " W 36 . 3 8 ' N 2 8 ° 2 6 ' 2 5 " W 1 2 6 . 7 1 ' S78°41'34"W 259.71' L34 L33 L3 2 L3 1 L 3 0 L29 L28 S17°47'19"E 49.05' C3 S0 ° 1 9 ' 2 2 " E 13 1 . 6 9 ' S89°27'38"W 165.41' S0 ° 1 9 ' 2 2 " E 17 5 . 7 4 ' N89°30'02"E 92.85' L 2 6 L27 S0 ° 3 0 ' 0 4 " E 19 3 . 8 6 ' S1 1 ° 2 3 ' 0 9 " E 41 9 . 5 7 ' L =1 9 7 .6 6 , R =9 7 0 .0 0 Δ =1 1 °4 0 '3 2 " S0 ° 3 0 ' 3 5 " E 44 1 . 0 3 ' S89°30'04"W 263.62' N78°41'34"E 447.36' S88°31'14"W 513.51' C3 9 N1 1 ° 2 3 ' 0 9 " W 36 9 . 9 7 ' S1 6 ° 2 8 ' 1 3 " E 4 6 7 . 4 8 ' C 3 5 S89°29'56"W 505.77' N0 ° 3 0 ' 3 5 " W 44 0 . 6 3 ' C3 8 C3 4 S0 ° 0 2 ' 5 6 " W 51 5 . 8 8 ' S89°29'56"W 236.63' N89°27'46"E 264.86' 20 2 . 5 3 ' N90°00'00"W 256.26' 23 9 . 1 3 ' 15 4 . 5 2 ' 91 . 1 1 ' L57 86 . 1 4 ' 86 . 4 7 ' S67°07 ' 2 5 " W 171.53 ' 71 . 0 2 ' N0 ° 0 0 ' 0 0 " E 18 2 . 8 4 ' N0 ° 0 0 ' 0 0 " E 17 9 . 9 6 ' 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 110.22'14 8 . 0 6 ' N90°00'00"W 160.07' C4 4C45 L60 65 . 4 1 ' S1 6 ° 2 8 ' 1 3 " E 16 7 . 9 0 ' L61 C47 S89°27'46"W 172.27' N 1 1 ° 3 9 ' 0 6 " W 14 2 . 0 0 ' L64 L63S90°00'00"E 132.51'L62 S89°27'46"W 222.93' N0 ° 3 2 ' 1 5 " W 13 3 . 9 1 ' C4 8 S90°00'00"E 227.02' C54 N71°21' 0 8 " E 155.10' C53 S 1 4 ° 2 6 ' 5 8 " E 36 7 . 7 5 ' C4 9 C 5 0 N18°58'22"W 77.06' C5 7 S 1 6 ° 2 8 ' 1 3 " E 29 3 . 6 1 ' C51 N0 ° 5 9 ' 0 8 " E 15 0 . 4 2 ' S89°57'07"E 177.21' S89°57'07"E 236.46' S0 ° 0 2 ' 5 6 " W 33 0 . 1 4 ' C5 6 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 ° 0 0 ' 0 0 " E 13 4 . 3 8 ' N1 5 ° 2 6 ' 3 6 " W 16 4 . 9 9 ' S S 8 S 8 S 8S 8 S 8 S 8 S 8S 8S 8S 8S 8S 12S 12S 12S 12S 12S 12S 12S 12S 8 S 8 S 8S 8S 8S 8S 8 S 8S 8S 8S 8S 8S 12 S 12 S 1 2 S 12 S 12 S 12 S 12 S 12 S 12 S 12 S 12 S 8S 8S 8S 12S 12S 12S 12S 12S 21 S 21 S 21 S 21 S 21 S 24 S 24 S 24 S 24 S 21 S 8W 8W 8W 8W 8W 8W 8W 8W W W W W 8W 8W 8W 8W 8W 8W 8W 8W 8 W 8 W 8 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 8 W 8W 8 W 8W 8 W 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 COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 54NWX, LLC GALLATIN 5659.005 1:100 01/2021 MEE CJF MMI 5E 2S 04NE 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 NORTHWEST CROSSING SUBDIVISION HARVEST PARKWAY (71') CO T T O N W O O D R O A D ( 1 2 0 ' ) WEST OAK STREET (125') BAXTER LANE 100') TW I N L A K E S A V E N U E ( 6 6 ' ) RO S A W A Y ( 6 0 ' ) 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 WATER MAIN W/ SIZE8 W SEWER MAIN W/ SIZE8 SS STORM DRAIN W/ SIZE8 SD 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 DYH WV LIGHT POLE GUY ANCHOR POWER POLE TELEPHONE PEDESTAL/BOX WATER CURB STOP (CONTOUR INTERVAL = 0.5') EXISTING CONTOUR - MAJOR EXISTING CONTOUR - MINOR WATER MAIN W/ SIZE (GRAPHICAL)8 W CONTROL POINTS WATER SERVICEWSWSWSWS WATER SERVICE (GRAPHICAL)WS WS WS WS SEWER MAIN W/ SIZE (GRAPHICAL)8 SS SEWER SERVICEssssssss SEWER SERVICE (GRAPHICAL)ss ss ss ss 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 DOC. 232966550.0' PUBLIC STREET 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 BLO C K 3 BLO C K 2 BLO C K 1 BLO C K 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 WELLS P R I N G D R I V E DA Y S P R I N G A V E N U E 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 49 ©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 COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 55NWX, LLC GALLATIN 5659.005 NO SCALE 01/2021 MEE CJF MMI 5E 2S 04NE 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 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 _____________________________ 50 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Engineer III Shawn Kohtz, City Engineer SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Dowl for the Design of Changes to the Bike Lanes on Peach Street at Rouse Avenue MEETING DATE:March 2, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with DOWL for the design of changes to the bike lanes on Peach Street at Rouse Avenue. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The Montana Department of Transportation is reconstructing the Rouse Avenue corridor from Main Street to Oak Street. The project reconstructed the Peach Street intersection with a new traffic signal, turn and through lanes, sidewalk, and ADA improvements. The existing bicycle lanes on the Peach Street, west of Rouse Avenue, were merged into vehicle lanes west of the intersection. The Montana Department of Transportation and the City of Bozeman both received a substantial number of comments expressing strong opposition to this design. The Montana Department of Transportation and the City of Bozeman agreed to work together on potential changes to improve the design for people on bicycles. It is desired to include the changes in the work that remains to be done on the Rouse Avenue project this spring and early summer. Due to the short time frame, relatively low cost, and because DOWL designed the original project, it is in the best interest of the public that we work directly with DOWL. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the Commission. FISCAL EFFECTS:The cost of these services total $7,200. This work will be paid for from the Annual Curb Replacement Program, Project Number SCR01. 51 Attachments: 20210302_DOWL_PSA_original.docx DOWL Scope and Fee_Peach Street Bicycle Lanes.docx Report compiled on: February 18, 2021 52 Professional Services Agreement for Peach Street Bike Lanes FY 2020 – FY 2021 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 1st day of March, 2021 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA,a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and DOWL, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2.Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 30th day of June, 2021, unless earlier terminated in accordance with this Agreement. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, 53 Professional Services Agreement for Peach Street Bike Lanes FY 2020 – FY 2021 Page 2 of 11 and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b.Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. 54 Professional Services Agreement for Peach Street Bike Lanes FY 2020 – FY 2021 Page 3 of 11 Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. 55 Professional Services Agreement for Peach Street Bike Lanes FY 2020 – FY 2021 Page 4 of 11 For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligationsshall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractorshall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. 56 Professional Services Agreement for Peach Street Bike Lanes FY 2020 – FY 2021 Page 5 of 11 The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8.Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. 57 Professional Services Agreement for Peach Street Bike Lanes FY 2020 – FY 2021 Page 6 of 11 c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10.Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, 58 Professional Services Agreement for Peach Street Bike Lanes FY 2020 – FY 2021 Page 7 of 11 Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Taylor Lonsdale or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b.Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Cody Salo or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c.Notices:All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, 59 Professional Services Agreement for Peach Street Bike Lanes FY 2020 – FY 2021 Page 8 of 11 postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.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. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, 60 Professional Services Agreement for Peach Street Bike Lanes FY 2020 – FY 2021 Page 9 of 11 by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 61 Professional Services Agreement for Peach Street Bike Lanes FY 2020 – FY 2021 Page 10 of 11 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 62 Professional Services Agreement for Peach Street Bike Lanes FY 2020 – FY 2021 Page 11 of 11 29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 63 Page 1 Scope of Services Peach Street Bicycle Lanes Introduction The Montana Department of Transportation is reconstructing the Rouse Avenue corridor from Main Street to Oak Street. The project reconstructed the Peach Street intersection with a new traffic signal, turn and through lanes, sidewalk, and ADA improvements. Existing bicycle lanes on the Peach Street, west of Rouse Avenue, were merged into vehicle lanes west of the intersection. This project will include development of two concepts to allow bicyclists options to access adjacent sidewalk. One concept will be forwarded to design to be provided to Missouri River Contractors (Rouse Avenue project contractor)for a price proposal. DOWL contacted MDT to determine what requirements would be placed on the City of Bozeman. Work affecting the state right-of-way including recently constructed features such as storm drain, traffic signals, and ADA improvements will require a Systems Impact Action Process (SIAP) analysis. MDT has indicated that a bicycle lane terminating on the west leg of the intersection would likely not be acceptable.This project will limit the extent of the modifications to those that can be completed within the city’s right-of-way to avoid the SIAP analysis. Scope of Services Task 1.Alternative Development DOWL will develop two alternatives for consideration.The alternatives include: Providing bicycle ramps intended to allow bicyclists to merge or diverge from Peach Street; and Using alley approach locations for bicyclists to enter or exit bicycle lanes. DOWL will field measure new utility poles, fencing, and other items constructed with the Rouse Avenue project to gain a better understanding of available widths for sidewalk and the potential for shared use facilities. The alternative development will include a plan sheet of each alternative for review by the city staff. DOWL will conduct one (1) meeting with the city staff to discuss the merits of the two alternatives. The city will notify DOWL of their preferred alternative to begin the design task. Task 2.Preferred Alternative Design It is assumed that survey of new features is not required. DOWL will notify the city if a contract modification is needed to survey specific items for the preferred alternative design. The design will include two sheets including a layout plan with elevation information and a signing and striping plan. It is anticipated that striping and sign locations will be affected with the bicycle lane modifications. DOWL will conduct one (1) meeting with the city staff to review the design of the preferred alternative and revise the plan sheets. Task 3.Bid Package Preparation DOWL will prepare a list of work items and quantities in addition to the plan sheets. For consistency with the MDT Rouse Avenue project, it is assumed that MDT Standard Specifications will be referenced with the bid package and no additional specifications will be required. The city will review and submit the bid package information to Missouri River Contractors for a price proposal. DOWL will be available to answer questions and review the price 64 Scope of Services Peach Street Bicycle Lanes Page 2 proposal to provide a recommendation to the city. Construction administration is not included in the scope of services. Schedule and Compensation Task 1 –Alternative Development will be prepared and submitted to the city by 3/5/21.Review of the alternatives and selection of the preferred alternative will be completed by 3/10/21. Task 2 –Preferred Alternative Design will be completed by 3/17/21 and reviewed with the city by 3/19/21. Task 3 –Bid Package Preparation will be completed by 3/24/21 for submittal to the contractor. MDT typically ends a project’s winter shutdown by April 15 allowing for approximately 3-4 weeks of contract negotiation with the contractor. The following table outlines DOWL’s fee for the proposed Scope of Services. Compensation Task Description Fee Task 1 –Alternative Development $ 2,000.00 Task 2 –Preferred Alternative Design $ 2,800.00 Task 3 –Bid Package Preparation $ 2,400.00 Total $ 7,200.00 65 Memorandum REPORT TO:City Commission FROM:Tanya Andreasen, Community Housing Program Manager Martin Matsen, Community Development Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable Housing Development and Preservation MEETING DATE:March 2, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a professional services agreement for review and amendments to the Unified Development Code to support affordable housing development and preservation. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The City of Bozeman's 2020 Community Housing Action Plan identifies Regulations and Incentives as two of its six major strategy categories. The city's policies influence housing affordability in many ways, including in the development of new affordable homes, and the rehabilitation or modification of existing affordable homes. The City of Bozeman wishes to engage Clarion Associates to provide consulting services to the Community Development Department. Services provided are listed in the scope, and include public engagement, an analysis of the Affordable Housing Ordinance with recommended changes, and a review and audit of the Unified Development Code, and Planned Unit Development code section. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Agreement cost budgeted for FY21 in the Community Housing Fund ($100,000) combined with Community Development Professional Services project fund ($39,980) do not exceed budget authorizations. 66 Attachments: Clarion Associates Contract with Scope and Proposal.pdf Report compiled on: February 17, 2021 67 Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable Housing Development and Preservation FY 2021 – FY 2022 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of February, 2021 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Clarion Associates, 1600 Stout Street, Suite 1700, Denver, CO 80202, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 28th day of February, 2022, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor $139,980 (Budget detail in Exhibit A, Scope of Services). Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 68 Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable Housing Development and Preservation FY 2021 – FY 2022 Page 2 of 11 4. Ownership and Publication of Materials: All reports, information, data, infographics and other materials prepared by the Consultant pursuant to this Agreement are owned by the City. The City has authority to release, publish or otherwise use, in whole or part, reports, information, data, infographics and other materials prepared by Consultant pursuant to this Agreement. No material produced in whole or in part under this Agreement may be copyrighted or patented in the United States or in any other country without the prior written approval of the City. Contractor shall have the right to use products resulting from this Agreement in its marketing efforts. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA). Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ 69 Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable Housing Development and Preservation FY 2021 – FY 2022 Page 3 of 11 compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). 70 Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable Housing Development and Preservation FY 2021 – FY 2022 Page 4 of 11 Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; 71 Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable Housing Development and Preservation FY 2021 – FY 2022 Page 5 of 11 • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: 72 Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable Housing Development and Preservation FY 2021 – FY 2022 Page 6 of 11 a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages 73 Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable Housing Development and Preservation FY 2021 – FY 2022 Page 7 of 11 sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Tanya Andreasen, Community Housing Program Manager or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Don Elliott, Director or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 74 Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable Housing Development and Preservation FY 2021 – FY 2022 Page 8 of 11 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. 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. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. 75 Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable Housing Development and Preservation FY 2021 – FY 2022 Page 9 of 11 The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. The City expressly authorizes and consents to the subcontracting of some portions of the work identified in Exhibit A to Groundprint, LLC and Root Policy Consulting, a Colorado S Corporation. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 76 Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable Housing Development and Preservation FY 2021 – FY 2022 Page 10 of 11 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof 77 Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable Housing Development and Preservation FY 2021 – FY 2022 Page 11 of 11 by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than December 31, 2022. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA Clarion Associates, LLC CONTRACTOR By________________________________ By Jeff Mihelich, City Manager Print Name: Don Elliott Print Title: Director APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 78 1 Planning | Zoning & Land Use | Real Estate | Sustainability & Resiliency Clarion Associates 303.830.2890 1600 Stout Street, Suite #1700 Denver, CO 80202 www.clarionassociates.com Mr. Marty Matsen Bozeman Community Development Director 20 East Olive St., P.O. Box 1230 Bozeman, MT 59771 RE: RFP for Bozeman Affordable Housing AHO and UDC Review and Recommendations Dear Mr. Matsen: Thank you again for choosing the Clarion Associates team to perform the services identified in the above RFP for the City of Bozeman. We are excited about this project and the important challenges that it seeks to address. Following our selection, we have had two conference calls with you and project manager Tanya Andreasen to discuss the most efficient and effective way to complete this work. In addition, we have discussed your desire to integrate additional work to evaluate and recommend revisions to the City’s Planned Unit Development (PUD) regulations as part of this work. As a result of those two conversations, we recommend that the work be reorganized, and that the PUD-related work be integrated, into the following Tasks and Sub-tasks. Task 1: Background Research 1.1: Project Initiation (for Development Code, PUD, and AHO) 1.2: Background Research (for Development Code, PUD, and AHO) Task 2: Development Code and PUD Audit 2.1: Stakeholder Engagement on Development Code and PUDs 2.2: Draft Report on Development Code/PUD Barriers to Affordable Housing 2.3: Public Presentation and Review Task 3: AHO Review and Analysis 3.1: Stakeholder Engagement on AHO – reflecting Task 2 discussions 3.2: Draft Report on AHO improvement – reflecting Task 2 discussions 3.3: Public Presentation and Review Task 4: Final Report and Recommendations (covering recommendations for Development Code and revised text for PUD and AHO) We also recommend that the timeline and budget submitted with our proposal be revised as shown on the following page. EXHIBIT A 79 2 of 3 2 Planning | Zoning & Land Use | Real Estate | Sustainability & Resiliency 2021 FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 1. Background Research 1.1 Project Initiation 1.2 Background Research 2. Development Code and PUD Audit 2.1 Stakeholder 2.2 Draft Report 2.3 Public Presentation and Review 3. AHO Review and 3.1 Stakeholder 3.2 Draft Report 3.3 Public Presentation and Review 4. Final Report and Recommendations Draft Deliverable Final Deliverable Affordable Housing Ordinance Revision: Bozeman, MT -- REVISED Task Root Policy Groundprint Total Team Member Project Manager (Elliott) Associate (Garvin) Associate (Baker) Principal (Aggeler) Director (Riggs) Billable Rate $/Hour $225 $180 $85 $175 $110 1.1 Project Initiation 8 4 4 8 8 32 1.2 Background Research 4 0 4 16 8 32 Task 1: Total Hours 12 4 8 24 16 64 Task1: Total Labor $2,700 $720 $680 $4,200 $1,760 $10,060 Task 2: Development Code and PUD Audit 2.1 Stakeholder Engagement 24 40 40 48 152 2.2 Draft Report 80 96 104 8 80 368 2.3 Public Presentation and Review 16 16 24 24 80 Task 2: Total Hours 120 152 168 8 152 600 Task 2: Total Labor $27,000 $27,360 $14,280 $1,400 $16,720 $86,760 3.1 Stakeholder Engagement 8 0 16 16 16 56 3.2 Draft Report 8 8 8 40 24 88 3.3 Public Presentation and Review 8 0 8 16 24 56 Task 3: Total Hours 24 8 32 72 64 200 Task 3: Total Labor $5,400 $1,440 $2,720 $12,600 $7,040 $29,200 Task 4: Final Report and Recommendations Reommendations on Development Code and Revisions to PUD and AHO 16 16 24 16 24 96 Phase 4: Total Hours 16 16 24 16 24 96 Phase 4: Total Labor $3,600 $2,880 $2,040 $2,800 $2,640 $13,960 Project Total Hours 172 180 232 120 256 960 Project Total Labor $38,700 $32,400 $19,720 $21,000 $28,160 $139,980 Meeting Logistics (and Possible Travel) Expenses Total Labor and Expenses: Phase 1 and Phase 2 $139,980 Task 1: Background Research Task 3: AHO Review and Analysis Clarion Associates 80 3 of 3 3 Planning | Zoning & Land Use | Real Estate | Sustainability & Resiliency If you think this letter accurately reflects the revisions to the work scope, timing and budget that we have discussed, please indicate your agreement by executing this letter in the space below. Clarion Associates, LLC City of Bozeman, Montana Don Elliott, FAICP By: _________________________ Director Its: _________________________ 81 Response prepared by: RFP Response Review and Amendments to the Unified Development Code to Support Affordable Housing Development and Preservation City of Bozeman, Montana 82 2 Bozeman, Montana 1600 Stout Street, Suite 1700 Denver, CO. 80202 303.830.2890 www.clarionassociates.com Bozeman Area Photos Credit: Assorted Creative Commons Licensing Attribution: Trace Nietert, Anders Pearson, LB Larry, Tim Gage, Tim Evanson, Dan Nguyen, CONTENTS TITLE PAGE 3 FIRM PROFILE & PROJECT PERSONNEL 5 PROJECT TEAM 6 SCOPE OF PROPOSAL 10 • TIMELINE 14 BUDGET 15 RECENT WORK FOR THE CITY OF BOZEMAN 16 REFERENCES 17 AFFIRMATION OF NONDISCRIMINATION AND EQUAL PAY 21 APPENDIX 22 • TEAM RESUMES 83 | 3RFP: Review and Amendments to the Unified Development Code January 14, 2021 City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 Attention: Mike Maas, City Clerk RE: RFP for Bozeman Affordable Housing AHO and UDC Review and Recommendations Dear Mr. Maas: Clarion Associates, Root Policy Research, and Groundprint are pleased to present this proposal to perform the consulting services described in the above RFP. We have assembled this team to provide the City of Bozeman with an exceptional blend of national and local expertise in zoning, development regulations, housing economics, and citizen engagement. More specifically: •Clarion Associates is a national land use consulting firm based in Denver, CO that has completed morethan 220 zoning and development regulatory update projects throughout the U.S. over the past 28 years. •Root Policy Research is one of the nations premier firms of housing economists and analysts, andhas often teamed with Clarion Associates to address both market and regulatory barriers to fair andaffordable housing. •Groundprint is a Bozeman-based consulting firm with a long history of engagement with both the City ofBozeman and its neighborhoods and development community. Together, the Clarion Team offers Bozeman a wealth of experience about best practices in both affordable housing and zoning regulations, as well as a long track record of successful stakeholder engagement and consensus-building on these complex topics (even under the constraints of the COVID-19 pandemic). We are genuinely excited by this project and the opportunities it presents to increase the supply of affordable housing in Bozeman. We hope you give this proposal careful consideration, and that you feel free to ask any clarifying questions or to suggest changes in our scope of work, timeline, or budget that you think would better meet Bozeman’s needs. We look forward to working with you. Sincerely, Don Elliott, FAICP Director delliott@clarionassociates.com (303) 830-2890 ext. 26 1600 Stout Street, Suite 1700 Denver, CO. 80202 303.830.2890 www.clarionassociates.com TITLE PAGE 84 4 Bozeman, Montana EXECUTIVE SUMMARY Affordable housing is one of the most difficult challenges facing cities throughout the U.S. and one that cannot be addressed successfully without a thorough understanding of both housing economics and regulatory barriers to new housing construction. The Clarion Team includes both the national experience and local knowledge to do that. The pages below outline our approach to this very worthwhile project, as well as our proposed scope of services, timeline, and budget. The Clarion Team generally agrees with the Phases and Tasks described in the RFP, and think they represent a logical approach to this work. We suggest one change, namely, the combination of RFP Tasks 1.5 and 1.6, so that the AHO Report will include both recommendations for change and the proposed text of those changes. In our experience, it is easier for reviewers to understand the implications of narrative recommendations if they can also review the actual proposed text revisions at the same time. Although this proposal reflects the RFP request to conduct Project Initiation and Background Research separately for Phases 1 and 2 (Tasks 1.1, 2.1, 1.2, and 2.2), we would also be happy to combine some of these Tasks to save time and project budget for other Tasks. The Clarion Team is particularly excited to work with Bozeman on these analyses and recommendations because the project draw on our core strengths and interests. Crafting a successful affordable housing strategy requires not only the analytical skills related to housing economics and zoning regulations, but also national experience on how other cities have addressed the challenge of affordable housing, whether they were successful, and why or why not. Root Policy Research brings to Bozeman a deep pool of experience and examples of which Affordable Housing Ordinances (AHOs) work, and which do not. They also understand the reasons why unsuccessful AHOs fail. Clarion Associates has a similarly extensive track record with Unified Development Codes. Through our work around the U.S. and Canada, we know how zoning, subdivision, and development regulations can create serious barriers to the construction or renovation of affordable housing, and we know how to modify or remove those barriers. More importantly, we know what does not work – i.e. what regulatory changes sound good but will not make a meaningful change in the supply of affordable housing. As in the case of housing economics, it is just as important to know what zoning “fixes” do not work, and to spot and avoid those mistakes through candid, fact-based communications throughout the process. Groundprint adds to the depth of our team by bringing on-the-ground experience working with the City of Bozeman and its neighborhoods and development community. This experience will help us to understand the City’s values and ensure that we engage with a broad and inclusive range of affected stakeholders and the community in general. These decades of experiences give the Clarion Team the ability to tailor our advice and recommendations to the unique context of each of our partner communities – and make us particularly excited to assist Bozeman with this work. We believe that the proposal below will result in exceptionally effective revisions to both the AHO and the UDC with broad public understanding and support, but we are ready to discuss any changes that Bozeman feels would better meet the City’s needs. 85 | 5RFP: Review and Amendments to the Unified Development Code FIRM PROFILE & PROJECT PERSONNEL CLARION ASSOCIATES 1600 STOUT ST, SUITE 1700 DENVER, CO. 80202 www.clarionassociates.com Clarion Associates is a national land-use consulting firm with offices in Denver and Chapel Hill and affiliated offices in Philadelphia and Cincinnati. Founded in 1992, Clarion is known for its expertise in comprehensive planning, zoning, and plan implementation. Founded in 1992, the firm has been working in the areas of housing policy and the promotion of fair and affordable housing since its inception. The firm specializes in: • Innovative development codes; • Plan implementation; • Inclusive citizen engagement; • Sustainable development codes; • Web-based plans and codes; and • Historic preservation plans and ordinances. The firm has updated over 220 zoning, subdivision, and unified development codes in over 200 communities, almost all of which have been adopted and implemented. The firm has particular expertise in promoting housing diversity and reducing barriers to affordable housing development. Almost all of our development code projects involve affordable housing development by increasing the diversity of housing allowable in different neighborhoods, adopting market-based affordable housing incentives, and streamlining the procedure for attainable and affordable housing projects. Recent Unified Development Code projects that have addressed these issues have included work in Bloomington, IN, Rochester MN, Colorado Springs, CO, and Boise, ID, among others. The firm has a staff of 17 and annual revenues of approximately $3.1 million. Clarion is currently working on planning and zoning projects and related studies in approximately 40 communities. A sample of our partner communities is shown on the map below, and a full list is shown in the Appendix to this proposal. STAFF TO MEET THE NEEDS OF OUR CLIENT 21 COMMUNITIES YEARS OF EFFECTIVE LAND USE SOLUTIONS 2817 ZONING & LAND USE DEVELOPMENT CODES DIVERSE COMMUNITIES 86 6 Bozeman, Montana ELIZABETH GARVIN, ESQCODE ANALYSIS & DRAFTING JENNY BAKER, AICPCODE ANALYSIS & PUBLIC ENGAGEMENT DON ELLIOTT, FAICPPROJECT MANAGER, ANALYSIS & QUALITY CONTROL SUSAN RIGGS, AICPLOCAL GOVERNANCE & PUBLIC ENGAGEMENT HEIDI AGGELER AFFORDABLE HOUSING ORDINANCE ANALYSIS ROOT POLICY 6740 E COLFAX AVE, DENVER, CO 80220 www.rootpolicy.comRoot Policy Research has a wealth of experience with all aspects of housing studies, including housing market analyses, strategic housing plans, fair housing analyses, and Consolidated Plans for Housing & Community Development. Root Policy Research is a women-owned business founded by two partners at BBC Research & Consulting (BBC), Heidi Aggeler and Mollie Fitzpatrick. Heidi joined BBC in 1998 and, during her 20 year tenure at the firm, expanded BBC’s housing division into a nationally recognized fair housing consulting practice. Mollie has led the development of the data- and impact-modeling areas of the practice, in addition to expanding the firm’s policy focus into the areas of childcare, education, neighborhood-level equity, and economic mobility. Root Policy has worked with Clarion on Analysis of Impediments to Fair Housing and Affordable Housing in Texas, Nevada, Idaho, and Oregon GROUNDPRINT, LLC 280 W KAGY BLVD STD D #236 BOZEMAN, MT 59715 www.groundprint.com A quality place is made up of connected neighborhoods with a mix of housing types, green spaces, art, thriving commerce, and engaged citizens. Groundprint, LLC is a Bozeman, MT based consulting firm that specializes in helping cities and non-profits play a stronger role in community development. Clients have included the City of Bozeman, the Human Resource Development Council (HRDC) and the Downtown Partnership. Areas of expertise include long-range planning, master planning, code writing, urban design, land use consulting and entitlements. PROJECT TEAM 87 | 7RFP: Review and Amendments to the Unified Development Code Master of City and Regional Planning, Harvard J.F.K. School of Government, Harvard Law School, Juris Doctor, Cum Laude Bachelor of Science, Yale University, Summa Cum Laude Harvard/MIT Joint Center for Urban Studies, Nathaniel Rogg Fellowship Don Elliott is a Director in Clarion’s Denver office. Don’s practice focuses on plan implementation, zoning, development regulations, affordable housing, fair housing, and international urban development. Prior to joining Clarion, he was Project Director for the Denver Planning and Community Development Office. Don has also advised numerous local governments in Russia on land use issues, served as Democracy and Governance Advisor for USAID in Uganda, completed research projects on planning and slum upgrading issues in India, and drafted zoning regulations for Ulaanbaatar, Mongolia. Locally, Mr Elliott has served as the editor of Colorado Land Planning and Development Law for over 25 years and is a member of the Denver Planning Board. He also teaches a graduate course in Land Development Regulations at the University of Colorado at Denver College of Architecture and Planning. Master’s in Urban Policy & Planning, University of Illinois at Chicago Bachelor of Arts in French Language & Literature,University of Pennsylvania, Philadelphia Jenny Baker was previously a land use planner in Missoula, Montana before joining Clarion. She brings several years of experience with implementation of land use codes and regulations. As Missoula’s senior planner, she handled complex land use requests including subdivisions, zoning amendments, special uses and annexations. Prior to her experience in the planning field, she spent 10 years with the American Red Cross and FEMA’s Region V, focusing on resiliency planning, and responding to over 50 disasters around the US. Her areas of interest include sustainable transportation, housing affordability, and historic preservation. She brings considerable expertise with community engagement, writing, and public speaking. DON ELLIOTT, FAICP DIRECTOR PROJECT MANAGER, ANALYSIS & QUALITY CONTROL JENNY BAKER, AICP CODE ANALYSIS & PUBLIC ENGAGEMENT Representative Projects • Affordable / Fair Housing Regulatory Review | State of Idaho, State of Nevada, State of Texas, State of Oregon, Anchorage, AK • Integrated Development Ordinance | Albuquerque, NM • Consolidated Zoning/Subdivision Ordinance | Indianapolis, IN • New Zoning Code | Philadelphia, PA • Zoning Code Revision | Detroit, MI • Zoning Ordinances | Kalamazoo MI, Columbia MO, Lake Havasu City AZ, Bainbridge Island WA, Rochester MN, Fairfax County VA, Brunswick ME, Ann Arbor, MI • Development Codes | Fort Wayne/Allen County IN, Lake Oswego OR, Hillsboro OR, Bloomington, IN, Aurora CO Representative Projects • Comprehensive Plan & Code | Clark County, NV • Land Use Regulations Rewrite | Eagle County , CO • Hazard Mitigation & Development Reallocation Strategies | Hawai’i County, HI • Code Rewrite | McKinney, TX • Sign Code Rewrite | Albany, NY 88 8 Bozeman, Montana Master of Urban Planning, University of Kansas Juris Doctor, University of Kansas Elizabeth Garvin is the Community ReCode Founding Principal and she works in the Denver office. Elizabeth is both an attorney and a planner and she has practiced in both disciplines. She has prepared both traditional and FBC/hybrid code update projects for cities, towns, and counties across Colorado and the country; drafted topic-specific code provisions covering issues such as ADUs, sustainability, and signs; served as an expert witness on land use issues; and organized and undertaken numerous code-related public participation processes. Prior to founding Community ReCode, Elizabeth was the Planning Director for SAFEbuilt Studio, practiced law with Spencer Fane, and worked as a senior staff member at Clarion Associates. Ms. Garvin is a frequent speaker and author on planning and regulatory topics, including serving as an advisory board member for the Rocky Mountain Land Use Institute as well as RMLUI’s legal columnist to the Western Planner. Recently, Elizabeth co-authored the April 2018 APA Zoning Practice article entitled Living with Form-Based Codes and presented on the same topic at the 2018 APA National Conference in New Orleans. She was a co-presenter at the Bettman Symposium on Equity and Zoning at the 2019 APA National Conference. M.P.A. in Policy Analysis, Humphrey Institute, University of Minnesota Bachelor of Arts in Accounting, University of Utah Heidi Aggeler started her research and consulting career as an economic analyst at the Federal Reserve and an auditor for the Federal Deposit Insurance Corporation (FDIC). She joined her former firm in 1999, became a partner in 2002, a Managing Director in 2006, and started Root Policy Research in 2018. Heidi has been managing housing research projects since 1999, and has overseen completion of more than 50 housing market studies. Heidi is also frequently hired to assist communities with strategic plans to achieve housing balance. ELIZABETH GARVIN, ESQ AFFORDABLE HOUSING REGULATIONS Representative Projects • Development Code Assessment and Sign Code Update | Pasco, WA • Zoning Code Updates | Billings and Yellowstone County, MT • Downtown Vision Plan and Zoning Code Update | Cedar Falls, IA • Land Use Code update | Larimer County, CO • Land Use Code update | Parker, CO • Unified Development Code and Sign Code | Branson, MO HEIDI AGGELER AFFORDABLE HOUSING ORDINANCE ANALYSIS, HOUSING ECONOMICS Representative Projects • Colorado Strategic Plan Facilitation | Boulder County, CO • Housing Strategy | Westminister, CO • Baltimore Regional Zoning Barriers Review | Baltimore, MD • New Mexico Housing Needs Strategic Plan and Best Practices Analysis | Las Cruces, NM • Denver Zoning Incentives Study | Denver, CO 89 | 9RFP: Review and Amendments to the Unified Development Code Bachelor of Arts in Urban & Environmental Planning, University of Virginia School of Architecture Susan Riggs, AICP, will serve as a local planner and advisor for this project. Susan has uniquely experienced the public, private, and non-profit sectors in Bozeman over the past 19 years. With a degree in Urban & Environmental Planning from the University of Virginia School of Architecture, Susan began her professional life in 2001 working as a planner for the City of Bozeman where she developed a strong knowledge of the complexities of implementing land use regulations and municipal plans through managing both current and long-range planning projects. In the private sector, working for a local architecture firm for nine years, she concentrated on site and neighborhood design, master planning, municipal and county entitlements, design review programs, feasibility studies, and technical assistance grants. In 2017, Susan established GroundPrint, LLC, to focus on helping cities and the community development branches of non-profits navigate the design and planning process. As an advocate for the Jeffersonian spirit of community and participation, Susan has served on the North 7th Urban Renewal Board and the Gallatin County Planning Board. She also was a member of the recent Gallatin County team that was selected to participate in the “Community Builders: Building Better Places” workshop. Representative Projects • Stewart Homes Affordable Housing Master Plan | Helena, MT • Zone Text Amendment to establish “Residential Emphasis Mixed Use” (REMU) new zoning district | Bozeman, MT • Downtown Bozeman Technical Assistance Grants | Bozeman, MT • Valley West | Bozeman, MT • The Lakes at Valley West, Phases 1 & 2 | Bozeman, MT • South Rouse (Park)ing Lot Redesign | Bozeman, MT • Zone Text Amendment to add provisions for way-finding signage | Bozeman, MT • Olive & Wallace Renovation | Bozeman, MT • Goetz Law Firm Addition |Bozeman, MT • Block M Townhomes |Bozeman, MT • Element Hotel Consulting | Bozeman, MT • Bozeman Birth Center |Bozeman, MT • Greenway Group Living Facility for Reach, Inc. | Bozeman, MT • North Tracy Group Living Facility for Reach, Inc. | Bozeman, MT • HRDC’s West Edge Condominiums Phase 2 |Bozeman, MT Work completed under City of Bozeman Community Development (2001-2006) • Project planner for subdivisions, commercial & mixed-use developments • Administrative Design Review Staff for entryway corridors and historic districts • Planner for establishment of Tax Increment Financing (TIF) District for North 7th • Event coordinator for annual Clean Up Day, Awards Ceremony & Staff Retreats • Staff liaison to Beautification Advisory Board & North 7th Urban Renewal Board • Co-author of Bozeman Creek Neighborhood Plan • Artist for illustrated appendix to zoning ordinance SUSAN RIGGS, AICP LOCAL GOVERNANCE & PUBLIC ENGAGEMENT 90 10 Bozeman, Montana SCOPE OF PROPOSAL GENERAL APPROACH Getting affordable housing right is very difficult, and Bozeman is not alone in finding that regulations and incentives designed to promote affordable housing often have limited impact. In fact, that is the norm across many U.S. communities. The Clarion Team believes that the keys to drafting a modern effective affordable housing program are: • Sound Economics – Understanding the true costs of developing housing • Removing Barriers – Focusing first on removing zoning and other regulatory barriers that are reducing the production of affordable housing • Realistic Incentives – Ensuring that any incentives offered are strong enough to induce real market change In short, because there is never enough public money to bridge the gap between the supply and demand for affordable housing, it is essential to allow the market to meet as much of that supply as possible – and that requires regulatory change based on market realities. This is especially true in Bozeman where Community Housing Needs Assessment calls for 6,000 new homes in five years. The Clarion Team has a deep understanding of both housing economics and the regulatory and financial tools needed to do just that. In the drawing below, the red arrow represents levels of affordability that can be achieved by the private market, and the blue bar represents levels of affordability that cannot be achieved without some form of assistance. Revising development codes to remove barriers can move the black line to the left to allow the market to meet a greater share of housing need, and revising affordable housing ordinances can ensure that available funds are used as efficiently as possible to meet more of that need. The Clarion Team’s job is to help Bozeman achieve that. DETAILED SCOPE OF SERVICES The Clarion Team’s proposed Scope of Services is shown below. We think Bozeman’s approach to this project is logical and straightforward, and we have accepted the proposed Tasks in both Phase 1 and Phase 2 with only one change. We recommend that within Phase 1, Tasks 1.5 and 1.6 be combined so the AHO Report and specific recommended ordinance revisions can be considered together, which will improve the quality of discussion around those recommendations and result in a more efficient use of the project budget. The Clarion Team is prepared to perform each of those tasks as stated in the RFP. In the pages below we do not repeat each RFP statement of the Task, but instead add our insights and comments about how we would perform the task and why our expertise is particularly well matched to Bozeman’s need for that service. “Of all of the consulting firms that I have worked with in the past 25 years in both the private and public sectors, Clarion is ranked at the top of my list. I highly recommend them to any entity seeking the most professional, knowledgeable, comprehensive and innovative solutions to local/regional planning and development regulation needs.” Ralph Becker, FAICP, Former Mayor, Salt Lake City, UT 91 | 11RFP: Review and Amendments to the Unified Development Code PHASE 1 - AHO ANALYSIS TASK 1.1: PROJECT INITIATION This task will be performed as stated in the RFP. The Clarion Team approach is to form close partnerships with the City’s project management staff and Community Engagement Team, and coming to a common understanding about project scope, management, the engagement strategy, and potentially difficult issues early in the process is important to success. We follow this up with scheduled weekly or bi-weekly calls to ensure that project tasks are going smoothly and to make mid-course corrections as needed. Timing: February 2021 TASK 1.2: BACKGROUND RESEARCH As noted above, it is essential that all work related to affordable housing be grounded in sound information about how the housing market is and is not performing, as well as the regulatory environment in which it is operating. We will use the new Community Housing Hub as well as review each of the documents listed in the RFP, ask questions about how the documents are administered in practice, and ensure that we have a common understanding of these plans and regulatory frameworks – particularly as they related to the 2019 Community Housing Needs Assessment and the 2020 Community Housing Action Plan. This task will draw on Clarion Project Associate Jenny Baker’s four years of experience working as a planner in Montana, as well as Susan Riggs’ deep understanding of Bozeman’s governance framework and practices. Timing: February 2021 TASK 1.3: STAKEHOLDER ENGAGEMENT Effective and candid community engagement is a process not an event and will be critical to this effort, and the Clarion Team has almost 30 years of experience tailoring our approaches to the needs and practices of each of our partner communities. In this case, we will align our efforts with the Draft Bozeman Community Engagement/Collaborative Governance document and focus on creating an effective, meaningful and inclusive community engagement plan early in the process in collaboration with the City. Because at least part of this work will take place during the continuing constraints of the COVID-19 pandemic, all engagement efforts must be designed to respect CDC, state, and local guidance regarding public health. The Clarion Team’s ability to appear in person will be limited during the early months, but may change over the course of the project, and that will require a flexible and creative engagement strategy. Experience shows that a adaptable approach to stakeholder engagement is also important because it allows project leadership to continually redirect efforts to ensure that low-income households, BIPOC (black, indigenous, people of color) households and persons with disabilities are fully and thoughtfully engaged throughout the process. Our design and conduct of engagement events will draw on Susan Riggs’ presence in Bozeman and her knowledge of the community as well as her recent professional work on the Community Platform, the City Engagement Report, and the PUD Relaxation Report. In general, our experience is that the following elements are key to an effective stakeholder engagement program when in-person meetings and conversations are not possible. • Website. An effective website presence – usually hosted on the City’s website – where the project team can post schedules, upcoming events, drafts of deliverables for public review, deliverable summary memos, and Frequently Asked Question sheets, and where the public can make comments and sign up for future notices related to the project. • Social Media. While not a good forum for substantive discussions regarding complex issues like affordable housing, social media (and particularly Instagram, Facebook, and Twitter) have proven effective means to reach a broader range of stakeholders, announce future virtual meetings and the availability of drafts for review, and to direct stakeholders to the project website for more detailed information. • Virtual Meetings. Since 2017, the Clarion Team has developed significant experience conducting interviews, briefings, and hearings using on-line platforms such as Zoom and Microsoft Teams, with good results. We also use software platforms such as MentiMeter, Konveio, and Slido to allow virtual participants to see their individual comments appear alongside others during virtual events, and to participate in identifying themes among the responses, which promotes transparency and can help build consensus. In some cases, the use of chat boxes and question-and-answer features also allow quieter stakeholders (or those that prefer anonymity) to engage more meaningfully than they could in a large in-person meeting or open houses. We have also been effective in using breakout rooms to encourage participants to speak up when they might have been unwilling to speak in larger 92 12 Bozeman, Montana virtual environments. Our goal is to make these meetings welcoming and easily accessible to all those who are interested in participating. • Meeting Stakeholders Where They Are. Increasingly, we find that one of the most effective way to engage key stakeholders (and particularly traditionally un-engaged stakeholders) is to ask to participate in regular meetings of neighborhood groups, advisory boards, non-profits (such as HRDC or the Headwaters Community Housing Trust), student organizations, business associations, and interest groups. This creates a non-threatening channel for increased participation at an event that participants have on their calendars anyway, with colleagues they know. This requires significant advanced planning and absorbs an increasing share of available public engagement funds, but it turns out to be very effective and is in line with one of the City’s Guiding Principles from the Draft Community Engagement/ Collaborative Governance document that “The City goes to the community as well as invites the community into City spaces.” Clarion Associates and Groundprint will prepare required presentation materials and facilitate stakeholder engagement sessions. Timing: February - March 2021 Deliverables: Community Engagement Matrix TASK 1.4: ANALYZE THE AHO Clarion Associates will work closely with Root Policy Consulting to review the Affordable Housing Ordinance – as well as its alignment with the Unified Development Code – as stated in the RFP. Root Policy has a national reputation as a knowledge leader in effective affordable housing strategies – and has drafted and revised affordable housing strategies for communities as diverse as Lawrence, KS, Aurora, CO, and Travis County, TX . Clarion Associates worked closely with Root Policy recommend updates to affordable housing strategies in Albany, NY, Dallas, TX, several counties in Idaho, and the states of Oregon and Nevada. We have also prepared affordable housing best practices reports and alternatives analyses for; • Boulder, Denver, Fort Collins, and Pitkin County (Aspen), CO, • Boise, ID, • Las Cruces, NM, • Teton County (Jackson Hole), WY, and • Palm Beach, Marathon, and Lee County, FL. This extensive experience will allow the Clarion Team to quickly and efficiently evaluate specific aspects of the Bozeman Affordable Housing Ordinance that deviate from emerging best practices or explain why that ordinance has produced so little affordable housing over the past years. Timing: February - April 2021 TASK 1.5: FINAL AHO REPORT Based on the results of Tasks 1.2, 1.3, and 1.4, the Clarion Team will prepare a preliminary report documenting our analysis of, and recommended changes to, the Affordable Housing Ordinance. To improve the ability of stakeholders to understand the implications of these recommendations, this document will also include our recommendations for specific changes to the AHO text to implement the recommendations. The report and recommended AHO revisions will be presented to the Bozeman Planning Board, Bozeman Zoning Commission, Historic Preservation Advisory Board, Community Affordable Housing Advisory Board, Interneighborhood Council, and City Commission for review and discussion before work on Phase 2 begins. We would also like to consider reconvening the Bozeman Community Housing Action Plan Working Group for their input. The Discussion points raised by these groups will be presented to the City Commission, and the recommendations of the City Commission will be integrated or annotated into a final report and recommendations document. Timing: April - June 2021 Deliverables: Preliminary AHO Report and Recommendations Final AHO Report and Recommendations Community Engagement Matrix 93 | 13RFP: Review and Amendments to the Unified Development Code PHASE 2 - CODE ANALYSIS TASK 2.1: PROJECT INITIATION This Task will be performed as outlined in the RFP and in the same manner described for Task 2.1 above, in order to ensure that Phase 2 work accurately reflects Final AHO report and direction from the City Commission. Timing: June 2021 TASK 2.2: BACKGROUND RESEARCH This Task will be performed as described in the RFP, and its scope will be limited to any background materials not already reviewed in Task 2.2. Timing: June - July 2021 TASK 2.3: STAKEHOLDER ENGAGEMENT The Clarion Team will perform this Task using similar outreach and engagement tools identified in Task 1.3 and the process will also align with the Draft Bozeman Community Engagement/Collaborative Governance document. While including all those groups identified in the RFP, this outreach effort will draw on the local knowledge of Susan Riggs to also include developers, non-profits, and the very active local design community of architects, planners, and engineers. We also plan to analyze the existing ideas and comments related to affordable housing listed on the Community Platform. Clarion Associates conducted similar outreach and engagement for Enterprise Housing and the City and County of Denver during the development of the new Denver Zoning Ordinance, and the results significantly influenced the design of that ordinance. One of the key tools that the Clarion Team brings to this task is the ability to describe alternative zoning and development regulations used by other cities throughout the U.S. and to draw out stakeholder opinions about how well that approach might work (or not work) in Bozeman. Stakeholder engagement works best when participants can get beyond general statements about what they like and do not like about a development code, and can instead offer thoughtful advice about the advantages and disadvantages of potential alternatives. Clarion Associates and Groundprint will prepare required presentation materials and facilitate stakeholder and community engagement sessions. Timing: July – September 2021 Deliverables: Community Engagement Matrix TASK 2.4: ANALYZE THE DEVELOPMENT CODE Task 2.4 addresses the heart of this important topic – how Bozeman’s Unified Development Code could be revised to better align with the Affordable Housing Ordinance and to allow the private development market to produce more affordable housing in ways that are economically realistic and politically supportable. Over the past 28 years, Clarion Associates has completed over 80 evaluations of zoning, subdivision, and development codes around the U.S. and Canada, and in recent years almost all of those evaluations have included the removal of barriers to diverse, innovative, and affordable housing. Our analysis will cover all 15 topics listed in the RFP but will also include opportunities for more mixed-use development (which can open up additional opportunities for internal cross-subsidies), maximum lot coverage requirements, landscaping standards, and clustered development standards and incentives. As noted earlier, the Clarion Team approach focuses: • First – on Removal of Barriers, because many of the obstacles to affordable housing are buried in old requirements that simply need to be modified, reorganized, or removed. With (usually) the best of intentions, planning, zoning, subdivision, and public works standards are significant contributors to rising housing costs, and removing those obstacles can have a very dramatic impact on housing costs. • Second – on Designing Effective Incentives, because everyone prefers a carrot to a stick, and well designed, market-realistic incentives calibrated to support an AHO can and do induce developers to build more affordable housing products. • Third – on Adding New Regulations, because each new regulation requires training, implementation, and enforcement, all of which cost money that can (directly or indirectly) drive up the costs of housing. Incidentally, while discussions about revising zoning regulations for affordability often focus on the physical aspects of development (such as building heights, intensities, and parking) our experience is that many of the most important zoning barriers are procedural and/or organizational. More specifically, we have found that many housing projects designed to be more affordable instead become significantly less affordable because of the time, effort, expense, and uncertainty in the development review process. Another example in Bozeman is that while many alternatives to a “household” are technically allowed, 94 14 Bozeman, Montana they are buried in the text of the document. The RFP identifies this issue as Task 2.4 points j. (Review processes for discretionary and of-right review) and n. (Procedural Adjustments and Subsidies), and we will pay particular attention to these topics. Timing: August – September 2021 TASK 2.5: DRAFT FINAL REPORT Based on the results of Tasks 2.2, 2.3, and 2.4, the Clarion Team will prepare a final report documenting our analysis of, and recommended changes to, the Bozeman Unified Development Code. The Clarion Team will first provide a preliminary report for City staff, revise the report in response to public comments, and then prepare a revised final report for presentation to the Bozeman Planning Board, Bozeman Zoning Commission, Historic Preservation Advisory Board, Community Affordable Housing Advisory Board, Interneighborhood Council, and City Commission for review and discussion. Timing: October - December 2021 Deliverables: Preliminary UDC Report and Recommendations Final UDC Report and Recommendations Community Engagement Matrix TIMELINE 2021 FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 1. ANALYSIS OF AHO 1.1 Project Initiation 1.2 Background Research 1.3 Stakeholder Engagement 1.4 Analyze the Affordable Housing Ordinance 1.5 Final AHO Report & Revisions 2. UDC AUDIT 2.1 Project Initiation 2.2 Background Research 2.3 Stakeholder Engagement 2.4 Analyze UDC & Associated Standards 2.5 Draft Final Report Draft Deliverable Final Deliverable 95 | 15RFP: Review and Amendments to the Unified Development Code “Clarion’s approach to this complex and highly political project was both technically sound and adaptable to changing conditions. Throughout the project Clarion was professional, knowledgeable, effective, efficient, and easy to work with. Clarion was an excellent partner with the City and always worked cooperatively to provide guidance, address concerns, and solve problems.” George Adams, CNU-A, Director, Planning and Development Services Department BUDGET Affordable Housing Ordinance Revision: Bozeman, MT Task Root Policy Groundprint Total Team Member Project Manager (Elliott) Associate (Garvin) Associate (Baker) Principal (Aggeler) Director (Riggs) Billable Rate $/Hour $225 $180 $85 $175 $110 1.1 Project Initiation 8 4 4 8 8 32 1.2 Background Research 4 0 4 16 8 32 1.3 Stakeholder Engagement 8 0 8 16 16 48 1.4 Analyze the Affordable Housing Ordinance 8 0 4 24 16 52 1.5 Final AHO Report & Revisions 16 4 8 40 8 76 Phase 1: Total Hours 44 8 28 104 56 240 Phase 1: Total Labor $9,900 $1,440 $2,380 $18,200 $6,160 $38,080 2.1 Project Initiaton 8 0 0 0 8 16 2.2 Background Research 16 16 16 0 0 48 2.3 Stakeholder Engagement 16 16 16 0 16 64 2.4 Analyze the UDC and Associated Standards 24 24 32 0 16 96 2.5 Draft Final Report 32 40 40 8 8 128 Phase 2: Total Hours 96 96 104 8 48 352 Phase 2: Total Labor $21,600 $17,280 $8,840 $1,400 $5,280 $54,400 Project Total Hours 140 104 132 112 104 592 Project Total Labor $31,500 $18,720 $11,220 $19,600 $11,440 $92,480 Meeting Logistics (and Possible Travel) Expenses $7,500 Total Labor and Expenses: Phase 1 and Phase 2 $99,980 Phase 1: Analysis of Bozeman's Affordable Housing Ordinance Phase 2: Bozeman Unified Development Code Audit Clarion Associates 96 16 Bozeman, Montana REFERENCE Dani Hess, Neighborhoods Program Coordinator dhess@bozeman.net 406-595-6585 REFERENCE Marty Matsen, AICP, Director Community Development mmatsen@bozeman.net 406-589-5480 RECENT WORK FOR THE CITY OF BOZEMAN NEIGHBORHOOD ENGAGEMENT REPORT City of Bozeman, July 2020 Groundprint, LLC created a report and infographics for the Bozeman Neighborhoods Division to help city-wide efforts to broaden and deepen public engagement. Surveyed peer cities included Bend, Oregon, Corvallis, Oregon, Flagstaff, Arizona, Fort Collins, Colorado, and Vancouver, Washington. Data collection methods involved an online survey, interviews, and data analysis from the American Community Survey. The report focuses on emerging themes related to government structure, engagement tools, inclusion strategies and metrics, and is intended to be a reference guide for the Neighborhoods Division. PLANNED UNIT DEVELOPMENT RELAXATION REPORT City of Bozeman, Dec 2020 Groundprint, LLC generated a report to address the first action item identified in the Planned Unit Development strategy of the City of Bozeman’s Community Housing Action Plan, specifically to “evaluate past PUD relaxation approvals.” The analysis explores Bozeman’s historical use of PUDs in relation to housing affordability and investigates past relaxation approvals to identify common elements and themes among the projects. The study yielded twelve detailed code recommendations and outlined specific future steps. 97 | 17RFP: Review and Amendments to the Unified Development Code REFERENCES REFERENCE Bill Collins, former Planning Director, Teton County 307.690.4436 collinsplanning@onewest.net TETON COUNTY, WYOMING Affordable Housing Support Study and Implementation Legislation Clarion served as the lead consultant in the design of the initial support study and inclusionary housing for Jackson/Teton County in the mid-1990s. This effort, a first in Wyoming, required legal analysis, the piecing together of a nexus between the increases in land/housing values and the housing market in Teton County, establishment of moderate and low income levels, and the development of an in-lieu fee based upon proportionate share principles. In 2002-2003, Clarion worked in conjunction with the Teton County Planning Department in developing the necessary support documents to update the Affordable Housing Support Study, and Mr. Richardson drafted the revised legislation. Between 2004 and 2006, Mr. Richardson served as special legal counsel to the Teton County Attorney in successfully defending several legal challenges to the inclusionary housing requirements adopted by Teton County, in state court. One of the challenges was successfully defended before the Wyoming Supreme Court. In 2013, Clarion led a team of economists and planners in updating the county’s nexus study. TRAVIS COUNTY, TEXAS Texas Housing Needs Analysis In 2019, Heidi Aggeler and Mollie Fitzpatrick conducted a housing needs analysis for both the City of Austin and Travis County. This countywide study evaluated affordability needs, market trends, and rental gaps at multiple geographic levels including countywide, county excluding Austin (anchor city), and by ZIP code. A key component to understanding the geographic complexity of the county was development of a ZIP code level housing needs dashboard which identified characteristics of each neighborhood and illustrated housing cost trends and affordability gaps—through an equity lens. This was the third time we have conducted a housing needs studies for the City of Austin—which inform the City’s notable and successful Strategic Blueprint for Housing.              Jackson/Teton County Housing Department Rules and Regulations June 4, 2018  98 18 Bozeman, Montana REFERENCE Josh Olhava Senior Planner 303-438-6362 jolhava@broomfield.org BROOMFIELD, COLORADO Development Code Assessment Broomfield, Colorado, is an emerging high quality of life community located on the U.S. 36 Denver-Boulder corridor. With a growing population of 68,000, it is poised to capture a significant share of both population and business growth, and in 2001 became the second community in Colorado (after Denver) to be granted City/County government status. As Broomfield grew, it has absorbed lands previously located in Adams, Boulder, Jefferson, and Weld Counties, and in most cases the annexed lands were allowed to retain their current zoning through cross-references to the zoning and development codes in their former counties. The City/ County also adopted a number of Urban Renewal plans whose regulatory relationship to zoning and subdivision controls was inconsistent and unclear. In the summer of 2019, Clarion Associates was retained to complete a thorough assessment of Broomfield’s aging zoning regulation and to devise a strategy for updating the content and integrating regulations from five jurisdictions, as well as regulatory content from Urban Renewal plans, into a single, highly graphic, and user-friendly development code that can support rational and sustainable community growth through the 21st Century. The assessment was completed in the spring of 2020, but plans for a full development code rewrite based on the Assessment were then suspended by the City/County to focus on COVID-19 pandemic response strategies. BLOOMINGTON, INDIANA Unified Development Ordinance Diagnosis With a population of almost 85,000, Bloomington is the seventh largest city in Indiana and the seat of Monroe County. It also serves as home to Indiana University, world reknowned for its academics, swimming, music, and basketball programs. In late 2017, Clarion Associates was retained to lead a team including our Cincinnati affiliate McBride Dale Clarion to complete significant updates to Bloomington’s Unified Development Code. The primary purpose of the updates is to ensure that the UDO is aligned with and promotes the implementation of the new Bloomington Comprehensive Plan. Additional challenges include significant pressures to develop additional student housing, while ensuring that the scale of that housing does not overwhelm its surroundings, and considering form-based zoning approaches for some portions of the City. The UDO updates were adopted in early 2020. REFERENCE Scott Robinson, Director Bloomington Planning and Transportation Department 812-349-3423 robinsos@bloomington.in.gov Chapter 20.02: Zoning Districts20.02.020 Residential Zoning Districts Bloomington, Indiana – Unified Development Ordinance 27 Adoption Date: January 14, 2020 Effective Date: TBD Figure 12: RM Dimensional Standards RH: Residential High Density Purpose The RH district is intended to accommodate high-intensity multifamily residential development, plus related civic and residential-supportive uses, to provide an adequate mix of housing types throughout the community. This district can also serve as a transition between other lower-density districts and the downtown or university areas. Figure 13: Illustrative Scale and Character Chapter 20.02: Zoning Districts20.02.020 Residential Zoning Districts Bloomington, Indiana – Unified Development Ordinance 28 Adoption Date: January 14, 2020 Effective Date: TBD Dimensional Standards The following table is a summary of the district-specific dimensional standards. Additional standards from Section 20.04.010(Dimensional Standards) also apply. Table 02-8: RH District Dimensional Standards Lot Dimensions (Minimum, only for lots created after the effective date) Multifamily Dwelling Single-Family, Duplex, Triplex, or Fourplex Dwelling A Lot area 5,000 square feet (0.115 acres) R4 district standards apply B Lot width 50 feet Building Setbacks (Minimum) C Front 15 feet R4 district standards apply Attached front-loading garage or carport 25 feet [1] D Side 10 feet [2] E Rear 10 feet [2] Other Standards Front parking setback (minimum) 20 feet behind the primary structure’s front building wall R4 district standards apply Impervious surface coverage (maximum) 65% Landscape area (minimum) 35% F Primary structure height (maximum) 5 stories, not to exceed 63 feet [2] [3] Accessory structure height (maximum) 20 feet Notes: [1] Or equal to the setback of the primary structure, whichever is greater. [2] Buildings abutting a property in the RE, R1, R2, R3, or R4 zoning district shall comply with the standards in Section 20.04.070(d)(5) (Neighborhood Transition Standards ). [3] See Section 20.04.110 (Incentives) for alternative standards. Figure 14: RH Dimensional Standards 99 | 19RFP: Review and Amendments to the Unified Development Code AURORA - BOULDER - DENVER, COLORADO Regional AI and Consolidated Plans One of our team’s most memorable studies, due to the community engagement component, is the Analysis of Fair Housing Choice for the cities of Denver and Aurora. We held two community meetings to celebrate the region’s diversity and gather input on how to address the complexities of housing challenges. These events were held in racially and ethnically concentrated areas, offered interpretation in seven languages, and incorporated food, dancing, music, and housing resource discussions into the programming. The videos below capture highlights from those meetings. HOWARD COUNTY, MARYLAND New Land Development Code Assessment Although geographically the smallest county in Maryland, Howard County is located on the strategic Baltimore- Washington corridor and absorbs much of the growth in central Maryland. In the 1960s and 1970s, master developer Jim Rouse made headlines by choosing Howard County as the site for the brilliantly conceived new town of Columbia, Maryland – still one of the most successful examples of new town planning in the United States. In 2017, Clarion Associates was retained to lead Phase 1 of an ambitious effort to develop the first new development code for the county in many decades. After extensive outreach and engagement with the many diverse stakeholder groups in Howard County, Clarion Associates produced a Diagnosis and Annotated Outline that identified strengths and weaknesses and a user-friendly structure for the new regulations. The Phase 1 document was accepted by Howard County in early 2018, and Clarion Associates was then awarded Phase 2 of the contract – the drafting of the new current land use regulations. One key challenge will be the need to sustain Jim Rouse’s visionary approach to the urbanized (but still unincorporated) Columbia area while allowing flexibility to respond to innovative development approaches. Additional challenges will include streamlining administration of development approvals and enforcement, refocusing development approaches along the busy Route 1 and Route 40 corridors, and balancing pressures for agricultural production and residential development in rural portions of Howard County. The project is scheduled to be completed in 2021. REFERENCE Amy Gowan Deputy Director of Planning and Zoning 410-313-4340 agowan@howardcountymd.gov HOME BIGGER THAN HOUSES – EASTSIDE HTTPS://VIMEO.COM/259219978 HOME BIGGER THAN HOUSES – WESTSIDEHTTPS://VIMEO.COM/257041888 100 20 Bozeman, Montana BOULDER, COLORADO Middle Market Housing Study For the City of Boulder, Heidi Aggeler and Mollie Fitzpatrick examined trends in the affordability of attached housing products relative to single family detached units. In addition to a comprehensive analysis of historical sales records, we conducted in-person interviews with developers of attached housing products—both rental and for sale—to understand the key challenges of building affordable housing in Boulder. We also created pro formas to measure development costs of various attached products now and in 15 years (see figure at right). This study also involved a forecast of the product types that would no longer be affordable to moderate income households if price increases continue, as well as an analysis of the City’s downpayment assistance policy to determine if increasing the amount would expand options for purchase. The studies we have completed for Boulder can be accessed here: https://bouldercolorado.gov/housing-boulder/housing-data-challenges. FORT COLLINS, COLORADO Land Use Code Audit Clarion Associates led a multidisciplinary team that in a major effort to update the City’s City Plan (comprehensive plan), Transportation Master Plan, and Strategic Transit Plan. A key objective of this effort was to incorporate a range of new programs, goals, and efforts begun by the City of Fort Collins since the plans were last updated in 2011, including the City’s ambitious goal to be carbon neutral by 2050. Five areas of focus emerged from a robust community and stakeholder engagement process: making the most of the land Fort Collins has left; taking steps to support a healthy and resilient economy; encouraging more housing options; expanding transportation and mobility options; and maintaining a focus on climate action. The updated plan was unanimously adopted in April 2019. Following adoption, Clarion conducted an audit of the Land Use Code (LUC) to help City staff understand regulatory strengths, weaknesses, and opportunities in the context of the updated plan. Key element of the audit included an overall review of the Land Use Code to identify broad areas where standards and processes fail to promote or are out of alignment with the updated plan. A specific focus was placed on opportunities to remove barriers within the LUC to help support City Plan priorities related to: • Housing diversity and affordability • Transit-oriented development and mixed-use • Evolving employment needs • Nature in the City The LUC Audit is being used by City staff to guide incremental Land Use Code revisions and other implementation strategies. 101 | 21RFP: Review and Amendments to the Unified Development Code Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter Clarion Associates, LLC Clarion Associates, LLC Don Elliott, FAICP, Director AFFIRMATION OF NONDISCRIMINATION AND EQUAL PAY 102 22 Bozeman, Montana APPENDIX • Project Team Resumes 103 Don Elliott is a Director in Clarion’s Denver office. Don’s practice focuses on plan implementation, zoning, development regulations, affordable housing, fair housing, and international urban development. Prior to joining Clarion, he was Project Director for the Denver Planning and Community Development Office. Don has also advised numerous local governments in Russia on land use issues, served as Democracy and Governance Advisor for USAID in Uganda, completed research projects on planning and slum upgrading issues in India, and drafted zoning regulations for Ulaanbaatar, Mongolia. He is the author of A Better Way to Zone (Island Press, 2008), and co-author of The Rules That Shape Urban Form (APA 2012) and The Citizens Guide to Planning (APA 2009), and has served as the editor of Colorado Land Planning and Development Law for over 25 years. Mr. Elliott is a member of the Denver Planning Board and teaches a graduate course in Land Development Regulations at the University of Colorado at Denver College of Architecture and Planning. Representative Major Projects • Integrated Development Ordinance | Albuquerque, NM • Consolidated Zoning/Subdivision Ordinance | Indianapolis, IN • New Zoning Code | Philadelphia, PA • Zoning Code Revision | Detroit, MI • Zoning By-Law Revision | Winnipeg MB, Canada • Zoning Ordinances | Kalamazoo MI, Columbia MO, Lake Havasu City AZ, Bainbridge Island WA, Rochester MN, Fairfax County VA, Brunswick ME, Ann Arbor MI • Development Codes | Fort Wayne/Allen County IN, Lake Oswego OR, Hillsboro OR, Bloomington IN, Aurora CO • Hybrid Codes | Youngstown OH, Duluth MN, Dublin OH, Hamilton OH, Albany NY • Affordable / Fair Housing Regulatory Review | State of Idaho, State of Nevada, State of Texas, State or Oregon, Anchorage AK • Redevelopment Effectiveness Assessment | Long Beach CA • Land Use Regulatory Reform Strategy | Indonesian local governments • Design of Land Privatization System | Russian Local Governments • Review of Master Plan | Delhi, India DON ELLIOTT, FAICP Director Education Harvard J.F.K. School of Government Master of City and Regional Planning Harvard Law School Juris Doctor, Cum Laude Yale University Bachelor of Science Summa Cum Laude Harvard/MIT Joint Center for Urban Studies Nathaniel Rogg Fellowship Professional History Clarion Associates of Colorado, LLC Director USAID, Kampala, Uganda Democracy and Governance Advisor Planning and Development Collaborative Real Estate Attorney City and County of Denver Downtown Zoning and Gateway Projects Professional Associations American Institute of Certified Planners (FAICP) Fellow American Planning Association: Former President of Colorado Chapter Former Chair of Planning/Law Division Drake University Sustainable Development Code Advisory Board American, Colorado, and Denver Bar Associations Member Denver Planning Board Member 104 Jenny Baker is an Associate in Clarion’s Denver office. Previously a current land use planner in Missoula, Montana, she brings several years of experience with implementation of land use codes and regulations. As Missoula’s senior planner, she handled complex land use requests including subdivisions, zoning amendments, special uses and annexations. Prior to her experience in the planning field, she spent 10 years with the American Red Cross and FEMA’s Region V, focusing on resiliency planning, and responding to over 50 disasters around the US. Her areas of interest include sustainable transportation, housing affordability and historic preservation. She brings considerable expertise with community engagement, writing and public speaking. Representative Major Projects • Clark County Comprehensive Plan & Code Rewrite | Clark County, NV • Eagle County Land Use Regulations Rewrite | Eagle County , CO • Hazard Mitigation & Development Reallocation Strategies | Hawai’i County, HI • McKinney TX Code Rewrite | McKinney, TX • Albany NY Sign Code Rewrite | Albany, NY JENNY BAKER Associate Education University of Illinois at Chicago Chicago, IL Master’s in Urban Policy & Planning University of Pennsylvania Philadelphia, PA Bachelor of Arts in French Language & Literature Professional History Clarion Associates, LLC Associate, 2020 - Present City of Missoula Development Services Planner III, 2016 - 2020 Participatory Budgeting Project Research Assistant, 2013 - 2015 Community/Professional Involvement Vice Chair, Bicycle & Pedestrian Advisory Board, Missoula, MT 105 Jenny Baker is an Associate in Clarion’s Denver office. Previously a current land use planner in Missoula, Montana, she brings several years of experience with implementation of land use codes and regulations. As Missoula’s senior planner, she handled complex land use requests including subdivisions, zoning amendments, special uses and annexations. Prior to her experience in the planning field, she spent 10 years with the American Red Cross and FEMA’s Region V, focusing on resiliency planning, and responding to over 50 disasters around the US. Her areas of interest include sustainable transportation, housing affordability and historic preservation. She brings considerable expertise with community engagement, writing and public speaking. Representative Major Projects • Clark County Comprehensive Plan & Code Rewrite | Clark County, NV • Eagle County Land Use Regulations Rewrite | Eagle County , CO • Hazard Mitigation & Development Reallocation Strategies | Hawai’i County, HI • McKinney TX Code Rewrite | McKinney, TX • Albany NY Sign Code Rewrite | Albany, NY JENNY BAKER Associate Education University of Illinois at Chicago Chicago, IL Master’s in Urban Policy & Planning University of Pennsylvania Philadelphia, PA Bachelor of Arts in French Language & Literature Professional History Clarion Associates, LLC Associate, 2020 - Present City of Missoula Development Services Planner III, 2016 - 2020 Participatory Budgeting Project Research Assistant, 2013 - 2015 Community/Professional Involvement Vice Chair, Bicycle & Pedestrian Advisory Board, Missoula, MT Elizabeth Garvin is the Community ReCode Founding Principal and she works in the Denver office. Elizabeth is both an attorney and a planner and she has practiced in both disciplines. She has prepared both traditional and FBC/hybrid code update projects for cities, towns, and counties across Colorado and the country; drafted topic-specific code provisions covering issues such as ADUs, sustainability, and signs; served as an expert witness on land use issues; and organized and undertaken numerous code-related public participation processes. Prior to founding Community ReCode, Elizabeth was the Planning Director for SAFEbuilt Studio, practiced law with Spencer Fane, and worked as a senior staff member at Clarion Associates. Ms. Garvin is a frequent speaker and author on planning and regulatory topics, including serving as an advisory board member for the Rocky Mountain Land Use Institute as well as RMLUI’s legal columnist to the Western Planner. Recently, Elizabeth co-authored the April 2018 APA Zoning Practice article entitled Living with Form-Based Codes and presented on the same topic at the 2018 APA National Conference in New Orleans. She was a co-presenter at the Bettman Symposium on Equity and Zoning at the 2019 APA National Conference. Elizabeth’s sample regulatory projects include:  Pasco, Washington, Development Code Assessment and Sign Code Update (current)  Billings and Yellowstone County, Montana, Zoning Code Updates (hybrid code, City in adoption early 2021 and County adopted late 2020)  Cedar Falls, Iowa, Downtown Vision Plan and Zoning Code Update (hybrid code, starting adoption early 2021)  Larimer County, Colorado, Land Use Code update (current, with Clarion Associates)  Parker, Colorado, Land Use Code update (current, with Clarion Associates)  Branson, Missouri, Unified Development Code and Sign Code 2019 Missouri APA Outstanding Implementation Project  Mancos, Colorado, Land Use Code Update  Cedar Rapids, Iowa, Unified Development Code and User’s Guide 2019 Iowa APA Outstanding Project  Garfield County, Colorado, Targeted Development Code Updates  Gilbert, Arizona, Use Standards Analysis Elizabeth earned all of her degrees – Juris Doctor, Master of Urban Planning, and BA in Environmental Studies - at the University of Kansas. Go Jayhawks. She is a licensed attorney in Missouri and Kansas and is charrette certified through the National Charrette Institute. Elizabeth is FAICP-eligible, but finds the paperwork rather daunting. ELIZABETH GARVIN, ESQ 106 8 Heidi Aggeler, Root Policy Research, Managing Director EEdduuccaattiioonn:: M.P.A., Policy Analysis, Humphrey Institute, University of Minnesota, 1997 B.A., Accounting, University of Utah, 1992 PPrrooffiillee ooff ssiimmiillaarr pprroojjeeccttss  Boulder County, Colorado Strategic Plan Facilitation. Heidi was recently asked to facilitate a strategic planning process with city/county staff and housing authorities in Boulder County to develop joint housing solutions. She facilitated discussions in two workshop sessions, which provided the foundation for the first county-wide, collaborative housing plan.  City of Westminster Housing Strategy. This six month process brought together city department representatives from economic development/housing, code enforcement, public safety, legal, and finance; local advocates; and representatives from the residential development field, to consider a wide variety of potential strategies to increase housing affordability and housing choice. The committee met monthly and together produced recommendations that were adopted by City Council and became the basis for the housing department’s five-year workplan.  Baltimore Regional Zoning Barriers Review. In the Baltimore region, Heidi analyzed the zoning and land use code of five municipalities to identify barriers to inclusive housing development. The included analyzing the amount and location of land zoned to accommodate multifamily and middle-market products; determining affordable rentals that had been created by zoning district; and assessing discriminatory effects of jurisdictional application of state-allowed Adequate Public Facilities Ordinances (APFOs), which govern the allocation of building permits.  Las Cruces, New Mexico Housing Needs Strategic Plan and Best Practices Analysis. Heidi assisted the City of Las Cruces’ Ad Hoc Committee on Affordable Housing develop recommendations for better addressing the city’s housing needs. The study involved a comprehensive analysis of best practices in other communities covering housing trust funds, inclusionary zoning, shared equity models, land trusts, land banking, and zoning reforms.  Denver Zoning Incentives study. Heidi is currently leading a project with Community Planning and Development in the City and County of Denver to examine the feasibility and effectiveness of private sector density bonuses in producing affordable housing. Our team is researching best practices in peer cities; building development pro formas to explore the feasibility of a variety of incentives beyond base building heights; and modeling incentive outcomes by household Area Median Income (AMI) and household size. Heidi Aggeler started her research and consulting career as an economic analyst at the Federal Reserve and an auditor for the Federal Deposit Insurance Corporation (FDIC). She joined her former firm in 1999, became a partner in 2002, a Managing Director in 2006, and started Root Policy Research in 2018. Heidi has been managing housing research projects since 1999, and has overseen completion of more than 50 housing market studies. Heidi is also frequently hired to assist communities with strategic plans to achieve housing balance. 107 EXPERIENCE Groundprint, LLC Owner/Principal - November 2016 to Present • Planner on interdisciplinary teams for residential, commercial & mixed-use projects • Focus on serving cities and non-profits including Downtown Bozeman Partnership, Human Resource Development Council (HRDC) and Trust for Public Land (TPL) • Land use consulting with an emphasis on the entitlement process and code anaysis • Master planning and neighborhood planning • Urban design services • Code writing and editing Intrinsik Architecture, Inc. Senior Planner - January 2007 to June 2015 • Provided planning consulting and project management for residential, commercial and mixed-use projects (both subdivision and zoning) • Competed site analysis and feasibility studies • Initiated Zone Map/Text Amendments and Growth Policy changes • Developed neighborhood and park master planning and design • Generated, edited and implemented neighborhood design review programs City of Bozeman Associate Planner - September 2001 to December 2006 • Project planner for residential subdivisions and large-scale commercial developments • Administrative Design Review Staff for entryway corridor and historic district projects • Planner for establishment of Tax Increment Financing (TIF) District for North 7th (now Midtown) Urban Renewal District • Generated, edited and implemented long-range planning documents and Staff Handbook • Assisted the public in analyzing and interpreting local ordinances and state statutes • Completed illustrations as an appendix to zoning regulations to improve public relations EDUCATION University of Virginia School of Architecture, Bachelor of Arts in Urban & Environmental Planning, 2001 • American Planning Association Award, Virginia Chapter, 2001 PROFESSIONAL AFFILIATIONS American Institute of Certified Planners (AICP) No. 021407 American Planning Association (APA) Montana Association of Planners (MAP) COMMUNITY VOLUNTEER EXPERIENCE Gallatin County Planning Board, Member 2009-2011 North 7th Avenue Urban Renewal Board (NSURB), Member 2008-2012 Community Builders "Building Better Places," Gallatin County Team Member 2020 SUSAN RIGGS, AICP Groundprint, LLC 280 W Kagy Blvd Std D #236 Bozeman Montana 59715 406.579.5844 sriggs@groundprint.com www.groundprint.com planning urban design groundprint 108 28 Bozeman, Montana Planning | Zoning & Land Use | Real Estate | Sustainability & Resiliency 109 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Engineer III - Water Shawn Kohtz, City Engineer Mitch Reister, Public Works Director SUBJECT:Authorize the City Manager to Sign an Amendment One to the Professional Services Agreement with HDR Engineering, Inc. for Final Design, Equipment Procurement, Bidding, and Construction Administration Services for the Bozeman Water Reclamation Facility Solids Handling Building Project MEETING DATE:March 2, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign an amendment one to a professional services agreement with HDR Engineering, Inc. for design, equipment procurement, and construction administration services for the Bozeman Water Reclamation Facility Solids Handling Building Project. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Bozeman Water Reclamation Facility (WRF) Solids Handling Building Project will expand the capacity of the solids handling process at the WRF through the installation of a new solids screw press and building expansion to a house sludge conveyor and sludge haul trucks. The project also includes the addition of a new headworks screen within the original headworks building to provide screening capacity for large materials entering the WRF to protect downstream finer screens within the new headworks building. The project is necessary to add capacity and redundancy to the existing headworks and solids handling processes to support increased influent flows related to population growth. Amendment 1 to the Professional Services Agreement (PSA) attached hereto provides professional engineering services for final design, equipment procurement, bidding, and construction administration services. The new screw press and headworks screen will be independently procured by the City and provided to the general contractor awarded a construction contract upon completion of project bidding. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. 110 FISCAL EFFECTS:The negotiated fee for this Amendment 1 to the PSA totals $129,997, which when added to the original PSA fee of $207,100 amounts to a total engineering fee of $337,097 for the project. Project costs are funded through CIP Project WW49 (FY2019 & FY2021), Project WW76 (FY2021) and Project WW110 (FY2022), which when summed provide a total funding amount of $3,125,000. The remaining amount of $2,787,903 is allocated to fund equipment procurement and construction. The engineers estimate for the project base bid and equipment costs total $2,642,121, which is under the remaining amount allocated to cover these costs. Sufficient funding is available to cover Amendment 1, equipment procurement, and estimated construction costs. Attachments: WRF Solids Handling Amendment 1 to PSA with HDR.pdf Report compiled on: February 12, 2021 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 Memorandum REPORT TO:City Commission FROM:Shawn Kohtz, City Engineer Mitch Reister, Public Works Director Kirstin Donald, Finance Director SUBJECT:Resolution 5258, Requesting Distribution of Bridge and Road Safety and Accountability Program Fees MEETING DATE:March 2, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:Approve Resolution 5258, requesting distribution of Bridge and Road Safety and Accountability Program Fees. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND: HB 473, passed by the 65th Legislature and signed by Governor Bullock on May 3, 2017, provides for a graduated increase in the motor fuel tax by fiscal year 2023 (6 cents in gasoline/2 cents in diesel). Each fiscal year, 35% or $9.8 million of the proceeds (whichever is greater) is allocated to the Montana Department of Transportation (MDT) and the remainder (approximately $21 million by FY2021) is allocated to local governments through a new a Bridge and Road Safety and Accountability Program (BaRSAA). The allocation of the motor fuel tax revenues refers to the MDT calculation of and notification to local governments of the amounts available for each entity on an annual basis. Under HB 473, MDT will begin to assess the new tax on July 1, 2017. Fuel that is distributed in a month is reported to MDT on the 25th of the following month, and the tax on that fuel is then collected 5 days later. Therefore, the first allocation of funds by MDT on March 1, 2018 will consist of the additional motor fuel tax revenues collected for July- October, 2017 (“FY2018 BaRSAA funds”). Every year thereafter, the allocation will consist of a full 12 months of collections. MDT will allocate the collected funds to cities, towns, counties, and consolidated city-county governments using the same ratios used to 128 distribute existing motor fuel tax revenues to local governments through the highway restricted account as set forth in Section 15-70-101(2)(b), (2)(c), and (3), MCA. The new funds will be held in a separate BaRSAA account until distributed. The distribution of BaRSAA funds refers to the actual disbursement of allocated or reserved BaRSAA funds from MDT to local governments. Local governments must match all distributions from the BaRSAA account with a minimum 5% funding match. MDT is using the WebGrants online application system to accept requests for distribution of BaRSAA allocations by local governments. This system will allow for electronic entry of the information necessary for the distribution of funds to local governments. A request for the distribution of funds must include: 1. The amount of funding sought (up to but not exceeding the amount allocated for that year and any prior years’ reservations); 2. Copy of an adopted resolution to request and accept the funding by the governing body, identifying the source of the matching funds for the distribution; and 3. Description of the project or projects to be funded. This resolution is our request as outlined in number 2 and 3 above to receive our funding for the project outlined in the Capital Improvement Plan and adopted in the fiscal year 2020 budget. We have selected the following project: SIF113 Griffen (7th to Rouse)- CONSTRUCTION Construction west of Griffen corridor improvements from North 7 th to Rouse to an urban minor arterial standard. Designed improvements will improve level of service at the key intersections and will increase capacity in the corridor as a whole. Connectivity already exists at this location, it is capacity which is being expanded. Future developments which impact this intersection area may not be allowed to proceed until improvement as are in place. Functionality of the network at large is dependent on this element functioning as intended. The project estimated cost is $1,500,000 with $864,776.39 covered by BaRSAA funding and $635,223.10 funded through Street Impact Fees and 129 Arterial and Collector District assessments. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The funds will be requested and spent on the project as outlined in the Capital Improvement Plan and approved in the Fiscal Year 2021 Budget. The project estimated cost is $1,500,000 with $864,776.39 covered by BaRSAA funding and $635,223.10 funded through Street Impact Fees and Arterial and Collector District assessments. . Attachments: Resolution 5258 Distribution Gas Tax.docx 01-08-21 MDT ltr to CC re fuel tax allocation.pdf Report compiled on: February 12, 2021 130 COMMISSION RESOLUTION NO. 5258 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. REQUESTING DISTRIBUTION OF BRIDGE AND ROAD SAFETY AND ACCOUNTABILITY PROGRAM FUNDS WHEREAS, the Bridge and Road Safety and Accountability Account created by HB 473 requires the Montana Department of Transportation to allocate accrued funds to cities, towns, counties, and consolidated city-county governments for construction, reconstruction, maintenance, and repair of rural roads, city or town streets and alleys, bridges, or roads and streets that the city, town, county, or consolidated city-county government has the responsibility to maintain; and, WHEREAS, a city, town, county, or consolidated city-county government that requests funds under the Bridge and Road Safety and Accountability Account must match each $20 requested with $1 of local government matching funds; and, WHEREAS, a city, town, county, or consolidated city-county government requesting distribution of allocated funds may make such a request to the Department of Transportation between March 1 and November 1 of the year the funds were allocated; and, WHEREAS, a description of the projects to be funded are detailed in Appendix A; and, WHEREAS, the local match for the allocated funds has been budgeted from Street Arterial Construction Fund and the Street Impact Fee Fund NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: 1. City of Bozeman requests distribution of its share of the allocated Bridge and Road Safety and Accountability funds to be used for the projects identified in Appendix A. 2.That Kristin Donald, the City Finance Director is hereby empowered and authorized to execute such further documents as may be necessary to facilitate the distribution of said funds. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 23rd day of February 2021. 131 Resolution 5258 Distribution HB473 Request Page 2 of 3 ________________________________ CYNDY ANDRUS Mayor ATTEST: _________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 132 Resolution 5258 Distribution HB473 Request Page 3 of 3 Appendix A SIF113 Griffen (7th to Rouse)- CONSTRUCTION Construction west of Griffen corridor improvements from North 7th to Rouse to an urban minor arterial standard. Designed improvements will improve level of service at the key intersections and will increase capacity in the corridor as a whole. Connectivity already exists at this location, it is capacity which is being expanded. Future developments which impact this intersection area may not be allowed to proceed until improvement as are in place. Functionality of the network at large is dependent on this element functioning as intended. The project estimated cost is $1,500,000 with $864,776.39 covered by BaRSAA funding and $635,223.10 funded through Street Impact Fees and Arterial and Collector District assessments. 133 134 135 Memorandum REPORT TO:City Commission FROM:Chuck Winn, Assistant City Manager SUBJECT:Resolution 5264, Authorizing Prime Change Order #8 with Langlas and Association for Construction of the Bozeman Public Safety Center MEETING DATE:March 2, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5264, authorizing Prime Change Order #8 with Langlas and Association for construction of the Bozeman Public Safety Center. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:On July 27, 2020, the City Commission approved the Guaranteed Maximum Price Amendment for Construction of the Bozeman Public Safety Center as a part of the General Construction/Construction Manager agreement. This amendment contains provisions for altering the conditions of the agreement as authorized by the owner (City). The Safety Center budget contains both owner and contractor contingencies to address unforeseen conditions, scope gaps, and owner requested changes. While every reasonable attempt was made to include everything in the original project plans and specs, projects of this size and complexity require changes during construction. The changes included in this request are reasonable and are within existing contingency amounts and overall project budget as authorized by the City Commission. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The net amount identified in Change Order #8 is within the approved contingency amounts and authorized project budget. Attachments: Resolution 5264.docx BPSC Job No. 19426 Prime CO #8_signed STL.pdf 19426 Change Estimate Log 11.30.20.pdf Report compiled on: February 18, 2021 136 Version April 2020 RESOLUTION 5264 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, WHEREAS,the City Commission did, on July 27, 2020, authorize award of the Guaranteed Maximum Price (GMP) Amendment for Construction of the Bozeman Public Safety Center with Langlas and Associates; and WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such alterations for modification of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations and modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alternates to the GMP Amendment for Construction of the Bozeman Public Safety Center, as contained in Change Order #8, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature. 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: 137 Version April 2020 ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 138 139 Date: 11/30/2020 Initial Contract Amount 238,788.00 $ Previously Approved CE's 36,236,855.48 $ Current Contract Sum 36,475,643.48 $ Current Proposed CE's 38,673.68 $ Pending CE's 50,781.27 $ = P e n d i n g Potential New Contract Sum 36,526,424.75 $ = C u r r e n t C O P r o p o s e d = P r e v i o u s l y a d d r e s s e d o r a g r e e d u p o n c h a n g e i t e m . Starting Construction Contingency -$ RO M = R o u g h O r d e r o f M a g n i t u d e Pr e v i o u s l y A p p r o v e d C h a n g e s t o C o n s t r u c t i o n C o n t i n g ency (888,695.00) $ Pending Changes to Construction Contingency 120,444.30 $ Potential Contingency Remaining (768,250.70) $ CE # R e l a t e d D o c u m e n t Pr i m e CO # De s c r i p t i o n Pr o p o s e d Ad d i t i o n t o Co n t r a c t A m o u n t Pr o p o s e d Re d u c t i o n t o Co n s t r u c t i o n Co n t i n g e n c y Approved Amount 1 Co B P e r m i t N o . 2 8 7 0 1 1 P r o v i d e d e m o l i t i o n p e r m i t f e e s b y C o n t r a c t o r . P r e vi o u s l y l i s t e d " b y O w n e r " . 2, 0 0 9 . 5 7 $ 2,009.57 $ 2 RT I I n v o i c e 1 9 - 4 7 7 9 1 Pr o v i d e H a z a r d o u s M a t e r i a l S u r v e y a n d S a m p l e T e s t i n g. P r e v i o u s l y l i s t e d " b y O w n e r " . 5, 2 2 5 . 2 4 $ 5,225.24 $ 3 RT I I n v o i c e 1 9 - 4 8 2 3 2 Pr o v i d e H a z a r d o u s M a t e r i a l A i r C l e a r a n c e T e s t i n g . T es t i n g p r e v i o u s l y " b y O w n e r " . 2, 5 3 7 . 2 5 $ 2,537.25 $ 4 EW A # 1 A 3 Re m o v e b u r i e d f o u n d a t i o n e l e m e n t s b e l o w B u i l d i n g " H ", d e e m e d a s u n f o r e s e e n c o n d i t i o n s 1, 2 7 0 . 1 4 $ 1,270.14 $ 5 EW A # 2 A 3 Co n c r e t e a n d A s p h a l t M a t e r i a l C r u s h i n g , T e s t i n g a n d S u r v e y 78 , 6 8 5 . 2 6 $ 78,685.26 $ 6 EW A # 3 4 Ro u s e A v e n u e U t i l i t i e s E a r l y W o r k 12 1 , 7 4 7 . 6 7 $ 121,747.67 $ 7 EW A # 3 T & M W o r k 5 Mi s c e l l a n e o u s T i m e a n d M a t e r i a l W o r k D u r i n g E W A 3 ( NW E P r e p , I n s u l a t e W a t e r M a i n , e t c . ) 32 4 . 2 3 $ 324.23 $ 8 EW A # 4 S i t e w o r k P a c k a g e 5 Ea r l y S i t e w o r k P a c k a g e C o n t r a c t A w a r d s a n d G e n e r a l Co n d i t i o n s 3, 0 7 3 , 3 4 8 . 3 5 $ 3,073,348.35 $ 9 L. E v a n s E - m a i l 0 5 . 0 5 . 2 0 7 So i l R e m o v a l a n d R e p l a c e m e n t i n S o f t A r e a s i n S o u t h W e s t P a r k i n g L o t A r e a 3, 7 8 1 . 0 6 $ 3,781.06 $ 10 S. H o l t E - m a i l 0 5 . 1 9 . 2 0 7 Ha n d C o m p a c t i o n o f C u r b S u b b a s e a n d B a s e D u e t o C o n fl i c t w i t h N W E G a s L i n e 3,795.74 $ 11 AS I 0 0 3 7 In c r e a s e i n S t o r m D r a i n P i p e d u e t o D e s i g n D e v e l o p m en t 1, 8 0 8 . 2 0 $ 1,808.20 $ 12 L. E v a n s E - m a i l 0 7 . 0 9 . 2 0 7 So i l R e m o v a l a n d R e p l a c e m e n t i n S o f t A r e a s o n W e s t Dr i v e a n d N o r t h P a r k i n g L o t A r e a s 10 , 4 7 6 . 0 3 $ 10,476.03 $ 13 GM P E x h i b i t N o . 1 GM P Ad d B u i l d i n g P a c k a g e s t o C o n t r a c t f o r G u a r a n t e e d M a xi m u m P r i c e 32 , 9 1 2 , 5 4 9 . 3 0 $ ( 8 8 8 , 6 9 5 . 0 0 ) $ 3 2 , 9 1 2 , 5 4 9 . 3 0 $ 14 PR 0 1 De c o r a t i v e F e n c i n g V E No t A c c e p t e d 15 PR 0 2 M o d i f i c a t i o n s t o S i t e W o r k f r o m E W A 4 t o F i n a l D e s i g n 2, 3 2 9 . 1 8 $ 16 a Ad d e n d u m 4 8 Bu i l d i n g P e r m i t R e v i e w C o m m e n t C h a n g e s - S t r u c t u r a l R e v i s i o n s 41 , 1 6 3 . 2 1 $ 16 b Ad d e n d u m 4 B u i l d i n g P e r m i t R e v i e w C o m m e n t C h a n g e s 17 GC / C M A g r e e m e n t § 1 1 . 3 7 Bu i l d e r ' s R i s k I n s u r a n c e 75,404.91 $ 18 PC O 1 , 2 , 3 7 EW A P e r m i t t i n g a n d T e s t i n g F e e s n o t i n c l u d e d w i t h G MP 11,724.21 $ 19 Se c t i o n 0 7 7 2 0 0 ; A d d e n d u m 1 F a l l P r o t e c t i o n A n c h o r s 29,519.45 $ 20 Al t e r n a t e 8 7 S a v i n g s t o S p l i t S o l a r P V f r o m E l e c t r i c a l S u b c o n t r ac t o r (9 , 0 3 4 . 6 7 ) $ (9,034.67) $ 21 Bu i l d i n g R e - B i d 0 8 / 0 7 / 2 0 7 C o n t r a c t R e - B i d B i d P a c k a g e s (7 , 9 7 3 . 9 5 ) $ (7,973.95) $ 22 Ad d e n d u m 5 / P R 0 3 & 0 3 . 1 7 Ad d i t i o n a l S a n i t a r y W a s t e P l u m b i n g a n d B a c k w a t e r V a lv e R e s u l t i n g f r o m B u i l d i n g P e r m i t R e v i e w 37 , 1 5 1 . 7 0 $ 37,151.70 $ 23 PR 0 4 8 Re p l a c e K S - 3 F a u c e t s i n F a m i l y C a r e 1 0 0 F & K i t c h e n e tt e 1 0 5 A w i t h T o u c h - F r e e K S - 4 F a u c e t s 59 5 . 4 7 $ 24 RF I 0 2 3 7 In s u l a t i o n C o v e r P r o t e c t i o n O v e r S a n d O i l S e p a r a t o r V a u l t a n d I n l e t P i p e 2, 9 5 0 . 1 2 $ 2,950.12 $ 25 RF I 0 2 4 Re d u c t i o n o f E m b e d S t u d s 26 Bu i l d i n g R e - B i d 0 8 / 0 7 / 2 0 C o n t r a c t R e m a i n i n g B i d P a c k ag e A l l o w a n c e s 27 RF I 0 3 3 Em b e d P l a t e s a t B o t t o m o f A l l B r a c e F r a m e F o o t i n g s 48 , 4 5 2 . 0 9 $ 28 RF I 0 2 0 8 Fo u n d a t i o n W a l l T h i c k n e s s C h a n g e a t S t a i r 3 A l c o v e 66 1 . 4 3 $ 29 AS I 0 1 0 8 Re v i s e d F o u n d a t i o n W a l l H i e g h t a t A r e a A 68 4 . 2 0 $ 30 AS I 0 1 6 8 PD O p e n O f f i c e E l e c t r i c a l a n d T e c h n o l o g y R e v i s i o n s 4, 5 1 6 . 6 8 $ 31 RF I 0 6 7 M o d i f y F i t n e s s S t o r a g e R o o m D o o r s w i t h L o u v e r G r i l l e s 32 RF I 0 3 9 b / P R 0 6 W a l l & C a s e w o r k M o d i f i c a t i o n s i n O p en O f f i c e 1 1 0 33 PR 0 5 8 Ce i l i n g a n d E l e c t r i c a l R e v i s i o n s 2, 1 7 0 . 3 3 $ Pending landscape and permanent fencing pricing. Pending review from ThinkOne Pending review from ThinkOne Inadvertently not included with GMP document. ROM Ch a n g e E s t i m a t e L o g Pr o j e c t N a m e : Bo z e m a n P u b l i c S a f e t y C e n t e r Jo b N u m b e r : 1 9 4 2 6 Comments Tracked T&M. Tracked T&M. Approved by C.Winn via phone call 06/04 with L.Cant rell Closed 11.19.20 OAC. Savings $26,115.98. 10 1 9 E . M a i n S t . S t e . # 1 0 1 B o z e m a n , M T 5 9 7 1 5 P h : 4 0 6 - 5 8 5 - 3 4 2 0 F a x : 4 0 6 - 5 8 5 - 4 1 1 0 140 34 Bu i l d i n g P e r m i t S c h e d u l e E x t e n s i o n f o r P e r m i t R e v i e w D e l a y 35 RF I 0 4 2 / A S I 0 1 9 A r e a A a n d D E n t r y F o o t i n g C h a n g e s 36 An o d i z e d A l u m i n u m V E 8 Re v i s e A l u m i n u m S t o r e f r o n t , C u r t a i n w a l l , A u t o m a t i c Sl i d i n g E n t r a n c e s a n d W i n d o w s t o A n o d i z e d (1 1 , 1 1 7 . 6 5 ) $ 37 Sh e e t L - 0 0 2 N o t e 2 D r i l l i n g o f I r r i g a t i o n W e l l 38 RF I 0 5 7 39 40 TO T A L S 36 , 3 2 6 , 3 1 0 . 4 4 $ (7 6 8 , 2 5 0 . 7 0 ) $ 36,236,855.48 $ Drilling of the well not included in GMP. Reserve costs for future discussion and evaluation of schedule. 10 1 9 E . M a i n S t . S t e . # 1 0 1 B o z e m a n , M T 5 9 7 1 5 P h : 4 0 6 - 5 8 5 - 3 4 2 0 F a x : 4 0 6 - 5 8 5 - 4 1 1 0 141 Memorandum REPORT TO:City Commission FROM:Chuck Winn, Assistant City Manager SUBJECT:Resolution 5265, Authorizing Prime Change Order #9 with Langlas and Associates for Construction of the Bozeman Public Safety Center MEETING DATE:March 2, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5265, Authorizing Prime Change Order #9 with Langlas and Associates for construction of the Bozeman Public Safety Center. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:On July 27, 2020, the City Commission approved the Guaranteed Maximum Price Amendment for Construction of the Bozeman Public Safety Center as a part of the General Construction/Construction Manager agreement. This amendment contains provisions for altering the conditions of the agreement as authorized by the owner (City). The Safety Center budget contains both owner and contractor contingencies to address unforeseen conditions, scope gaps, and owner requested changes. While every reasonable attempt was made to include everything in the original project plans and specs, projects of this size and complexity require changes during construction. The changes included in this request are reasonable and are within existing contingency amounts and overall project budget as authorized by the City Commission. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The net amount identified in Change Order #9 is within the approved contingency amounts and authorized project budget. Attachments: Resolution 5265.docx BPSC Job No. 19426 Prime CO #9_CLB signed.pdf 19426 Change Estimate Log 01.14.21.pdf Report compiled on: February 18, 2021 142 Version April 2020 RESOLUTION 5265 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, WHEREAS,the City Commission did, on July 27, 2020, authorize award of the Guaranteed Maximum Price (GMP) Amendment for Construction of the Bozeman Public Safety Center with Langlas and Associates; and WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such alterations for modification of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations and modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alternates to the GMP Amendment for Construction of the Bozeman Public Safety Center, as contained in Change Order #9, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature. 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 March, 2021. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: 143 Version April 2020 ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 144 9 145 Date: 1/14/2021 In i t i a l C o n t r a c t A m o u n t 238,788.00 $ Pr e v i o u s l y A p p r o v e d C E ' s 36,275,529.17 $ Cu r r e n t C o n t r a c t S u m 36,514,317.17 $ Cu r r e n t P r o p o s e d C E ' s 18,932.70 $ Pending CE's 24,728.36 $ = P e n d i n g Po t e n t i a l N e w C o n t r a c t S u m 36,539,045.52 $ = C u r r e n t C O P r o p o s e d = P r e v i o u s l y a d d r e s s e d o r a g r e e d u p o n c h a n g e i t e m . St a r t i n g C o n s t r u c t i o n C o n t i n g e n c y -$ RO M = R o u g h O r d e r o f M a g n i t u d e Pr e v i o u s l y A p p r o v e d C h a n g e s t o C o n s t r u c t i o n C o n t i n g ency (888,695.00) $ Pe n d i n g C h a n g e s t o C o n s t r u c t i o n C o n t i n g e n c y 120,444.30 $ Po t e n t i a l C o n t i n g e n c y R e m a i n i n g (768,250.70) $ CE # R e l a t e d D o c u m e n t Pr i m e CO # De s c r i p t i o n Pr o p o s e d A d d i t i o n to C o n t r a c t Am o u n t Pr o p o s e d Re d u c t i o n t o Co n s t r u c t i o n Co n t i n g e n c y A p p r o v e d A m o u n t 1 Co B P e r m i t N o . 2 8 7 0 1 1 P r o v i d e d e m o l i t i o n p e r m i t f e e s b y C o n t r a c t o r . P r e vi o u s l y l i s t e d " b y O w n e r " . 2, 0 0 9 . 5 7 $ 2, 0 0 9 . 5 7 $ 2 RT I I n v o i c e 1 9 - 4 7 7 9 1 Pr o v i d e H a z a r d o u s M a t e r i a l S u r v e y a n d S a m p l e T e s t i n g. P r e v i o u s l y l i s t e d " b y O w n e r " . 5, 2 2 5 . 2 4 $ 5, 2 2 5 . 2 4 $ 3 RT I I n v o i c e 1 9 - 4 8 2 3 2 Pr o v i d e H a z a r d o u s M a t e r i a l A i r C l e a r a n c e T e s t i n g . T e st i n g p r e v i o u s l y " b y O w n e r " . 2, 5 3 7 . 2 5 $ 2, 5 3 7 . 2 5 $ 4 EW A # 1 A 3 Re m o v e b u r i e d f o u n d a t i o n e l e m e n t s b e l o w B u i l d i n g " H ", d e e m e d a s u n f o r e s e e n c o n d i t i o n s 1, 2 7 0 . 1 4 $ 1, 2 7 0 . 1 4 $ 5 EW A # 2 A 3 Co n c r e t e a n d A s p h a l t M a t e r i a l C r u s h i n g , T e s t i n g a n d Su r v e y 78 , 6 8 5 . 2 6 $ 78 , 6 8 5 . 2 6 $ 6 EW A # 3 4 Ro u s e A v e n u e U t i l i t i e s E a r l y W o r k 12 1 , 7 4 7 . 6 7 $ 12 1 , 7 4 7 . 6 7 $ 7 EW A # 3 T & M W o r k 5 Mis c e l l a n e o u s T i m e a n d M a t e r i a l W o r k D u r i n g E W A 3 ( N WE P r e p , I n s u l a t e W a t e r M a i n , e t c . ) 32 4 . 2 3 $ 32 4 . 2 3 $ 8 EW A # 4 S i t e w o r k P a c k a g e 5 Ea r l y S i t e w o r k P a c k a g e C o n t r a c t A w a r d s a n d G e n e r a l C on d i t i o n s 3,0 7 3 , 3 4 8 . 3 5 $ 3, 0 7 3 , 3 4 8 . 3 5 $ 9 L. E v a n s E - m a i l 0 5 . 0 5 . 2 0 7 So i l R e m o v a l a n d R e p l a c e m e n t i n S o f t A r e a s i n S o u t h We s t P a r k i n g L o t A r e a 3, 7 8 1 . 0 6 $ 3, 7 8 1 . 0 6 $ 10 S. H o l t E - m a i l 0 5 . 1 9 . 2 0 7 Ha n d C o m p a c t i o n o f C u r b S u b b a s e a n d B a s e D u e t o C o n fl i c t w i t h N W E G a s L i n e 3, 7 9 5 . 7 4 $ 11 AS I 0 0 3 7 In c r e a s e i n S t o r m D r a i n P i p e d u e t o D e s i g n D e v e l o p m en t 1, 8 0 8 . 2 0 $ 1, 8 0 8 . 2 0 $ 12 L. E v a n s E - m a i l 0 7 . 0 9 . 2 0 7 So i l R e m o v a l a n d R e p l a c e m e n t i n S o f t A r e a s o n W e s t D riv e a n d N o r t h P a r k i n g L o t A r e a s 10 , 4 7 6 . 0 3 $ 10 , 4 7 6 . 0 3 $ 13 GM P E x h i b i t N o . 1 GM P Ad d B u i l d i n g P a c k a g e s t o C o n t r a c t f o r G u a r a n t e e d M a x im u m P r i c e 32 , 9 1 2 , 5 4 9 . 3 0 $ ( 8 8 8 , 6 9 5 . 0 0 ) $ 3 2 , 9 1 2 , 5 4 9 . 3 0 $ 14 PR 0 1 De c o r a t i v e F e n c i n g V E No t A c c e p t e d 15 PR 0 2 Mo d i f i c a t i o n s t o S i t e W o r k f r o m E W A 4 t o F i n a l D e s i g n 2, 3 2 9 . 1 8 $ 16 a Ad d e n d u m 4 / R F I 0 0 6 8 Bu i l d i n g P e r m i t R e v i e w C o m m e n t C h a n g e s - S t r u c t u r a l R e v i s i o n s 41 , 1 6 3 . 2 1 $ 41 , 1 6 3 . 2 1 $ 16 b Ad d e n d u m 4 B u i l d i n g P e r m i t R e v i e w C o m m e n t C h a n g e s 17 GC / C M A g r e e m e n t § 1 1 . 3 7 Bu i l d e r ' s R i s k I n s u r a n c e 75 , 4 0 4 . 9 1 $ 18 PC O 1 , 2 , 3 7 EW A P e r m i t t i n g a n d T e s t i n g F e e s n o t i n c l u d e d w i t h G M P 11 , 7 2 4 . 2 1 $ 19 Se c t i o n 0 7 7 2 0 0 ; A d d e n d u m 1 F a l l P r o t e c t i o n A n c h o r s 29 , 5 1 9 . 4 5 $ 20 Alt e r n a t e 8 7 S a v i n g s t o S p l i t S o l a r P V f r o m E l e c t r i c a l S u b c o n t r ac t o r (9 , 0 3 4 . 6 7 ) $ (9 , 0 3 4 . 6 7 ) $ 21 Bu i l d i n g R e - B i d 0 8 / 0 7 / 2 0 7 C o n t r a c t R e - B i d B i d P a c k a g e s (7 , 9 7 3 . 9 5 ) $ (7 , 9 7 3 . 9 5 ) $ 22 Ad d e n d u m 5 / P R 0 3 & 0 3 . 1 7 Ad d i t i o n a l S a n i t a r y W a s t e P l u m b i n g a n d B a c k w a t e r V a l ve R e s u l t i n g f r o m B u i l d i n g P e r m i t R e v i e w 37 , 1 5 1 . 7 0 $ 37 , 1 5 1 . 7 0 $ 23 PR 0 4 8 Re p l a c e K S - 3 F a u c e t s i n F a m i l y C a r e 1 0 0 F & K i t c h e n e tte 1 0 5 A w i t h T o u c h - F r e e K S - 4 F a u c e t s 59 5 . 4 7 $ 59 5 . 4 7 $ 24 RF I 0 2 3 7 In s u l a t i o n C o v e r P r o t e c t i o n O v e r S a n d O i l S e p a r a t o r V a u l t a n d I n l e t P i p e 2, 9 5 0 . 1 2 $ 2, 9 5 0 . 1 2 $ 25 RF I 0 2 4 Re d u c t i o n o f E m b e d S t u d s (1 , 0 3 0 . 2 8 ) $ 26 Bu i l d i n g R e - B i d 0 8 / 0 7 / 2 0 C o n t r a c t R e m a i n i n g B i d P a c k ag e A l l o w a n c e s 27 RF I 0 3 3 9 Em b e d P l a t e s a t B o t t o m o f A l l B r a c e F r a m e F o o t i n g s 22 , 8 5 5 . 5 1 $ 28 RF I 0 2 0 8 Fo u n d a t i o n W a l l T h i c k n e s s C h a n g e a t S t a i r 3 A l c o v e 66 1 . 4 3 $ 66 1 . 4 3 $ 29 AS I 0 1 0 8 Re v i s e d F o u n d a t i o n W a l l H e i g h t a t A r e a A 68 4 . 2 0 $ 68 4 . 2 0 $ 30 AS I 0 1 6 8 PD O p e n O f f i c e E l e c t r i c a l a n d T e c h n o l o g y R e v i s i o n s 4, 5 1 6 . 6 8 $ 4, 5 1 6 . 6 8 $ 31 RF I 0 6 7 9 Mo d i f y F i t n e s s S t o r a g e R o o m D o o r s w i t h L o u v e r G r i l l es 13 7 . 6 2 $ 32 RF I 0 3 9 b / P R 0 6 9 Wa l l & C a s e w o r k M o d i f i c a t i o n s i n O p e n O f f i c e 1 1 0 97 1 . 2 5 $ 33 PR 0 5 8 Ce i l i n g a n d E l e c t r i c a l R e v i s i o n s 2, 1 7 0 . 3 3 $ 2, 1 7 0 . 3 3 $ 34 Bu i l d i n g P e r m i t S c h e d u l e E x t e n s i o n f o r P e r m i t R e v i e w D e l a y 35 RF I 0 4 2 / A S I 0 1 9 A r e a A a n d D E n t r y F o o t i n g C h a n g e s 36 An o d i z e d A l u m i n u m V E 8 Re v i s e A l u m i n u m S t o r e f r o n t , C u r t a i n w a l l , A u t o m a t i c S l id i n g E n t r a n c e s a n d W i n d o w s t o A n o d i z e d (1 1 , 1 1 7 . 6 5 ) $ (1 1 , 1 1 7 . 6 5 ) $ 37 Sh e e t L - 0 0 2 N o t e 2 D r i l l i n g o f I r r i g a t i o n W e l l 38 RF I 0 5 7 E l e c t r i c a l R o o m 1 4 8 B C h a n g e s ( E l i m i n a t i o n o f P a n e l , r e l o c a t e c i r c u i t i n g , r e d u c e d p a n e l r a t i n g ) - $ 39 RF I 0 4 3 G l y c o l C o n c e n t r a t i o n D i s c r e p a n c i e s f o r A H U - 2 , A H U - 3 a n d E R V - 1 Clo s e d 40 RF I 0 8 9 S c r e e n e d R o c k f o r I n t e r i o r B a c k f i l l a n d S l a b P r e p 14 , 0 5 4 . 3 8 $ 41 PR 0 8 Eli m i n a t e I n t e r v i e w R o o m S e c u r i t y S y s t e m (7 , 4 6 6 . 9 2 ) $ Dr i l l i n g o f t h e w e l l n o t i n c l u d e d i n G M P . Re d u c e d c o s t o f g e a r o f f s e t b y a d d i t i o n a l l a b o r a n d material RF I r e s p o n s e r e v i s e d s o t h e r e w o u l d b e n o c o s t c h a n ge. RO M . Clo s e d 1 1 . 1 9 . 2 0 O A C . S a v i n g s $ 2 6 , 1 1 5 . 9 8 . Pe n d i n g r e v i e w w i t h s u b c o n t r a c t o r . Re s e r v e c o s t s f o r f u t u r e d i s c u s s i o n a n d e v a l u a t i o n of schedule. In a d v e r t e n t l y n o t i n c l u d e d w i t h G M P d o c u m e n t . RO M Pe n d i n g l a n d s c a p e a n d p e r m a n e n t f e n c i n g p r i c i n g . Ho l d i n g u n t i l C o B a w a r d s n e w v e n d o r . Ch a n g e E s t i m a t e L o g Pr o j e c t N a m e : Bo z e m a n P u b l i c S a f e t y C e n t e r Jo b N u m b e r : 1 9 4 2 6 Comments Tr a c k e d T & M . Tr a c k e d T & M . Ap p r o v e d b y C . W i n n v i a p h o n e c a l l 0 6 / 0 4 w i t h L . C a n t r ell 22 7 0 G r a n t R o a d B i l l i n g s , M T 5 9 1 0 2 P 4 0 6 . 6 5 6 . 0 6 2 9 F 4 0 6 . 6 5 6 . 1 0 8 8 ~ 1 0 1 9 E a s t M a i n S t . , S u i t e 1 0 1 B o z em a n , M T 5 9 7 1 5 P 4 0 6 . 5 8 5 . 3 4 2 0 F 4 0 6 . 5 8 5 . 4 1 1 0 ~ 2 8 0 E a s t F r o n t . , S u i t e B M i s s o u l a , M T 5 9 8 0 2 P 4 0 6 . 2 1 5.1356 F 406.926.2005 146 42 PR 0 9 Mo d i f i e d F u r n i t u r e L a y o u t i n D i g i t a l F o r e n s i c s R o o m 1 4 2 E 2, 1 9 5 . 6 7 $ 43 PR 1 0 Ch a n g e s t o F D W a r d r o b e C l o s e t 3, 8 7 1 . 9 3 $ 44 PR 0 7 9 Ad d i t i o n a l E x t e r i o r E l e c t r i c a l O u t l e t s 71 4 . 4 7 $ 45 Bid P a c k a g e 3 1 A l l o w a n c e s M a t e r i a l O f f - H a u l a n d S t r u c tu r a l F i l l I m p o r t B e y o n d C o n t r a c t A l l o w a n c e s 4, 1 5 1 . 7 7 $ 46 RF I 0 6 5 A r e a D W a l l - A l o n g G L D . 2 a t V - 1 9 0 47 AS I 2 4 Mo d i f i c a t i o n o f H a n d R a i l D e s i g n a n d I n s t a l l a t i o n 3, 6 5 8 . 5 7 $ 48 AS I 2 8 VA V S c h e d u l e R e v i s i o n s (7 8 1 . 7 9 ) $ 49 RF I 0 7 1 9 Ho r i z o n t a l J o i n t R e i n f o r c e m e n t i n 8 M - 1 a n d 1 2 M - 3 W a ll T y p e s (5 , 7 4 6 . 1 5 ) $ 50 PR 1 1 Co u r t r o o m A V 51 CA S E T e s t i n g I n v o i c e 1 2 4 3 M a s o n r y G r o u t C o m p a r i s o n T e st i n g 3, 7 4 5 . 8 3 $ 52 53 54 55 TO T A L S 36 , 3 1 9 , 1 9 0 . 2 3 $ (7 6 8 , 2 5 0 . 7 0 ) $ 36 , 2 7 5 , 5 2 9 . 1 7 $ Pr i c e b a s e d o n p r o v i d e d h a n d r a i l d e s i g n i n A S I Se e C E f o r b r e a k d o w n o f s i t e a n d b u i l d i n g l o c a t i o n s . Pr o g r e s s t h r o u g h 1 2 . 1 4 . 2 0 La b o r w a s b a s e d o f f p l a n s a n d n o t s c h e d u l e 22 7 0 G r a n t R o a d B i l l i n g s , M T 5 9 1 0 2 P 4 0 6 . 6 5 6 . 0 6 2 9 F 4 0 6 . 6 5 6 . 1 0 8 8 ~ 1 0 1 9 E a s t M a i n S t . , S u i t e 1 0 1 B o z em a n , M T 5 9 7 1 5 P 4 0 6 . 5 8 5 . 3 4 2 0 F 4 0 6 . 5 8 5 . 4 1 1 0 ~ 2 8 0 E a s t F r o n t . , S u i t e B M i s s o u l a , M T 5 9 8 0 2 P 4 0 6 . 2 1 5.1356 F 406.926.2005 147 Change Estimate Report Project: Bozeman Public Safety Center CE No:27 Project # 19426 Revision #2 Change Source: RFI 033 Date:12/17/2020 Description:Embed Plates at Bottom of All Brace Frame Footings Category Quantity Unit Unit Cost Total -$ 03A.0340 1 sum 13,497.33$ 13,497.33$ 05A.0510 1 sum 8,294.00$ 8,294.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 21,791.33$ GC/CM Business Insurance 0.625% 136.20$ CM Fee 3.2% 701.69$ Bond 1.0% 226.29$ 22,855.51$ TOTAL Description ADD Setting Embed Plates and Reinforcement Work Steel Plate Material and Fabrication 148 20 West Haley Springs Tel: 1-406-587-0806 Unit A Fax: 1-406-587-6279 PO Box 11078 Bozeman, MT 59719 Job Name/Number: Bozeman Public Saftey Center 11/12/2020 Change Order #006 Langlas ATTN: Loren Cantrel Job # DESCRIPTION QUANTITY UNIT AMOUNT 9/23 TEAR OFF WALL PANELS 8 $75.00 $600.00 9/24 CUT RINGS & HORIZONTAL BARS, PLACED 3 BP, TEAR OUT REINFORCING 14 $75.00 $1,050.00 9/25 BP RE-INSTALL 6 PLATES 8 $75.00 $600.00 9/28 CUT RINGS TO CREATE CROSS TIES OT FIT AROUND SHEAR LUG 6 $75.00 $450.00 9/29 CUT RINGS INTO CROSS TIES TO FIT AROUND SHEAR LUG 1MAN 4HRS 4 $75.00 $300.00 Re-build wall on West side Area A 6 MEN 2HRS 12 $75.00 $900.00 Pad Footings added plates Labor for added install of BP 120 $75.00 $9,000.00 Welder Fabrication Time 10 $75.00 $750.00 CMU Support 1 $150.00 $150.00 Allthread 200 $3.93 $786.00 Misc. Tools (Welder, Demo Saw, Hilti)1 $250.00 $250.00 Materials Hilti HY-200 6 $48.75 $292.50 Demo saw 1 $150.00 $165.00 Diamond Blades 1 $98.53 $98.53 Hilti Hammer Drill, 7/8" conc. bit 2 $250.00 $500.00 Schedule & Loss of Production (Area A Walls) Loss of Production 4 7 Men, 8Hrs, 4 Days Lost Schedule Days 4 West Winds Reinforcing Foreman and Iron worker re-tying piers 1 LS $3,074.00 Management Time Project Manager 8 $125.00 $1,000.00 Subtotal $19,966.03 Overhead 10%$1,996.60 Profit 5%$1,098.13 Total $23,060.76 Customer Signature Date THANK YOU FOR DOING BUSINESS WITH US. WE LOOK FORWARD TO SERVING YOU AGAIN. Web: www.eastoncompanies.com CHANGE ORDER RFI 33 - Embed Plate 149 Project No: PMN0382 NOC No.: Proj. Name: To:LANGLAS CC: ATTN:Russel Pierce/ Sam Holt 1019 E Main St. Suite 101 Bozeman, MT 59715 Subject: Change Requested By:Sent Via:email Description of Change:Pricing Valid for:30 days (Taxes NOT Included) (Taxes NOT Included) -$ (Taxes NOT Included) 8,294$ (Taxes NOT Included) (Taxes NOT Included) A signature below indicates acceptance of all changes shown herein. Any work associated with this change will begin upon receipt of a signed copy of this N.O.C. in our office. Accepted By TrueNorth Steel Date:PMN0382 CO #: Revised Contract Amount: Outstanding Changes Pending Approval: J. Chiono ADDED WORKING DAYS Total All Previous Price Changes: DUE TO CHANGE Subtotal (Price+All Previous Changes): PRICE OF THIS CHANGE: jchiono SCHEDULE INFORMATION Original Price: Bozeman Public Safety Zone Date: #N/A #N/A Notification of Change 6 Detailing & Labor: $6590 Material & Freight : $5030 +POH & Tax 12/17 REVISED: Material & Freight: $3745 Labor: $4550| Detailing:$0 POH/Tax:$ 0 150 Change Estimate Report Project:Bozeman Public Safety Center CE No:31 Project #19426 Revision # Change Source: RFI 067 Date:12/15/2020 Description:Modify Fitness Storage Room Doors with Louver Grilles In response to RFI 067, 12" x 6" transfer grilles are to be added to doors ST-150 and a 1" undercut. Removing supply duct and grille from room ST-150 Category Description Quantity Unit Unit Cost Total ADD $- 08A.0810 Louver Grilles and HM Door Modifications 1 sum $400.00 $400.00 $- $- $- $- $- $- $- $- DEDUCT $- 22A.1500 HVAC ducting and supply grille (1)sum $268.79 $(268.79) $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- SUBTOTAL $131.21 GC/CM Business Insurance 0.625%$0.82 CM Fee 3.2%$4.23 Bond 1.0%$1.36 TOTAL $137.62 151 dhu Doors and Hardware Unlimited, Inc 4125 North Star Boulevard Great Falls, MT 59405 PH: (406) 761-4465 FX: (406) 761-4638 beau815@yahoo.com October 29th, 2020 20-66 Langlas & Associates Bozeman Public Safety Bozeman, MT RFI# 67 2ea Louver Grilles 12” x 6”—Beige $100.00 2ea Cut Louvers in Doors and 1” undercut $300.00 Total $400.00 152 Material/Labor Direct Costs Qty Material Unit Price Material Cost Labor Hrs Labor Rate/Hr Labor Cost 0 $0 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 Misc. Plumbing Materials $0.00 Remove 6" piping, CD-3 to ST-150 (1)$150 ($150.00)1 $85.00 ($85.00) $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 Misc. Sheet Metal Materials ($7.50) $0.00 $95.00 $0.00 $0.00 $95.00 $0.00 $0.00 $95.00 $0.00 Misc. Sheet Metal Materials $0.00 ($157.50)($85.00) $90.00 $0.00 $90.00 $0.00 $90.00 $0.00 $0.00 SUMMARY Materials (detail above)($157.50) Equipment Rent Subsistence Lodging Costs Mileage (Total Miles X $1.25) Subtotal ($157.50) ($23.63) Labor (detail above)($85.00) Subcontractors/Vendors: - - - $0.00 Bond (If Applicable)$0.00 n CGR 1% State Tax (If Applicable)($2.66)y TOTAL AMOUNT DUE ($268.79) Subcontractors with 10% Overhead & Profit PM Time Total Supervision 15% Overhead & Profit Supervision: Plumbing Supervision Sheet Metal Supervision Total Material/Labor Direct Costs Sheet Metal Shop Fabrication: Sheet Metal: WORK MOD / SMALL PROJECT PRICING WORKSHEET Job Name: Bozeman Public Safety Center Description: CPH RFI#008, Langlas RFI#067 Date: 12/14/2020 Plumbing: Comm. Drive/Bid Prep forms/Change Order Worksheet 153 Change Estimate Report Project: Bozeman Public Safety Center CE No:32 Project # 19426 Revision #1 Change Source: RFI 039b / PR 06 Date:12/10/2020 Description:Wall & Casework Modifications in Open Office 110 Category Quantity Unit Unit Cost Total -$ 06A.0610 1 sum 268.03$ 268.03$ 06B.0620 1 sum 658.00$ 658.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 926.03$ GC/CM Business Insurance 0.625% 5.79$ CM Fee 3.2% 29.82$ Bond 1.0% 9.62$ 971.25$ TOTAL Description ADD Steel Stud Framing Casework Changes 154 SUBCONTRACTOR:LANGLAS - FRAMING CONTACT:ELIZABETH OLIVER ADDRESS:1019 E. MAIN ST SUITE 101 PROJECT ADDRESS:901 N ROUSE AVENUE PHONE:BOZEMAN, MT 59715 BOZEMAN, MT 59715 FAX:406-585-4110 THIS IS IN RESPONSE TO:PR 06 CCD #: CONTRACTOR:LANGLAS & ASSOCIATES RFI #: PROJECT MANAGER REQUESTED FROM:THINKONE ARCHITECTS ADDRESS:1019 E. MAIN ST SUITE 101 ON DATE:12/10/2020 BOZEMAN, MT 59715 SUBCONTRACTOR COR #:1 PHONE:406-585-3420 FAX:406-585-4110 DESCRIPTION:Addition of and changes to steel stud wall framing in Open Office 110 DRAWINGS: Trade Description QTY Unit Unit Price Taxes Total Cost SUBCONTRACTORS:$0.00 $0.00 $0.00 $0.00 Description Hours Rate Labor Amt. Burden Total Cost LABOR: Carpenter 1 67.00 67.00 36.85 $103.85 Labor 1 46.00 46.00 25.30 $71.30 Description QTY Unit Unit Price Taxes Total Cost MATERIAL: 3 5/8" SF TRACK 10 lf 0.39 $3.90 3 5/8" SLOTTED TRACK 10 lf 0.65 $6.50 3 5/8" SF STUD 108 lf 0.44 $47.52 $0.00 Description QTY Unit Unit Price Taxes Total Cost EQUIPMENT:$0.00 $0.00 $0.00 $0.00 CREDITS: SUBTOTAL:$233.07 OH & PROFIT @ %: 15% $34.96 GRAND TOTAL: $268.03 NOTES: Minimum order lengths for track & slotted track: 10' Authorized Signature Date SUBCONTRACTOR CHANGE ORDER REQUEST BOZEMAN PUBLIC SAFETY CENTER PROJECT NAME: 155 TMI Storage Systems Corporation 50 South Third Avenue West Dickinson, ND 58601 Ph: 701-456-6716 Fax: 701-456-6369 http://www.tmisystems.com Tuesday, November 03, 2020 Langlas & Associates Inc. Attn: Elizabeth Oliver 1019 East Main Street, Suite 101 Bozeman, MT 59715 RE: Bozeman Public Safety Center Subject: PR 06 Elizabeth, The cost changes relative to PR 06 in Rms. 142A & C125 per PR 06 is as follows: $567.00 – material add $85.00 – 15% O/P $6.00 – taxes $658.00 TOTAL Please confirm proposed costs are approved in order to proceed with incorporating changes into our first submittal casework drawings If you have any questions or need additional information, please call me at 701-456-6391, facsimile at 701-456-6369 or e-mail bryan.volesky@tmisystems.com Sincerely, TMI STORAGE SYSTEMS CORPORATION Bryan Volesky Bryan Volesky Project Manager 156 Change Estimate Report Project: Bozeman Public Safety Center CE No:44 Project # 19426 Revision #1 Change Source: PR 07 Date:12/31/2021 Description:Additional Exterior Electrical Outlets Category Quantity Unit Unit Cost Total -$ 26A.1600 2 ea 340.60$ 681.20$ 26A.1600 0 Not Accepted 5,831.37$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 681.20$ GC/CM Business Insurance 0.625% 4.26$ CM Fee 3.2% 21.94$ Bond 1.0% 7.07$ 714.47$ Add (2) building mounted receptacles as shown on provided E101A and E101D, and a power respectable with a dedicated circuit to a Site Light shown on provided E300 sheet. Description ADD Building Mounted Electrical Receptacles Site Light Electrical Receptacles TOTAL 157 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #PR007 Date:12/8/2020 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:1 Client Address: Langlas & Associates, Inc. Contact: Elizabeth Oliver 1019 East Main Street Suite 101 Bozeman, MT 59715 Work Description Name of Project: Bozeman Public Safety Center We reserve the right to correct this quote for errors and omissions. This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs. This price is good for acceptance within 10 days from the date of receipt. We request a time extension of x days. The following is our Division 16 pricing for PR007 which involves adding exterior receptacles in two locations on the building. Note: This proposal is only for the receptacles on the building, a separate proposal will be submitted for the site pole receptacle. The cost of adding an exterior receptacle in either area A or area D is the same as they are being extended from nearby existing circuits. This pricing is for ONE RECEPTACLE in either location. Should both locations be accepted, the cost would be double of this proposal. Please advise on the acceptance of which locations are accepted should they be approved. Itemized Breakdown Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 20 82.91 C 16.58 4.00C 0.80 3/4" CONN SS STL - EMT 2 75.75 C 1.51 12.50C 0.25 3/4" COUPLING SS STL - EMT 3 77.47 C 2.32 5.00C 0.15 3/4" 1-H STRAP - EMT - STEEL 4 14.98 C 0.60 6.75C 0.27 #12 THHN SOLID BLACK 70 207.16 M 14.50 6.75M 0.47 1G MSNRY BOX 2 1/2" DEEP 1 1,285.00 C 12.85 43.75C 0.44 1G WP IN-USE COVER - DIE CAST - VETICAL - GRAY (R 1 13.58 E 13.58 7.50C 0.07 P&S 20A 125V WEATHER RESISTANT GFCI RCPT (SG)1 21.88 E 21.88 31.25C 0.31 Totals 102 83.83 2.77 ORIGINAL 158 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #PR007 Date:12/8/2020 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:2 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Summary General Materials 83.83 Material Total 83.83 JOURNEYMAN (2.77 Hrs @ $61.00) 168.97 FOREMAN @ 25%(0.69 Hrs @ $61.00) 42.09 Subtotal 294.89 Overhead (@ 10.000 %) 29.49 Markup (@ 5.000 %) 16.22 Subtotal 340.60 Final Amount $340.60 ORIGINAL 159 Change Estimate Report Project: Bozeman Public Safety Center CE No:49 Project # 19426 Revision # Change Source: RFI 071 Date:12/29/2020 Description:Horizontal Joint Reinforcement in 8M-1 and 12M-3 Wall Types Category Quantity Unit Unit Cost Total 04A.0410 (15000)lf 0.209$ (3,135.00)$ 04A.0410 (15000)lf 0.099$ (1,485.00)$ 04A.0410 (500) lf 0.189$ (94.50)$ 04A.0410 (500) lf 0.099$ (49.50)$ 04A.0410 (1) sum 714.60$ (714.60)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL (5,478.60)$ GC/CM Business Insurance 0.625% (34.24)$ CM Fee 3.2% (176.42)$ Bond 1.0% (56.89)$ (5,746.15)$ TOTAL Labor to install 8" wire 15% OHP 8" Ladder wire Description DEDUCT 12" Ladder wire Labor to install 12" wire 160 Project: PO #: Date: # Description U/M UNIT PRICE AMOUNT 1 12" Ladder wire Delete at 12M-3 12"9GAHDG LF 0.2090 (3,135.00) 2 Labor to install Wire Delete at 12M-3 LF 0.0990 (1,485.00) 3 8" Ladder Wire Delete at 8M-1 8"9GAHDG LF 0.1890 (94.50) 4 Labor to install Wire Delete at 8M-1 LF 0.0990 (49.50) 5 - 6 - 7 - 8 - 9 - 10 - 11 - - - - - - - - - - 10% Overhead and 5% profit OH/P -4,764.00 (714.60) (5,478.60)$ ADDITIONAL NOTES: P.O. Box 80665 Billings, MT 59108 P: (406) 656-5955 F: (406) 656-5697 Deduct per RFI 071 901 North Rouse Ave Bozeman Montana 59715 Cost Code: Masonry VENDOR Langlas & Associates, Inc 1019 East Main, Ste 101 Bozeman Montana 59715 Beth Oliver elizabeth@langlas.com BZN Public Safety Center Change Order BPSC 194260410 12/29/20 SHIP TO CO#1 Point of Contact - Hill Masonry Office Point of Contact - Hill Masonry Jobsite Mason Hill 406-656-5955 Brad Graham -15,000.00 Required Delivery Date F.O.B. Terms ASAP Jobsite EOM -15,000.00 QTY Shipping Method LTL -500.00 -500.00 15.00% TOTAL NET: 161 162 Memorandum REPORT TO:City Commission FROM:Jacob Miller, Planner I Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT:Ordinance 2062, Final Adoption to Revise Language for Clarity and Consistent Application of First Floor Required Height Standards in Five Mixed-Use and Non-Residential Zoning Districts, and Revise Paragraph A.1 of Subchapter 4b of the Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District. No changes to Maximum Height Dimensional Standards are Included with this Amendment. Revise Affected Sections to Implement the City Commission Directed Revisions MEETING DATE:March 2, 2021 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for Application 20147 and adopt Ordinance 2062, the Building Heights Part 1 Text Amendment. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:This text amendment revises language for clarity and consistent application of first floor required height standards in five non-residential zoning districts, and revises paragraph a.1 of subchapter 4b of the Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District. No changes to maximum height dimensional standards are included with this amendment. Revise affected sections to implement the revisions. At the public hearing, the City Commission directed a change in wording in response to public comment. That change caused a need to adjust additional sections for consistency in wording throughout Chapter 38 of the municipal code. This text amendment has been modified to reflect direction received from public comment and the City Commission meeting held on December 15, 2020. The ordinance was provisionally adopted on December 15, 2020. Staff determined that the changes were not significant enough to justify separate findings and therefore the staff report from December 15th stands as originally presented to the City Commission. Due to the changes and after 163 discussion with City legal staff it was decided it was appropriate to have the City Commission again provisionally adopt the revised amendment. This text amendment was again provisionally adopted by City Commission at the meeting held on January 26, 2020. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by City Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this amendment. Attachments: 20147_Building_Height_amendments_Ordinance_2062 (1).docx Report compiled on: February 18, 2021 164 Page 1 of 13 ORDINANCE NO. 2062 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA REVISING THE BOZEMAN MUNICIPAL CODE TO CHANGE THE FLOOR TO CEILING HEIGHT STANDARD TO FLOOR TO FLOOR HEIGHT BY AMENDING TABLE 38.320.050 (TABLE OF FORM AND INTENSITY STANDARDS— NON-RESIDENTIAL AND OTHER MIXED-USE DISTRICTS), AMENDING 38.330.010 – UMU DISTRICT – SPECIAL STANDARDS, TABLE 38.510.030.B (STOREFRONT BLOCK FRONTAGE STANDARDS), 38.510.030.M.2.e., AND REVISING PARAGRAPH A.1 OF SUBCHAPTER 4B OF THE BOZEMAN GUIDELINES FOR HISTORIC PRESERVATION AND THE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT RELATED TO FLOOR TO FLOOR HEIGHT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Section 76-2-304, MCA; and WHEREAS,City is committed to reviewing and improving the Unified Development Code; and WHEREAS,the City has developed a platform to submit revisions to the Unified Development Code to improve overall functionality and ease of use; and WHEREAS,it has been identified that Table 38.320.050 and the related footnotes do not address certain elements of the content related to floor-to-ceiling height with adequate clarity; and WHEREAS,it has been identified that the terminology, floor-to-floor height is a widely accepted industry standard; and 165 Ordinance 2062, Building Height Clarification Revisions Page 2 of 13 WHEREAS, 38.110.010, BMC, adopts the “Guidelines for historic preservation and neighborhood conservation overlay district” by reference; andWHEREAS, it is in the interests of the City and public welfare to revise the Bozeman Municipal Code to provide clarifying language and increase the ease of use of the UDC. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Table 38.320.050 – Table of Form and Intensity Standards – Non-Residential and Other Mixed-Use Districts, of the Bozeman Municipal Code be amended as follows: Standard Zones Commercial Zoning Districts UMU Industrial Zoning Districts PL I NEHM U B-1 B-2 B-2M B-3 BP M-1 M-2 Lot and floor area standards Minimum lot area (square feet) (38.320.020.A) 5,00 0 —--—43,56 0 7,500 ——5,000 1 Minimum lot width (feet) (38.320.020.A) 50 100 ———150 75 100 —50 Maximum lot coverage (38.320.020.C) 100 % 100% 100% 100% 100% 4 60% 100 % 100 % -40%— 100% 5 166 Ordinance 2062, Building Height Clarification Revisions Page 3 of 13 Minimum floor area ratio (38.320.020.C) ————0.50 ————— Building height standards (feet)(38.320.020.E) Minimum building height ————22 6 ————— Maximum building height Variable 8 55/70 9 55 10 45 45 —45 Minimum floor to ceiling floor height of ground floor 13 15 21 13 15 21 13 15 21 13 15 21 13 15 21 ————— Roof pitch < 3:12 34 38 7 38 7 Roof pitch 3:12 or > 38 44 7 44 7 Minimum setback (feet)(38.320.020.F) Front Setback Front setback provisions are set forth in the block frontage standards in division 38.510. 25 11,17 20 11 20 11 0 12 20 11 Setback to an individual garage oriented to the street —20 20 20 —————20 Rear Setback 10 10 10 13 0 15 0 20 17 3 3 0 12 3 Side Setback 5 14 5 14 5 14 0 15 0 15 17, 14 3 14 3 14 0 12 3 167 Ordinance 2062, Building Height Clarification Revisions Page 4 of 13 Side or Rear Setback Adjacent to Alley 5 5 5 5 5 5 5 5 5 Parking & loading areas (feet) Note 15 Note 15 Front Setback Note 11 Note 11 Note 11 Note 11 Note 11 Note 11 Note 11 Note 11 Rear Setback 10 16 10 16 5 16 0 17 -—— Side Setback 8 16 8 16 5 16 0 17 --- Garages and special parking standards Residential Garages —Note 18 Note 18 Note 18 —————Note 18 Special Parking Standards Note 19, 20 Note 19, 20 Note 19, 20 Note 20 Note 19, 20 Note 20 Note 19,20 Note 19,20 Note 20 Notes: 1. The lot area must provide all required setback areas and off-street parking and loading. Lot area per dwelling must not be less than 5,000 square feet per detached single- household dwelling and 3,000 square feet per attached dwelling. Lot area per each dwelling used to satisfy the requirements of division 38.380 must not be less than 2,700 square feet per detached single-household dwelling and 2,500 square feet per attached dwelling. 2. Reserved. 3. Reserved. 4. In the UMU district, the footprint of individual buildings must not exceed 45,000 square feet. 5. The maximum lot coverage must be 40 percent for principally residential uses or 100 percent for principally non-residential uses. 6. Buildings within a development or each phase of a multi-phased development must have varying heights achieved through the use of multiple stories. 168 Ordinance 2062, Building Height Clarification Revisions Page 5 of 13 7. B-2 height exceptions: a. Maximum height may be increased by up to a maximum of 50 percent when the zoning district is implementing a regional commercial and services growth policy land use designation. b. Maximum height otherwise cumulatively allowed by this section may be increased by 30 percent through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. 8. B-2M height limits: a. For buildings designed for non-residential or mixed-use: Five stories or 60 feet (whichever is less), provided the top floor of five-story buildings within 30 feet of the front property line feature has a stepback of at least ten feet from the front face of the building. b. For buildings designed for single purpose residential use: Four stories or 50 feet (whichever is less). c. An area, not to exceed a total of ten percent of the floor area which is located at street level, may extend above the maximum building height by up to 12 feet. 9. Maximum building height in the B-3 district must be 55 feet in the district core area and 70 feet outside of the core area. 10. Maximum building height may be increased by up to but not more than an additional 25 feet when structured parking is provided per section 38.330.040.E.2, and when determined to be in compliance with the review criteria of 38.230.100. 11. Front setback provisions are set forth in the block frontage standards in division 38.510 and in 38.350.070. 12. In the PLI district, there is no setback requirement except when a lot is adjacent to another district. The setbacks then must be the same as those in the adjacent district. The setback requirements of RS must be interpreted as those of R-1. 13. The minimum rear setback is five feet for accessory buildings. 14. Zero lot lines are allowed per 38.350.050.B. 15. All vehicle entrances into garages must be no closer than 20 feet to a property line, unless explicitly authorized otherwise under this chapter. 16. Side and rear setbacks for parking may be allowed to be zero feet when coordinated parking arrangements between adjacent properties are provided. 17. Rear and side setbacks adjacent to alleys must be at least five feet. 169 Ordinance 2062, Building Height Clarification Revisions Page 6 of 13 18. Garage location standards: for single to four-household uses, see 38.350.070. 19. This chapter provides opportunities for parking requirements to be met by shared and off- site parking as allowed by division 38.540 of this chapter. 20. Non-residential and multi-household developments are subject to the block frontage standards of division 38.510. 21. Floor-to-floor height is defined as the height between each floor plate in a building measured from the top of the ground floor to the top of the floor above. This standard applies to non-residential buildings, mixed use buildings, and apartment buildings. Section 2 That 38.330.010 – UMU district – Special Standards of the Bozeman Municipal Code be amended as follows with the remaining elements of the section to remain as presently written: E. Building standards. 1. Building design. See division 38.520 for applicable standards for all development types. 2. Floor-to-floor heights and floor area of ground-floor space. a. All commercial floor space provided on the ground floor of a mixed-use building must have a minimum floor-to-ceiling height of 13 feet. b.All commercial floor space provided on the ground floor of a mixed-use building must contain the following minimum floor area: (1) At least 800 square feet or 25 percent of the lot area (whichever is greater) on lots with street frontage of less than 50 feet; or (2) At least 20 percent of the lot area on lots with street frontage of 50 feet or more. 3. Street-level openings on parking structures must be limited to those necessary for retail store entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator lobbies. Parking structures adjacent to streets must have architectural detailing such as, but not limited to, standard size masonry units such as brick, divided openings to give the appearance of windows, and other techniques to provide an interesting and human-scaled appearance on the story adjacent to the sidewalk. 170 Ordinance 2062, Building Height Clarification Revisions Page 7 of 13 Section 3 That Table 38.530.010.B – Storefront block frontage standards, of the Bozeman Municipal Code be amended as follows: Table 38.510.030.B Storefront block frontage standards Element Standards( refers to departure opportunities, see subsection 38.510.030 below) Examples & Notes Ground floor Land use Non-residential uses specified in 38.310.040, except for lobbies associated with residential or hotel/motel uses on upper floors. Floor to ceiling floor height of ground floor 13 15' minimum (applies to new buildings only). Non-residential space depth 20' minimum (applies to new buildings only). Building placement Required at front property line/back edge of sidewalk. Additional setbacks are allowed for widened sidewalk or pedestrian-oriented space (38.520.060.D). Building entrances Must face the street. For corner buildings, entrances may face the street corner. Façade transparency At least 60% of ground floor between 30" and 10' above the sidewalk for primary facades and 40% of ground floor between 30" and 10' above the sidewalk for secondary facades. Display windows may count for up to Window area that is glazed over or covered in any manner that obscures visibility into the storefront space shall not count as transparent window area. 171 Ordinance 2062, Building Height Clarification Revisions Page 8 of 13 50% of the transparency requirement provided they are at least 30" in depth to allow for changeable displays. Tack-on display cases do not qualify as transparent window areas. Weather protection Weather protection with 8-15' vertical clearance at least 5' in average depth along at least 60% of façade. Retractable awnings may be used to meet these requirements. Parking location Also see division 38.540 of this division for related parking requirements New surface and structured parking areas (ground floor) must be placed to the side or rear of structures and are limited to 60' of street frontage. Provide a 6' minimum buffer of landscaping between the street and off street parking areas meeting the performance standards of division 38.550. Sidewalk width 12 feet minimum between curb edge and storefront (area includes clear/buffer zone with street trees). Setbacks and utility easements must also be considered and may result in a larger minimum sidewalk width. 172 Ordinance 2062, Building Height Clarification Revisions Page 9 of 13 Section 4 That 38.510.030.M, Structured parking facility development standards, of the Bozeman Municipal Code be amended as follows: [M. Structured parking facility development standards.][3] 1. All above ground structured parking facilities must conform to the design standards herein and the designated block frontage in section 38.510.030. In the event of a conflict between block frontage standards and the standards of this section, the standards of this section will govern. Exceptions: a. Single-household dwellings and individual townhouse and multi-household units with physically separated individual drive aisles. Physical separation is provided when at least one of these options are provided: Individual garage doors for each interior parking space; a vegetated planter not less than four feet in width between the parking spaces in the driveway area; or a wall not less than four feet in height and length, is provided between the parking area in the driveway and dividing the garage entrance; and b. For development in the R-5 and B-2M districts, the applicable structured parking provisions in division 38.500 (Block Frontage Standards) take precedence over any conflicting provisions of division 38.340 or related standards in this section. 2. Building standards. a. Intent: To promote an active and diverse streetscape, parking structures should be located behind buildings in the interior of blocks or below grade. Parking garages that front streets must line the parking garage at the street level with an active use. (1) Street designs accommodate on street parking and pedestrian mobility. Parking lots and garages rarely front the streets, and are typically relegated to the rear of the lot and the center of blocks. (2) Parking garages should be located in the interior of blocks. Parking garages that front onto streets must provide a lining of retail, office, or residential use at the street level along the entire street frontage. b. In all districts, all commercial floor space wrapping must provide a minimum 20 foot depth of habitable and conditioned space as defined by the most currently adopted IBC. c. In all districts, commercial space depth will be considered where the applicant can successfully demonstrate the proposed alternative design and configuration of the space is viable for a variety of permitted commercial uses. d. In all districts, residential active use areas must be 12 feet in depth, except for riser room, trash areas and other functional uses that must face the street. e. In all districts, all commercial floor space wrapping a parking structure on the ground floor must have a minimum floor to ceiling floor height of 13 15 feet. 173 Ordinance 2062, Building Height Clarification Revisions Page 10 of 13 f. Structured parking facilities must provide transparency along at least 50 percent of the linear length of the building's façade. This may be achieved with windows, displays, building lobbies, building entrances, display windows, or windows affording views into the building. This requirement applies to both frontages of a building located on a corner lot. (1) The bottom edge of any window or product display window used to satisfy the transparency standard of this subsection B.3 may not be more than four feet above the adjacent sidewalk. (2) Product display windows used to satisfy these requirements must have a minimum height of four feet and be internally lighted. g. Street-level openings on parking structures must be limited to those necessary for retail store entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator lobbies. Parking structures adjacent to streets must have architectural detailing such as, but not limited to, standard size masonry units such as brick, divided openings to give the appearance of windows, and other techniques to provide an interesting and human-scaled appearance on the story adjacent to the sidewalk. h. Buildings must be articulated with modules, architectural detailing, individual floors visually expressed in the façade, and rhythm and pattern of openings and surfaces must be human-scale. i. Buildings must be oriented to the adjacent public or private street. j. If an alley is adjacent to site, access must be taken from that alley. Access to a street may be considered by the review authority. k. A pedestrian safety plan is required for all parking facilities with more than 100 parking spaces and must be reviewed and approved by the city engineer. The city engineer may request a pedestrian safety plan for parking facilities with less than 100 parking spaces. l. Parking entrance(s) may not account for more than 25 percent of entire building façade. m. Parking entrance(s) must not be located central to the building façade. Section 5 That paragraph A.1 of Subchapter 4B of the Bozeman Guidelines For Historic Preservation And The Neighborhood Conservation Overlay District be amended as follows with all other portions remain unchanged: 174 Ordinance 2062, Building Height Clarification Revisions Page 11 of 13 1. Provide density to meet the goals and objectives of the Downtown Bozeman Improvement Plan. • Floor area ratio for any new construction project shall be a minimum of 1.0 FAR. Lower FAR ratios are acceptable with renovation or remodeling of existing structures. • Floor-to-floor heights for commercial and mixed use buildings ground floors shall be designed to accommodate a variety of current and future uses and must comply with Table 38.320.050 of the municipal code. The first floor level of new commercial and mixed use buildings shall maintain a minimum floor-to-floor height of 15 feet. • Buildings with 100 percent residential uses are exempt from the 15 foot floor-to floor height requirement but are encouraged to consider taller first floors to provide flexibility for a variety of uses over time. Section 6 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 7 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full force and effect. 175 Ordinance 2062, Building Height Clarification Revisions Page 12 of 13 Section 8 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 9 Codification. This Ordinance shall be codified as indicated in Sections 1-4. Section 10 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 176 Ordinance 2062, Building Height Clarification Revisions Page 13 of 13 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ___ day of ________, 20__. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is ______________, 20__. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 177 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Taylor Lonsdale, Engineer III Shawn Kohtz, City Engineer Mitch Reister, Public Works Director SUBJECT:Public Hearing on Protests for Special Improvement District (SID) No. 762 and Adoption of Resolution 5250, Creating SID No. 762 for the Purpose of Undertaking Certain Local Improvements to South 6th Avenue Between Babcock Street and Cleveland Street and Financing the Costs Thereof MEETING DATE:March 2, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:After incorporating the information and findings in the staff memorandum, oral findings made by the Commission during the public hearing, information and findings contained in the proposed resolution, and after considering public comment and hearing all protests and finding them to be insufficient under law to bar further proceedings, I hereby move to adopt Resolution 5250, creating Special Improvement District No. 762 for the purpose of financing local improvements to South 6th Avenue between Babcock Street and Cleveland Street. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:At its February 2, 2021 meeting the City Commission adopted Resolution 5249, declaring it to be the intention of the City Commission to create Special Improvement District (SID) No. 762 (the “District”) for the purpose of undertaking certain local improvements to South 6th Avenue between Babcock Street and Cleveland Street and financing the costs thereof. In accordance with Montana Code Annotated (MCA) Title 7-12 Part 41, notice of the passage of this Resolution was published in the Bozeman Daily Chronicle on February 7, 2021 and February 14, 2021 and mailed to all property owners to be assessed. This established the "Protest Period" as February 8, 2021 to February 24, 2021 at 5:00 PM. Pursuant to Section 7-12-4113, MCA, no further proceedings may be taken on creation of a Special Improvement District if the Commission finds protest has been made by the owners of property in the district to be assessed for more than 50% of the cost of the proposed work. Within the Protest Period, 2 protests were filed with the City Clerk by the property owners of 2 parcels, representing 2.26% percent of the total costs of the improvements to be 178 assessed against properties in the District, as proposed. 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 Willson 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 City’s SID Revolving Fund to the General Fund and then loaning these monies to the North Tracy SID. 179 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 transfer and maintain for this SID in the Revolving Fund to comply with statutory requirements 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 5250.docx Report compiled on: February 10, 2021 180 Resolution 5250 – Creation of SID 762 Page 2 of 3 RESOLUTION 5250 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 762; CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS IN AND ABOUT SOUTH 6TH AVENUE BETWEEN BABCOCK STREET AND CLEVELAND STREET, FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF MUNICIPAL WARRANTS. WHEREAS,on the 2ND day of February, 2021, the City Commission (the "Commission") of the City of Bozeman, Montana (the "City") adopted Commission Resolution No. 5250 (the "Resolution of Intention"), stating its intent to create Special Improvement District No. 762 (the "District") to finance the costs of various improvements within the District as described therein (the "Improvements"); and WHEREAS,as set forth in the Resolution of Intention, the Commission committed other revenue sources from street reconstruction fees to the costs of the project; and WHEREAS,on February 7th and February 14th, 2021, the City Clerk did publish a Notice of Passage of the Resolution of Intent to Create SID No. 762 in accordance with Sect. 7- 12-4106, MCA, and mailed said notice to each person, firm, or corporation or the agent of the person, firm or corporation having real property within the proposed District; and WHEREAS, the Bozeman City Commission conducted a public hearing on protests submitted to the creation of the District on March 2, 2021and did pass on all such protests having found the written protests not sufficient to bar the Commission from proceeding with creation of the District. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 181 Resolution 5250 – Creation of SID 762 Page 2 of 3 Passage of Resolution of Intention.This Commission, on February 2, 2021, adopted the Resolution of Intention, pursuant to which this Commission declared its intention to create the District, under Montana Code Annotated, Title 7, Chapter 12, Parts 41 and 42, as amended, for the purpose of financing costs of certain local improvements within the District described generally therein (the "Improvements"), and paying costs incidental thereto, including costs associated with the creation and administration of the District,and the funding of a Loan from the City's Special Improvement District RevolvingFund (the "Loan"). Section 2 Notice of Passage of the Resolution of Intent and Public Hearing on Protests. Notice of passage of the Resolution of Intention was duly published and mailed in all respects in accordance with law, and on March 2, 2021, this Commission conducted a public hearing on written protests submitted by property owners against the creation of the District and the making of the Improvements. The public hearing occurred on the date of the first regular meeting of the Commission following the expiration of the period ended 15 days after the first date of publication of the notice of passage of the Resolution of Intention (the ''Protest Period"). Section 3 Protests. Within the Protest Period, 2 protests were filed with the City Clerk by the property owners of two parcels, representing 2.26% percent of the total costs of the Improvements to be assessed against properties in the District, as proposed. Section 4 Creation of the District; Insufficiency of Protests. The Commission determines the District is hereby created on the terms and conditions set forth herein and otherwise in accordance with the Resolution of Intention, as modified hereby. The protests against the creation of the District or the making of the Improvements filed during the Protest Period are hereby found to be insufficient. The findings and determinations made in the Resolution of Intention, including, without limitation, those relating to benefits conferred, costs associated with the borrowing of funds from the City's special improvement district revolving fund, and for the creationand administration of the District,are hereby ratified and confirmed. Section 5 Reimbursement Expenditures. 5.01. Declaration of Intent. The City reasonably expects to reimburse the expenditures made for costs of the Improvements out of the proceeds of the Loan from the City's special improvement district revolving loan fund in an estimated maximum aggregate principal amount of $782,129.98 after the date of payment of all or a portion of the costs of the Improvements. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Loan, or other expenditures eligible for reimbursement. The Commission intends to assess the District to reimburse the special improvement district revolving loan fund in an amount equal to the principal of the Loan of 182 Resolution 5250 – Creation of SID 762 Page 2 of 3 $782,129.98 to the District plus interest at approximately 2.5% annually. Over the 20- year term of the Loan from the revolving fund to the District, interest earnings of up to $170,723.30 are estimated to be paid from the District property owners and deposited to the special improvement district revolving fund. In addition to reimbursing the revolving fund on interest the revolving fund would otherwise earn, these interest earnings are intended to satisfy any revolving fund contribution from the district that may be required under 7-12-4222(l)(b),MCA. 5.02. Budgetary Matters. As of the date hereof, there are no City funds reserved, allocated on a long-term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the expenditures related to the Improvements, other than pursuant to the Loan from the City's special improvement district revolving loan fund. The statement of intent contained in this resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof. 5.03. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Resolution of Intention being generally the transfer of the appropriate amount of proceeds of the Loan to reimburse the source of temporary financing used by the City to make prior payment of the costs of the Improvements. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Loan or the Improvements and shall specifically identify the actual original expenditure being reimbursed. 183 Resolution 5250 – Creation of SID 762 Page 3 of 3 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 2nd day of March, 2021. __________________________________ Cynthia L. Andrus Mayor ATTEST: __________________________________ Mike Maas City Clerk APPROVED AS TO FORM: __________________________________ GREG SULLIVAN City Attorney 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 184 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. 5250, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 762 FOR LOCAL IMPROVEMENTS TO SOUTH 6TH AVENUE; CREATING 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 March 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 _____ day of March, 2021. _______________________________________ City Clerk 185 Memorandum REPORT TO:City Commission FROM:Kristin Donald, Finance Director SUBJECT:Resolution 5259, Confirming the Issuance of Warrants in Connection with Special Improvement District No. 762 for Local Improvements to S. 6th MEETING DATE:March 2, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Move to approve Resolution 5259, confirming the issuance of warrants in connection with Special Improvement District No. 762 for local improvements to S. 6th. 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: At its February 2, 2021 meeting the City Commission adopted Resolution 5249, declaring it to be the intention of the City Commission to create Special Improvement District (SID) No. 762 (the “District”) for the purpose of undertaking certain local improvements to South 6th Avenue between Babcock Street and Cleveland Street and financing the costs. The District’s share of the cost of construction of the improvements will be paid for by assessments levied against benefitted properties. Costs of the improvements will be financed by an interfund loan from the Street Reconstruction Fund to the S. 6th SID by purchasing warrants issued by the District. The assessments collected from the District property owners will be used to make the warrant payments. 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. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. 186 FISCAL EFFECTS: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 transfer and maintain for this SID in the Revolving Fund to comply with statutory requirements 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 Street Reconstruction 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. Attachments: Resolution 5259 SID 762 warrant.docx Report compiled on: February 19, 2021 187 COMMISSION RESOLUTION NO. 5259 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 762; AUTHORIZING INTERFUND LOAN AND CITY WARRANTS IN CONNECTION WITH FINANCING COSTS OF CERTAIN LOCAL IMPROVEMENTS TO S. 6TH BETWEEN BABCOCK STREET AND CLEVELAND STREET. WHEREAS, on the 2nd day of February, 2021, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”) adopted Commission Resolution No. 5250 (the “Resolution of Intention”), stating its intent to create Special Improvement District No. 762(the “District”) to finance the costs of various improvements within the District as described therein (the “Improvements”); and WHEREAS, as set forth in the Resolution of Intention, the Commission committed other Street Maintenance District funds to the costs of the project; and WHEREAS, on February 7th and February 14th, 2021, the City Clerk did publish a Notice of Passage of the Resolution of Intent to Create SID No. 762 in accordance with Sect. 7-12-4106, MCA, and mailed said notice to each person, firm, or corporation or the agent of the person, firm or corporation having real property within the proposed District; and WHEREAS, the Bozeman City Commission conducted a public hearing on protests submitted to the creation of the District on March 2, 2021 and did pass on all such protests having found the written protests not sufficient to bar the Commission from proceeding with creation of the District.; and WHEREAS, the Bozeman City Commission on March 2, 2021 adopted Resolution 5259, authorizing the transfer of excess monies of the Special Improvement District Revolving Fund (the “Revolving Fund”) to the Street Reconstruction Fund to purchase warrants (the “Warrants”) to make funds available to finance the District’s share of the costs of the Improvements including the Incidental Costs (“District’s Share of Improvements”), such Warrants to be held by the Street Reconstruction Fund and drawn against the SID 762 S. 6th Special Assessment Fund (the “Special Assessment Fund”); and WHEREAS, the Resolution of Intention and Resolution of Creation contemplate that special assessments levied against benefited properties in the District will repay the City’s Street Reconstruction Fund for the District’s Share of the Improvements plus Incidental Costs in connection with the Improvements. WHEREAS, the City Finance Director has notified the City Clerk, pursuant to Section 7-6-4603, that the designated amounts have been invested; and 188 WHEREAS, the City Commission desires to authorize, ratify, and confirm the sale of warrants for the purpose of purchasing said Improvements from the Street Reconstruction Fund. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, as follows: Section 1 Construction Funds, Accounts, and Amounts. In anticipation of the receipt of special assessments levied against the benefitted properties in the District, the Street Reconstruction Fund of the City will transfer to the SID 762 Construction Account (the “Construction Account”) of the City a total of $781,129.98 to pay the District’s Share of Improvements (the “Interfund Loan”). Section 2 Special Assessments and SID Account. In accordance with the Resolution of Intention, the City determined to charge interest on the principal amount of the special assessments at the rate of 2.5% per annum for a period of twenty years in accordance with §7-12-4189, MCA. The City created the Special Assessment Fund for deposit of special assessments levied by the City and paid by the owners of benefitted properties in the District. Levies of special assessments, using the lot frontage method of assessment, are levied against the benefitted properties in the District such that the special assessments come due on November 30 and May 31 of each fiscal year, with the initial installment of special assessments becoming due November 30, 2021, and the final installment coming due on May 31, 2041. Section 3 Repayment of Street Reconstruction Fund. The Commission confirms the obligation of the District to repay from amounts on hand in such account from receipts of special assessments amounts loaned by the Street Reconstruction Fund to pay costs of the Improvements, together with interest thereon. The Commission authorizes the issuance by the City of serial warrants evidencing the right of the Street Reconstruction Fund to repayments for amounts lent to finance costs of the Improvements and to be repaid by special assessment receipts deposited in the Special Improvement District Fund. The serial warrants also evidence an investment of the City of monies in the Street Reconstruction Fund, with such investment being made from amounts the City has under its control in the Street Reconstruction Fund and for which there is not immediate demand. Such warrants are 20 in number, and are due and owing annually on June 30th, commencing June 30, 2021 and concluding June 30, 2041. The obligation of the Special Assessment Fund to repay the Street Reconstruction Fund is further evidenced by a Memorandum of Interfund Loan in substantially the form attached hereto as Exhibit A, which includes an exhibit thereto setting forth the form of City warrants. 189 Section 4 Compliance with Montana Law. Section 7-12-4201, MCA, provides that all costs and expenses incurred in any special improvement district in the acquisition or construction of any improvement specified in Title 7, chpt. 12, part 41, MCA, shall be paid from special improvement district bonds or warrants. The warrants substantially in the form attached hereto as Schedule 2 to Exhibit A are drawn against the advances made by the Street Reconstruction Fund to the Construction Account and the corresponding advances made from such construction account to pay costs and expenses of the Improvements. In accordance with Section 7-12-4203 through 7-12-4206, MCA, the Commission finds that the terms of the Interfund Loan described above, given due consideration to the range of financing options available to the City, the fixed interest rate of 2.0% on such loan for a term of twenty years results in the lowest possible level of special assessments against benefited properties in the District and therefore the most affordable financing alternative for the owners of such properties as the City could not reasonably obtain financing for costs of the Improvements from third-party sources at a lower fixed interest rate for a term of twenty years. In particular, the City finds the fixed interest rate on the warrants of 2.0% per annum satisfies the “highest and best bidder” standard set forth in Section 7-12-4204, MCA. This Commission determines that it has funds under its control in the Street Reconstruction Fund for which there is no immediate demand and that in the judgment of the Commission it would be advantageous to invest such amount in warrants of the City. Accordingly, the Commission determines to invest $781,129.98 of funds in the Street Reconstruction Fund in the purchase of warrants issued by the SID to be held by the Street Reconstruction Fund of the City, with the acquisition of such warrants being evidenced by transfers of funds from the Street Reconstruction Fund to the Construction Account to pay costs of the Improvements in anticipation of the receipt of special assessments in the Special Improvement District Fund to repay such warrants together with interest thereon. Special assessments levied by the City under Title 7, Chapter 2, Part 41, MCA to repay the warrants create a priority lien against each benefited property in the District in favor of the city for the repayment of the warrants that may be enforced and foreclosed in the manner provided by law to repay the warrants. Section 5 Details Regarding Warrants. The total aggregate principal amount of the warrants acquired by the Street Reconstruction Fund of the City is $781,129.98, to consist of twenty (20) separate warrants payable annually on June 30th, with interest commencing on the date of making the Interfund Loan by transferring $781,129.98 of funds in the Street Reconstruction Fund to the Construction Account, such date also being the date of registration of the warrants per 7-12-4203(1)(a))with the first warrant due on June 30, 2021 and the last warrant due on June 30, 2041. Each warrant bears interest on the amount outstanding at the rate of 2.0% from the date of issue thereof until its payment date as set forth on the face of each warrant, resulting in a total interest payment of $174,296.94 over the 190 twenty-year term. The warrants shall be registered in the offices of City Clerk and the City Treasurer and the determination of the City Treasurer to purchase the warrants from amounts in the Street Reconstruction Fund, with such purchase being evidenced by the transfer of funds from the Street Reconstruction Fund to the Construction Account and subsequent transfers from the Construction Account to pay costs and expense of the Improvements, is hereby authorized. The warrants shall bear the signatures of the Mayor and City Clerk. The City Treasurer has notified the City Clerk to draw the warrants in substantially the form attached hereto as Schedule 2 to Exhibit A. Section 6 Effect of Resolution. The Commission hereby confirms the Street Reconstruction Fund, which shall hold the warrants, is entitled to repayment, with interest, of the amounts made available for the Improvements, and that the Warrants constitute an investment by the City of available amounts in the Street Reconstruction Fund. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the ___ day of ___________, 2019. __________________________________ Cynthia L. Andrus Mayor ATTEST: ________________________________________ Mike Maas City Clerk APPROVED AS TO FORM: __________________________________ GREG SULLIVAN City Attorney 191 A-1 EXHIBIT A MEMORANDUM OF INTERFUND LOAN The City of Bozeman, Montana (the “City”) hereby acknowledges and confirms the terms of an interfund loan (the “Loan”) by the Street Reconstruction Fund of the City to pay the costs of certain Improvements (described below) and the obligation of the SID 762 S. 6th Special Improvement District Fund (the “Special Improvement District Fund”) to repay the Loan from the special assessments levied against certain benefitted properties in connection with improvements to S. 6th between Wilson and S. 8th Avenue (the “Improvements”) to be undertaken pursuant to the creation of Special Improvement District (“SID”) No. 750 (the “District”). Background: A. The City, by Resolution No. 5249, adopted by the City Commission (the “Commission”) on February 2, 2021 (the “Resolution of Intention”) sought to create the District for the purpose of financing costs of the Improvements in anticipation of the receipt of special assessments levied against benefited properties in the District to repay the Loan to be made by the Street Reconstruction Fund to finance the District’s share of the estimated costs of the Improvements of $781,129.98 as stated in Resolution No. 5249. B.The City duly mailed and caused to be published a notice of passage of the Resolution of Intention and afforded owners of the benefited properties the opportunity to protest the creation of the District in accordance with Montana law. The owners of two parcels within the District boundaries, representing 5.75% of the total costs of the Improvements, protested the creation of SID 762. C.Following a public hearing and finding that insufficient protests by owners of benefited properties were timely made, the Commission, on March 2, 2021, adopted Resolution No. 5250 creating SID 762. D.The City intends to levy special assessments to give rise to funds to repay the Loan and desires to acknowledge and set forth certain details with regard to the Loan, including the 192 A-2 issuance by the City of certain warrants held by the Street Reconstruction Fund to evidence the obligation of the Special Assessment Fund to repay the Loan. NOW, THEREFORE, the City hereby declares as follows: 1.Terms of Interfund Loan. The City hereby authorizes the making of the Loan effective as of November 1, 2021 (the “Transfer Date”) of $781,129.98 from the Street Reconstruction Fund to the SID 762 Construction Account of the City (the “Construction Account”) from available amounts in the Street Reconstruction Fund, the terms of the Loan, and the obligation of the Special Improvement District Fund to repay the Loan from available amounts deposited in the Special Improvement District Fund from collections of special assessments levied against benefited properties in the District. In accordance with Resolutions 5249 and 5250, the total principal amount of the Loan is $781,129.98, the interest rate on the principal outstanding under the Loan is 2.0%per annum, the term of the Loan is approximately twenty years commencing on the Transfer Date and concluding June 30, 2041, and the Loan is payable in twenty (20) annual installments of principal and interest, with each installment in an equal amount (except that the initial installment may be in a different amount), as evidenced by the amortization schedule attached hereto as Schedule 1. 2.Obligation to Make Repayments. The City will levy special assessments against the benefited property in the District in accordance with Resolutions 5249 and 5250. Special assessments when received by the City must be deposited in the Special Assessment Fund on or before June 30th, to make installment payments on the Loan to the Street Reconstruction Fund, commencing June 30, 2021 and concluding June 30, 2041. 3.Right to Receive Payments. To evidence the Loan and a City investment of available funds, the Street Reconstruction Fund will hold serial warrants, with each warrant corresponding to each of the annual payments. Such warrants, which are to be issued in accordance with Section 7-12-4204,MCA, (the City having found that the fixed interest rate of 2.0% per annum for 20 years makes the City the “highest and best bidder”) are registered in the offices of the City Treasurer and the City Clerk, drawn in accordance with the instructions of the City Treasurer, and outstanding until canceled upon receipt of the applicable installment payment from the Special Assessment Fund. The warrants are in substantially the form of the attached Schedule 2. Special assessments levied by the City under Title 7, Chapter 12, Part 41, MCA, to repay the warrants create a priority lien against each benefited property in the District in favor of the City 193 A-3 for the repayment of the warrants that may be enforced and foreclosed in the manner provided by law to repay the warrants. 4.Details of Payments. Payments from the Special Improvement District Fund to the Street Reconstruction Fund in satisfaction of each warrant are to be made solely from the collection of special assessments levied against benefited properties in the District. Each warrant may be prepaid if the City so elects from available amounts in the Special Improvement District Fund, or, to maintain a level repayment schedule,the City may elect to hold amounts in the Special Improvement District Fund to make payments as scheduled by each warrant. The amounts repaid to the Street Reconstruction Fund in satisfaction of the Loan may be used by the City in any manner allowed by law. 5.Limited Obligation. The Loan and the warrants that evidence the Loan are made pursuant to or in compliance with Resolution 5249, Resolution 5250, Section 7-6-4603,MCA, Section 7-12-4201, MCA, and Sections 7-12-4203 through 7-12-4206, MCA. The Loan is a limited obligation payable only from payments of special assessments deposited in the Special Improvement District Fund and the Loan and interest thereon shall not be a Street Reconstruction obligation of the City and the City shall have no obligation to pay principal of or interest on the Loan which may remain unpaid after an installment payment date except from available amounts in the Special Improvement District Fund. If amounts are not available in the Special Improvement District Fund to pay a warrant as of its maturity date, amounts will first be applied to pay interest and then principal, as further described in the form of the warrant. 6.Interpretation. This Memorandum of Interfund Loan memorializes the City’s intention with regard to financing the costs of the Improvements and shall be read liberally to comport with and to ratify and confirm all prior resolutions, acts, and undertakings of the City, and all applicable laws of the State of Montana in connection therewith. IN WITNESS WHEREOF, this Memorandum of Interfund Loan is made by the City to confirm and authorize all matters within its scope as and when such matters arose, including the Loan 194 A-4 effective as of the date of the Transfer Date, and to govern matters within its scope that may in the future arise. Dated this __ day of _________, 2021. __________________________________ Jeff Mihelich City Manager ATTEST: ________________________________________ Mike Maas City Clerk APPROVED AS TO FORM: __________________________________ GREG SULLIVAN City Attorney 195 A-1 SCHEDULE 1 Amortization Schedule: 196 A-1 SCHEDULE 2 Warrant No.1: Due June 30, 2021 SPECIAL IMPROVEMENT DISTRICT NO. 762 Issued by the City of Bozeman, Montana in Connection with SID 762 and Held by the Street Reconstruction Fund The City Treasurer of the City of Bozeman, Montana (the “City”), agrees to pay to the Street Reconstruction Fund the sum of $781,129.98, as authorized by Resolution Nos. 5249 and 5250 adopted on February 2, 2021 and March 2, 2021, respectively, in repayment of the total amount advanced by the Street Reconstruction Fund to the SID 762 Construction Account for paying the costs of certain improvements to S. 6th as described in Resolution No. 5249, with interest thereon at the rate of 2.0% per annum, as authorized in said resolutions, and all laws, resolutions and ordinances relating thereto, but only from amounts then available in the SID 762 S. 6th Special Improvement District Fund (the “Special Improvement District Fund”). This warrant does not constitute a pledge of the Street Reconstruction credit of the City nor does it create a Street Reconstruction liability against the City. This warrant is drawn in accordance with that certain Memorandum of Interfund Loan, dated March 2, 2021, by the City, in connection with the Loan described therein effective as of November 1, 2021, is issued by the City pursuant to Section 7-6-4603, MCA., and represents one of forty (20) sequentially numbered warrants, payable the 30th day of June of each year, commencing on June 30, 2022 and ending June 30, 2041. This warrant represents the total amount of principal and accrued interest, as reflected on the applicable Payment Date shown on the attached Exhibit A, This warrant is payable upon presentment to the City Treasurer, on its redemption date, only from amounts available in the Special Improvement District Fund, which is funded by the collection of special assessments levied against the benefited property within the District, as described in the resolutions referred to above. This warrant is redeemable at the option of the City at any time there are funds to the credit of said Special Improvement District Fund for the redemption thereof, and in the manner provided for the redemption of the same, and, if sufficient funds are then available in the Special Improvement DistrictFund, may be prepaid in the discretion of the City.If this warrant is timely paid in full, it will be marked canceled by the City Treasurer and then filed with the City Clerk. In the event that there are insufficient funds in the Special Improvement District Fund to pay and redeem this warrant upon its maturity and presentation, interest shall first be paid. This warrant shall continue to accrue interest on a pro-rata basis with other warrants then outstanding at the rate of 2.0 % from the date of matured presentation until the actual date of redemption. If funds are not available in the Special Improvement District Fund to pay and redeem this warrant, the City shall have no obligation to pay and redeem this warrant; provided that the City shall have all rights to enforce the repayment of special assessments and the lien created thereby against benefited properties in the District to repay this warrant. It is hereby certified and recited, that all things required to be done precedent to the issuance of this warrant have been properly done, happened and been performed in the manner prescribed by the laws of the State of Montana and the resolutions and ordinances of the City related to the issuance hereof. 197 A-2 NOTICE: The City exercises its preference right to purchase this warrant. Registration Date of this Warrant: March 2, 2021. __________________________________ Cynthia L. Andrus Mayor Registered at the offices of the City Treasurer and City Clerk of the City of Bozeman, Montana effective as of this March 2, 2021. City Finance Director City Clerk 198 A-1 EXHIBIT A Amortization Schedule: 199 Memorandum REPORT TO:City Commission FROM:Mitch Reister - Director of Public Works SUBJECT:Kagy Boulevard Expansion Informational Session MEETING DATE:March 2, 2021 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:None STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The Kagy Blvd Reconstruction Project seeks to improve 1.1 miles of Kagy Blvd between South 19th Ave to Willson/South 3rd Ave by replacing the existing 2-3 lane section with a multilane transportation facility that includes robust bike and pedestrian facilities. The project -- which is funded with a combination of Federal STP-U and City funds and is scheduled for construction starting in 2025 -- will widen Kagy Blvd to 4-lanes with multilane roundabouts at 11th and 7th Streets and either a roundabout or improved signalized intersection at Willson/3rd Ave. Planned bike and pedestrian facilities include separated pathways for each mode on both sides of Kagy, with grade separated bike/pedestrian crossings at 11th Street and at Bobcat Stadium. The project is currently entering the preliminary engineering (design) phase and is being managed by MDT, who has contracted with Sanderson Stewart, Inc. for project design and management services. UNRESOLVED ISSUES:As determined by the Commission ALTERNATIVES:None at this time FISCAL EFFECTS:Current project estimate (for all phases) is $16.8M, which will be funded through Federal STP-Urban and City funds. The current City share of the project costs is programmed at $4.0M. Report compiled on: February 24, 2021 200 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Appointments to the Bozeman Tree Advisory Board (BTAB) MEETING DATE:March 2, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint two members to Bozeman Tree Advisory Board (BTAB), 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 Tree Advisory Board has two vacant positions due to term expirations as of June 30, 2020. Two term renewal applications have been received. The Bozeman Tree Advisory Board is created under Ordinance No. 1364, adopted by the City Commission on April 26, 1993, as codified in Chapter 2.92 of the Bozeman Municipal Code. The Board is comprised of five members appointed by the City Commission, serving staggered two-year terms. Whenever possible, two of the members shall be from the following disciplines: real estate, commercial lending, civil or environmental engineering, or landscape architecture or construction. Members shall be residents of the City, own property within the City, or be gainfully employed within the City. The Board is advisory to the Commission, providing guidance and advice regarding the City's tree program and developing a proposed arboricultural specification manual and any needed revisions. The Bozeman Tree Advisory Board currently has three vacancies. The City Clerk’s Office has received three applications, with their relevant qualifications indicated below. Two positions expiring June 30, 2022 | Qualifies: S. Makoutz; W. Hoch Applicants: Scott Makoutz William Hoch 201 Commissioner Michael Wallner is the City Commission liaison for this board. BTAB appointments are Commission appointments. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 01-19-21 CAB Application - W. Hoch, Reapplicant.pdf 06-16-20 CAB Application - S. Makoutz, reapplication.pdf Report compiled on: February 19, 2021 202 From:webadmin@bozeman.net To:Agenda Subject:Citizen Advisory Board Application Date:Tuesday, January 19, 2021 9:37:24 AM A new entry to a form/survey has been submitted. Form Name:Citizen Advisory Board Application Date & Time:01/19/2021 9:37 AM Response #:320 Submitter ID:34208 IP address:153.90.150.142 Time to complete:4 min. , 6 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 203 First Name William Last Name Hoch Physical Address 414 Sanders Ave PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59718 Primary Phone (406) 994-5064 Additional Phone Not answered Current Occupation Professor of Horticulture Employer Montana State University Email bhoch@montana.edu Which position are you applying for? (○) Tree Advisory Board 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?) Tree Advisory Board for over 14 years Please explain your relevant qualifications, interests and experiences: See previous application References: Please provide name, phone, and email contact information for two references. Reference 1 See previous application Reference 2 See previous application The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? (○) Yes How did you hear about this board or vacancy? Current member Is there any other information that you feel we need to know? 204 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. 205 From:webadmin@bozeman.net To:Agenda Subject:Citizen Advisory Board Application Date:Tuesday, June 16, 2020 9:50:31 PM A new entry to a form/survey has been submitted. Form Name:Citizen Advisory Board Application Date & Time:06/16/2020 9:50 PM Response #:246 Submitter ID:27723 IP address:98.127.255.28 Time to complete:4 min. , 30 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 206 First Name Scott Last Name Makoutz Physical Address 1133 n spruce dr. PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59715 Primary Phone (406) 209-1163 Additional Phone Not answered Current Occupation Self employed Employer Gallatin Tree Care Email smakoutz@gmail.com Which position are you applying for? (○) Tree Advisory Board 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?) Tree board. 8 years Please explain your relevant qualifications, interests and experiences: Returning member References: Please provide name, phone, and email contact information for two references. Reference 1 Bill hoch Fellow board member bill.hoch@montana.edu Reference 2 Alex Nordquest anordquest@bozeman.net 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? 207 Returning member 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. 208 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Appointments to the Bozeman Area Bicycle Advisory Board (BABAB) MEETING DATE:March 2, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint three members to the Bozeman Area Bicycle Advisory Board (BABAB) with terms expiring December 31, 2022. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Bozeman Area Bicycle Advisory Board (BABAB) currently has three vacant positions and one member whose terms expired December 31, 2020. Two new applications have been received. One reapplication has been received. Bozeman Area Bicycle Advisory Board (BABAB) was created by the City Commission in September 1990 through Resolution No. 2817 . Its purpose is to recommend safe bicycle practices throughout Bozeman in regard to enhanced bicycle circulation and design, community-wide bicycle education and safety programs, and other matters relating to bicycling in the Bozeman area. Bozeman Municipal Code Sec. 2.05.2510 Membership. A. The bicycle advisory board shall consist of up to 11 voting members and one non-voting liaison to be appointed by the city commission. One member shall be a student of Montana State University. One member representing the county may be recommended by the county commission and appointed by the city commission. One additional non-voting liaison shall be a student of Bozeman High School. Members of this board shall serve two-year staggered terms. Each member may be reappointed without any limitation on the number of reappointments. Vacancies shall be filled in the same manner as original appointments for the balance of the term remaining. B. With the exception of the non-voting high school liaison, only persons of legal age may be appointed to the board. High school representatives under age 18 must provide a signed consent from a legal guardian stating they may 209 participate in board activities. A majority of the board shall be residents of the city. Nonresident members of the board shall have some interest in the city by virtue of working in the city, owning property in the city, or entering the city frequently for any lawful purpose. In addition, the members should be knowledgeable of bicycling and/or traffic safety in the Bozeman area. This board currently has three vacant positions and one member whose term expired December 31, 2020. The City Clerk’s Office has received three applications, with their relevant qualifications indicated below. At-Large Voting, expiring December 31, 2022 | Qualifies: B. Bjornson, M. Opel, K. Davis Applicants: Kristin Davis Blake Bjornson Marshal Opel Commissioner Terry Cunningham is the City Commission liaison for this board. BABAB appointments are Commission appointments. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 01-08-2021 CAB Application - K. Davis, reapplicant.pdf 02-03-2021 CAB Application - B. Bjornson, new applicant.pdf 02-10-21 CAB Application - M. Opel, new applicant.pdf Report compiled on: February 19, 2021 210 From:webadmin@bozeman.net To:Agenda Subject:Citizen Advisory Board Application Date:Friday, January 8, 2021 5:00:41 PM A new entry to a form/survey has been submitted. Form Name:Citizen Advisory Board Application Date & Time:01/08/2021 5:00 PM Response #:317 Submitter ID:33942 IP address:174.45.252.38 Time to complete:6 min. , 4 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 211 First Name Kristin Last Name Davis Physical Address 1115 E Kagy Blvd PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59715 Primary Phone (847) 809-2685 Additional Phone Not answered Current Occupation Registered Nurse Employer MSU & Bozeman Health Email kristin.miekel.davis@gmail.com Which position are you applying for? (○) Bozeman Area Bicycle Advisory Board (BABAB) 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? (○) Yes (If Yes, where and how long?) BABAB for 1.5 years Please explain your relevant qualifications, interests and experiences: I am a current member of the board and just became the secretary a few months ago. I would like to continue my work with the board to help Bozeman continue to improve bike safety and bike routes throughout the city and the surrounding area. As a nurse, I feel a city with safe bike routes is a healthier, happier city. References: Please provide name, phone, and email contact information for two references. Reference 1 Mark Buckner 312-945-1754 buckner.a.mark@gmail.com Reference 2 Jason Delmue 406-600-2896 delmue@yahoo.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. 212 If appointed, do you understand you will be expected to take online and in person ethics training? (○) Yes How did you hear about this board or vacancy? I am on the board 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. 213 From:webadmin@bozeman.net To:Agenda Subject:Citizen Advisory Board Application Date:Wednesday, February 3, 2021 8:22:07 AM A new entry to a form/survey has been submitted. Form Name:Citizen Advisory Board Application Date & Time:02/03/2021 8:21 AM Response #:325 Submitter ID:34698 IP address:66.171.188.154 Time to complete:58 min. , 25 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 214 First Name Blake Last Name Bjornson Physical Address 202 Pioneer Dr Apt 41 PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59715 Primary Phone (406) 471-8730 Additional Phone Not answered Current Occupation Project Manager Employer OneEnergy Renewables Email blake.bjornson@gmail.com Which position are you applying for? (○) Bozeman Area Bicycle Advisory Board (BABAB) 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? (○) No Please explain your relevant qualifications, interests and experiences: I love bikes. After attempts to be more eloquent, I realized that's all there is to it. I believe that the bike is our noblest invention and that it has healing powers. I can be having a terrible day, and after just a few rotations of my pedals, a sigh ripples through my body and I return to peace. The bike is one pathway to breath, to the present. I am an avid biker of all shapes and sizes - mountain, road, adventure, urban cruise, cyclo-cross, e-, fat, touring, cruisers, etc. Through sun, snow and those nastier seasons in-between, the bicycle is my primary vehicle for getting around town. Just over two years ago, I returned to Bozeman after five years in Seattle where I commuted by bike (except on just the heaviest downpour days) and explored all corners of the city by bike. That city's biking infrastructure showed me the potential for what could be: safe, accessible, adequate, prioritized. I want to join BABAB to advocate for cyclists in our car-dominated world. COVID spurred a massive growth of the cycling industry in 2020 and the growing adoption of e-bikes will continue this growth. The City of Bozeman must provide space for us to travel safely and I believe with the right investments and minor changes to our infrastructure, we can do just that. Beyond safety, the benefits of biking are clear: better 215 health, connected communities, increased property values and fewer cars trying to park downtown. I look forward to being part of this change. From a qualifications perspective, I have participated in organizations since my high school days when I started the Environmental Club at Whitefish High School. Here at MSU, I led NECO, campus's late, great environmental organization and participated in student government, ultimately serving as the student body president. Through both of those organizations, I advocated for and led sustainability initiatives including the establishment of the MSU Office of Sustainability, a revolving loan fund for utility efficiency projects and the Student Union Building Solar project. I feel that BABAB is an excellent opportunity to continue advocating for sustainability in all its forms - environmental, social and economic. *credit: William Saroyan References: Please provide name, phone, and email contact information for two references. Reference 1 Marshall Opel, 406-207-0981, marshallopel@gmail.com Reference 2 Jonah Barta, 406-824-1700, jonahvbarta@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 How did you hear about this board or vacancy? Not answered 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. 216 From:webadmin@bozeman.net To:Agenda Subject:Citizen Advisory Board Application Date:Wednesday, February 10, 2021 1:11:14 PM A new entry to a form/survey has been submitted. Form Name:Citizen Advisory Board Application Date & Time:02/10/2021 1:10 PM Response #:328 Submitter ID:34939 IP address:2600:6c67:5000:d78b:55aa:e5f2:964c:cb17 Time to complete:3 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 217 First Name Marshall Last Name Opel Physical Address 12 W Garfield PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59715 Primary Phone (406) 207-0981 Additional Phone Not answered Current Occupation Coach / Writer Employer Marshall Opel Email marshallopel@gmail.com Which position are you applying for? (○) Bozeman Area Bicycle Advisory Board (BABAB) 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? (○) No Please explain your relevant qualifications, interests and experiences: I was lucky. I grew up in Missoula's Rattlesnake valley where I had networks of trails and paths to ride throughout my childhood. As a teenager, started road bike racing and was one of the only junior bike racers in Montana. I persisted and raced my way on to the U.S. National Team. I spent one season racing semi- professionally in France before returning to Montana to finish college at Montana State. After graduating, I joined the marketing team at Rapha, a leader of cycling culture worldwide. Most recently, I've worked in cycling journalism. I hosted a podcast at the 2018 Tour de France and spent 2019 traveling the U.S. telling stories about alt-surface racing for Cyclingtips.com. I'm currently a Nordic coach for the Bridger Ski Foundation and freelance writer for cycling brands and events. I believe lifestyle sports like cycling can and should work to be ever-more egalitarian. Here in Bozeman, we can build low-angle urban flow trails (LAUF) that bring playfulness of the typically less accessible genre of mountain biking to people's neighborhoods, parks and public spaces. LAUF trails spur active lifestyles with easy-to-ride trails and paths that have rolling banks, berms, chicanes, and other such features. With LAUF trails urban riding becomes more than utility, it's a portal to playfulness and well-being. We know that incorporating physical activity on a daily basis is keystone to wellness. The city of Bozeman (with lots of help from GVLT) has made important steps towards LAUF trails with projects like Main Street- To-The-Mountains. 218 As our valley grows, we need to push for more urban cycling infrastructure both on the streets and with trials. When we do, it opens a door to grow the sport. References: Please provide name, phone, and email contact information for two references. Reference 1 Blake Bjornson 406-471-8730 blake.bjornson@gmail.com Reference 2 Jonah Barta 406-824-1700 jonahvbarta@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 How did you hear about this board or vacancy? Not answered 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. 219