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HomeMy WebLinkAbout04-13-21 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - Via WebEx B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.FYI E.Commission Disclosures F.Approval of Minutes F.1 Approve the Regular Meeting Minutes from: March 23, 2021 April 6, 2021  Approve the Executive Session Minutes from: March 9, 2020 (executive session minutes to be distributed separately)(Maas ) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, April 13, 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=e4bf468e88719cba35f6f441d52be4579 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: 182 760 1795 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. 1 G.Consent G.1 Accounts Payable Claims Review and Approval (Stewart) G.2 Authorize the City Manager to Sign a Notice of Award to Omdahl Excavation, Inc. for Construction of the 2021 South 6th Avenue Reconstruction Project(Gamradt) G.3 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Store Master Funding VI, LLC for the Gibson Guitar Manufacturing Facility Site Plan (20302)(Flammond) G.4 Authorize the City Manager to Sign a City/State Memorandum of Agreement - South 19th Avenue/S-345 Bozeman, March 2021 with the Montana Department of Transportation for Maintenance of South 19th Adjacent to the Blackwood Groves Annexation(Kohtz) G.5 Authorize the City Manager to Sign a Water Delivery Agreement with Farmers Canal Company of Gallatin County(Heaston) G.6 Authorize the City Manager to Sign a Contract with Missouri River Contractors for the Construction of Changes to the Bike Lanes on Peach Street at Rouse Avenue(Lonsdale) G.7 Authorize the City Manager to Sign a Professional Services Agreement with Grounds Guys of Bozeman, LLC for Landscape Maintenance Services in the Parks and Trails District(Kline ) G.8 Authorize the City Manager to Sign an Amendment Number One to the Contract Agreement with VertiGIS for the Capital Planning Project Application and Workflow Development Project for the Additional Funds of $50,000 for a Contract Total of $83,600(Collins) H.Public Comment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. I.Action Items I.1 Presentation of Community Development Fee Study and Recommendations (Donald) I.2 Resolution 5286, Adopting Planning Fees for FY22 and FY23 (Donald) I.3 Resolution 5287, Adopting Building Inspection Fees Adopting International Code Council (ICC) Valuation & Fee Calculation(Donald) I.4 Bozeman Gateway Planned Unit Development Major Modification, Application 20051(Rosenberg) I.5 Ordinance 2072 Provisional Adoption, An Ordinance of the City Commission of the City of 2 Bozeman, Montana Amending Chapter 36 Definitions; and Establishing License Requirements and Fees for Commercial Shared Micromobility Businesses; and Providing an Effective Date(Lonsdale) J.Appointments J.1 Appointments to the Fire Code Board of Appeals (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. 3 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Approve the Regular Meeting Minutes from: March 23, 2021 April 6, 2021 Approve the Executive Session Minutes from: March 9, 2020 (executive session minutes to be distributed separately) MEETING DATE:April 13, 2021 AGENDA ITEM TYPE:Minutes RECOMMENDATION:I move to approve the combined City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerk’s Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment From August of 2013 through December 2020, the City Commission Minutes have been linked with audio and video using AV Capture. In addition to the City Commission, many Citizen Advisory Boards utilize the system as well. Beginning December 14, 2020 the City Commission and many Citizen Advisory Boards moved to our new Granicus Streaming Platform. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. https://www.bozeman.net/government/city-commission/city-commission- video 4 Users are always welcome to contact the City Clerk’s Office at 582-2320 or email agenda@bozeman.net for assistance. To view the video and the minutes of the March 23, 2021 that are linked to the video please click here To view the video and the minutes of the April 6, 2021 that are linked to the video please click here UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 03-23-21 FINAL MINUTES City Commission Meeting.pdf 04-06-21 DRAFT MINUTES City Commission Meeting.docx Report compiled on: March 18, 2021 5 Bozeman City Commission Meeting Minutes, March 23, 2021 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES March 23, 2021 Present: Mayor Andrus, Deputy Mayor Cunningham, I-Ho Pomeroy, Jennifer Madgic Absent: None Staff Present in the WebEx: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Jesse DiTommaso A) 00:07:45 Call to Order - 6:00 PM - WebEx Video Conference B) 00:07:52 Pledge of Allegiance and a Moment of Silence C) 00:08:34 Changes to the Agenda • There were no changes to the agenda. D) 00:08:48 FYI • Mayor Andrus expressed condolences to the communities of Boulder, CO and Atlanta, GA in wake of the two mass shootings earlier this week. • DM Cunningham noted Thursday's Climate Partner's Working group at 2:00pm and Thursday's Fuel's Reduction program. He noted the vaccine distribution in Bozeman and encouraged the community to sign up for the vaccine. • Cr. Pomeroy noted the Board of Health Meeting Thursday at 7:00am. • CM Mihelich announced the library reopening on Tuesday, March 30, 2021. He announced the Police Chief job has been offered to Jim Veltcamp. He noted the community engagement process in the selection of Police Chief. E) Commission Disclosures F) 00:16:08 Approval of Minutes F.1 Approve the Regular Meeting Minutes from: March 9, 2021 March 2, 2021 February 23, 2021 February 9, 2021 February 2, 2021 December 8, 2020 6 Bozeman City Commission Meeting Minutes, March 23, 2021 Page 2 of 10 December 1, 2020 November 24, 2020 November 17, 2020 November 10, 2020 October 27, 2020 October 20, 2020 October 13, 2020 October 6, 2020 September 22, 2020 February 3, 2020 January 13, 2020 January 6, 2020 Approve the Special Meeting Minutes from: November 9, 2020 November 7, 2020 October 7, 2020 August 11, 2020 Approve the Emergency Meeting Minutes from: April 3, 2020* Executive Session minutes to be distributed separately March 23, 2020 Approve the Executive Session Minutes from: April 3, 2020 Cover Page 03-09-21 FINAL MINUTES City Commission Meeting.docx 03-02-21 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 02-23-21 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 02-09-21 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 02-02-21 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 12-08-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 12-01-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 11-24-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 11-17-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 11-10-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 11-09-20 FINAL MINUTES City Commission Special Meeting of Bozeman, Montana.docx 11-07-20 FINAL MINUTES City Commission Special Meeting of Bozeman, Montana.docx 10-27-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 10-20-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 10-13-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 10-07-20 FINAL MINUTES City Commission Special Meeting of Bozeman, Montana.docx 10-06-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 09-22-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 08-11-20 FINAL MINUTES City Commission Special Meeting of Bozeman, Montana.docx 04-03-20 FINAL MINUTES City Commission Special Meeting of Bozeman, Montana.docx 03-23-20 FINAL MINUTES City Commission Emergency Meeting of Bozeman, Montana.docx 02-03-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 01-13-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana part 2.docx 01-13-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana part 1.docx 7 Bozeman City Commission Meeting Minutes, March 23, 2021 Page 3 of 10 01-06-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 00:16:17 Motion I move to approve minutes from March 9, 2021, March 2, 2021, February 23, 2021, February 9, 2021, February 2, 2021, December 8, 2020, December 1, 2020, November 24, 2020, November 17, 2020, November 10, 2020, October 27, 2020, October 20, 2020, October 13, 2020, October 6, 2020, September 22, 2020, February 3, 2020, January 13, 2020, January 6, 2020 and to approve the Special Meeting Minutes from November 9, 2020, November 7, 2020, October 7, 2020, August 11, 2020 and to approve the Emergency Meeting Minutes from April 3, 2020, and Executive Session minutes to be distributed separately from March 23, 2020 and approve the executive session minutes from April 3, 2020. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:17:50 Vote on the Motion to approve minutes from March 9, 2021, March 2, 2021, February 23, 2021, February 9, 2021, February 2, 2021, December 8, 2020, December 1, 2020, November 24, 2020, November 17, 2020, November 10, 2020, October 27, 2020, October 20, 2020, October 13, 2020, October 6, 2020, September 22, 2020, February 3, 2020, January 13, 2020, January 6, 2020 and to approve the Special Meeting Minutes from November 9, 2020, November 7, 2020, October 7, 2020, August 11, 2020 and to approve the Emergency Meeting Minutes from April 3, 2020, and Executive Session minutes to be distributed separately from March 23, 2020 and approve the executive session minutes from April 3, 2020. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None G) 00:18:07 Consent G.1 Accept Resignation of City Commissioner Michael Wallner Cover Page Wallner Resignation Notice.docx G.2 Accounts Payable Claims Review and Approval Cover Page G.3 Authorize the Mayor to Sign the Certified Local Government Grant Contract for 2021- 2022 with the Montana State Historic Preservation Office Cover Page HP CLG 2021-2022.pdf G.4 Authorize the City Manager to a Sign Midtown Tax Increment Finance Assistance Program Grant Agreement with PDI Investments, LLC for Redevelopment at 431 North 7th Avenue Cover Page Access Fitness Board Packet 20200903.pdf 8 Bozeman City Commission Meeting Minutes, March 23, 2021 Page 4 of 10 G.5 Authorize the Mayor to Sign the Norton Ranch Phase 5 Major Subdivision Findings of Fact and Order, Application 21024 Cover Page 21024 CC FOF.pdf G.6 Authorize the City Manager to Sign a Notice of Award to Dick Anderson Construction, Inc. for the Water Reclamation Facility Solids Dewatering Building Expansion and Headworks Improvements Project, and Final Contract Documents Once Received Cover Page Certified Bid Tabulation Recommendation to Award_Mar 10 2021.pdf 00 51 10 - EJCDC C-510 NOTICE OF AWARD 2018.pdf G.7 Authorize the City Manager to Sign a Public Utility Easement, an Emergency Services Access Easement, and a Public Pedestrian Access Easement with Bangtail Partners, LLC for the Cottonwood and Ida PUD Project (20221) Cover Page Public Utility Easement Emergency Services Access Easement Public Pedestrian Access Easement G.8 Authorize City Manager to Sign a Conditional Irrevocable Offer of Dedication with the Human Resource Development Counsel, District IX (HRDC) for Infrastructure Improvements for the Housing First Village Site Plan Project (20348) Cover Page Irrevocable Offer of Dedication Housing First Village 03032021 signed.pdf G.9 Authorize the City Manager to Sign a Utility Easement with the Human Resource Development Counsel for Infrastructure Improvements to the Housing First Village Cover Page 2021-01-04_HFV utility easement-draft.pdf G.10 Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement with the Human Resource Development Counsel (HRDC) for Infrastructure Improvements to the Housing First Village Cover Page 2021-01-04_HFV Water-Sewer Easement-draft.pdf G.11 Authorize the City Manager to Sign a Professional Services Agreement with the National League of Cities Race, Equity, and Leadership (REAL) for Training Services Cover Page PSA - REAL Training.docx NLC-REAL Scope for the City of Bozeman MT 2021-02-10.pdf G.12 Authorize the City Manager to Sign a Professional Services Agreement with Aero- Graphics for the 2021 Greater Bozeman Area Digital Orthoimagery Project Cover Page Professional Services Agreement - Digital Orthoimagery 2021 Exhibit A - Aero-Graphics Scope of Services Aero-Graphics Certificate of Insurance Bozeman Aerial Photography RFP G.13 Authorize the City Manager to Sign a Professional Services Agreement with Hydro Logistics Irrigation, LLC for Irrigation System Maintenance Services in the Parks and Trails District Cover Page 9 Bozeman City Commission Meeting Minutes, March 23, 2021 Page 5 of 10 Professional Services Agreement.pdf Exhibit A Scope of Services Irrigation Maintenance Zone 1.pdf Exhibit B Quote for Irrigation Services Zone 1.pdf G.14 Authorize the City Manager to Sign a Professional Services Agreement with Stay Green Sprinklers, Inc. for Irrigation System Maintenance Services in the Parks and Trails District Cover Page Professional Services Contract.pdf Exhibit A Scope of Services Irrigation Maintenance Zone 2.pdf Exhibit B Quote for Irrigation Services Zone 2.pdf G.15 Authorize the City Manager to Sign a Professional Services Agreement with Groundprint, LLC for Consultant Services for Community Development Projects Cover Page PSA Groundprint LLC with Exhibits.pdf G.16 Authorize the City Manager to Sign an Equipment Procurement Contract with Huber Technology, Inc. to Purchase the New Screw Press and New Headworks Screen Needed for the Water Reclamation Facility Solids Dewatering Building Expansion and Headworks Improvements Project Cover Page Equipment Procurement Contract Docs G.17 Authorize the City Manager to Sign an Amendment 1 to a Professional Services Agreement with Sanderson Stewart to Provide Final Design and Construction Engineering Services for the Kagy Boulevard Signal Analysis and Pedestrian Hybrid Beacon Design Project Cover Page 20210323_Kagy Boulevard PSA Amendment No 1.docx 20210323_Kagy_Design_SOW.pdf 20210323_Labor Summary - Kagy Boulevard Design Phase.pdf G.18 Authorize the City Manager to Sign an Updated Task Order 14 with Sanderson Stewart for Right-of-Way Acquisition for the Shared Use Path Along North 19th Avenue Cover Page updated Task Order 14 with Sanderson Stewart for Right of Way services for N 19th Ave pathway infill.pdf G.19 Authorize the City Manager to Sign a Task Order Number 17 for the Right-of-Way Acquisition Project for West Babcock Street from 11th Avenue to 19th Avenue Cover Page ROW Acquistion Task Order 17.pdf G.20 Provisional Adoption of Ordinance 2068, to Amend 19 Acres from B-2 Community Business District to B-2M Community Business District - Mixed, Located Approximately 650 feet West of the Intersection of Huffine Lane and Cottonwood Road, Baxter Creek 2021 Zone Map Amendment, Application 20387 Cover Page Ordinance 2068.docx BAXTER CREEK 2021 ZMA- MAP.pdf 00:18:13 City Manager Introduction • CM Mihelich provided the highlights of the consent agenda. 10 Bozeman City Commission Meeting Minutes, March 23, 2021 Page 6 of 10 00:20:43 Public Comment • There were no public comments on the consent agenda. 00:24:05 Motion to approve Consent Items 1-20 as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:24:18 Vote on the Motion to approve Consent Items 1-20 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None H) 00:24:41 Public Comment Mayor Andrus opened the meeting for general public comment. 00:26:58 Robin Johnson, Public Comment Robin Johnson commented on the noise ordinance hours. 00:33:55 Nick Allevato, Public Comment Nick Allevato commented in support of the City Commission looking into the noise ordinance. I) 00:34:56 Work Session I.1 November Election Work Session Cover Page Recommendation for the November Election.docx General Fund Facility Bond Analysis.docx Affordable Housing Levy and Bond Analysis.docx 00:36:33 Staff Presentation CM Mihelich and Finance Director Kristin Donald presented on potential items that could be on the November ballot. CM Mihelich outlined the work session process specific to the ballot. He presented questions for the Commission, where the items fit into the City's Strategic Plan, election timing and background. Finance Director Kristin Donald presented the facility bond. She provided background for Fire Station 2, the Swim Center, Bogert Pool, Lindley Center, and Taxpayer Impact of a facility bond. CM Mihelich introduced the options for affordable housing funding through a bond or levy. Ms. Donald presented on the current Community Housing Fund. She provided analysis, assumptions, and options. She continued to present on a 3 Mill Levy, a 7 Mill Levy, a 10 Mill Levy, and a 10 million dollar affordable 11 Bozeman City Commission Meeting Minutes, March 23, 2021 Page 7 of 10 housing bond, and gave an overall analysis. CM Mihelich presented the options and their impacts, the staff recommendation, and next steps. 00:59:44 Questions of Staff Cr. Madgic asked what the cost to the median home could change to after the first year and what factors change that amount. She asked if Mill Levies could be targeted to specific groups. Cr. Pomeroy asked if the money suggested for a new Fire Station is for construction or construction and land. She suggested revisiting moving Fire Station 2 at a later date after Fire Station 1 has moved and Fire Station 4 is built. DM Cunningham asked if thought has been given to leasing land for money. He also asked the goal of repairing the pools is to create a portfolio of aquatic centers for the public. DM Cunningham asked if the affordable housing levy could have a different name. He asked what the impact of losing inclusionary zoning would be on affordable housing projects in Bozeman. He asked if the city is on track for the goals of affordable housing. What percentage of new multi-family units are below 60% median market value. He asked if any affordable housing project in the last 5 years have not needed city assistance. He asked if the 7 mil could only be used after the CAP. Mayor Andrus asked for clarification of the difference between a bond and a levy. She asked if it is possible to change a mil in the future after it's been passed. She asked if there is an amount of money attached to the specific projects on the ballot. She asked if fixing the facilities in the bond is a Band-Aid, and if so, how long until they will be able to replace those facilities. She asked why the city wants to fix the facilities before creating new facilities. Cr. Madgic asked if there is a better word than affordable housing. She also asked if there is a word other than fixing, such as repairs, to reflect the necessary facility improvements. DM Cunningham asked about property tax relief and Bozeman's role in the legislative session in regards to that. Cr. Pomeroy asked why fire station 2 cannot stay where it is. She asked how loosing inclusionary zoning will affect what they need for affordable housing. She asked how the loss of inclusionary zoning will affect the City's affordable housing fund. Mayor Andrus asked if moving fires station 1 and 2, in order to put off building fire station 4. She commented that when thinking about affordable housing in the legislature many of the bills that would have moved affordable housing forward did not make it to the floor. She asked how equity relates to putting new facilities on the west side of town. Cr. Madgic asked about the strategy of putting 3 funding issues on the ballot. 01:50:45 Recess Mayor Andrus called the meeting into recess. 01:58:43 Call to Order Mayor Andrus called the meeting back to order. 01:59:58 Public Comment Mayor Andrus opened this work session up for public comment. 02:02:24 Marilee Brown, Public Comment Marilee Brown commented on funds for active transportation facilities. 02:05:05 Kevin Thane, Public Comment 12 Bozeman City Commission Meeting Minutes, March 23, 2021 Page 8 of 10 Kevin Thane commented in opposition to the 7 mil levy. He spoke in favor of a 10 million dollar bond. 02:09:07 Emily Talago, Public Comment Emily Talago commented on fire station two, the legislative session in Helena's impact on funds for the Bozeman, and using public engagement to foster a sense of community. 02:13:22 Nick Allevato, Public Comment Nick Allevato commented in opposition to higher taxes and affordable housing initiatives. 02:15:39 Emma Bode, Public Comment Emma Bode commented in favor of investments for affordable housing and progressive taxation. 02:20:57 Staff Response to Public Comment 02:23:03 Discussion Cr. Pomeroy would like to revisit reposition of Fire Station 2. She supports fixing recreation facilities, and supports the affordable housing levy. DM Cunningham's direction to the City Manager is to follow staff's recommendations. He commented further on why affordable housing initiatives are important. Cr. Madgic supports staff moving forward with their three recommendations. Mayor Andrus supports all three recommendations from staff. Cr. Pomeroy commented further in support of staff's recommendations. 02:45:46 CM Mihelich reiterated direction given to him. J) 02:48:02 Appointments J.1 Appointments to the Midtown Urban Renewal Board (MURB) Cover Page 12-14-20 CAB - A. Rutz, New Applicant.pdf 02-02-21 CAB - E. Talago, new applicant.pdf 12-02-20 CAB - H. Folkvord, New Applicant.pdf 03-04-21 CAB - T. Menuez, new applicant.pdf 02:48:06 Public Comment Mayor Andrus opened appointments to the Midtown Urban Renewal Board up for public comment. 02:49:53 Nick Allevato, Public Comment Nick Allevato commented in opposition to appointing Emily Talago. 02:52:18 Motion to appoint Hilary Folkvord as one non-voting member appointed by the City Commission with a term expiring January 31, 2024 and one non-voting member Alicia Rutz appointed by the City Commission, a term expiring January 31, 2025. Jennifer Madgic: Motion Terry Cunningham: 2nd 13 Bozeman City Commission Meeting Minutes, March 23, 2021 Page 9 of 10 02:53:11 Vote on the Motion to appoint Hilary Folkvord as one non-voting member appointed by the City Commission with a term expiring January 31, 2024 and one non-voting member Alicia Rutz appointed by the City Commission, a term expiring January 31, 2025. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 02:53:35 Motion appoint one voting member to a term expiring January 31, 2022 to Emily Talago and another voting member with a term expiring January 31, 2025 to Tracy Menuez. Cyndy Andrus: Motion I-Ho Pomeroy: 2nd 02:53:57 Vote on the Motion to appoint one voting member to a term expiring January 31, 2022 to Emily Talago and another voting member with a term expiring January 31, 2025 to Tracy Menuez. The Motion carried 4 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None K) 02:54:21 FYI / Discussion Cr. Madgic recommended looking into the construction hours ordinance. CM Mihelich will bring the ordinance back to the Commission as an agenda item with a series of recommendations in addition to a dust bowl reading. DM Cunningham noted the well submitted public comment regarding noise ordinance. Cr. Pomeroy asked how many members Cr. Madgic appointed. L) 02:57:53 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: 14 Bozeman City Commission Meeting Minutes, March 23, 2021 Page 10 of 10 ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: April 13, 2021 15 Bozeman City Commission Meeting Minutes, April 6, 2021 Page 1 of 7 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, April 6, 2021 Present:Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic Absent:None Staff Present in the WebEx:City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A)00:02:47 Call to Order -6:00 PM -Webex Video Conference B)00:06:30 Pledge of Allegiance and a Moment of Silence C)00:07:14 Changes to the Agenda There were no changes to the agenda. D)00:07:25 FYI DM Cunningham noted the Bozeman Daily Chronicle's editorial/reporting on SB### related to operational costs of Coalstrip power plants. Mayor Andrus noted the Parking Commission meeting at 7:30 am and the RPAB at 6:30 pm on Thursday, April 8, 2021. She highlighted that April is the month for the Mayors' Challenge for water conservation. CM Mihelich noted the Sourdough Fuels Project in the municipal watershed and the public engagement process. He highlighted the current survey results and the follow up virtual event on Thursday from 5:30-6:30 pm. E)00:13:37 Commission Disclosures There were no disclosures. F)00:13:41 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement with Four Points Village II, LLC for the Four Points Subdivision Ph II Project (15526) Sewer and Water Pipeline and Access Easement and Agreement 16 Bozeman City Commission Meeting Minutes, April 6, 2021 Page 2 of 7 F.3 Authorize the City Manager to Sign a Public Access Easement, a Public Street and Utility Easement, a Drainage Easement, and a Trail Corridor Easement with Store Master Funding VI, LLC for the Gibson Guitar Site Plan Project (20302) Public Access Easement Public Street and Utility Easement Drainage Easement Trail Corridor Easement F.4 Authorize the City Manager to Sign a Purchase Agreement with Floyd's Truck Center for (1) One Truck with Forestry Chip Body and Dump Hoist Chip Truck - Purchase Agreement (Final) (2).docx CORRECTED Bid Sheet & Sign In - 2020 Chip Truck.pdf Exhibit A - Bid Specifications.pdf Exhibit B - Warranty.pdf F.5 Authorize City Manager to Sign a Uniform Application Form for Montana Public Facility Projects for a Loan from the State Revolving Fund (SRF) Program for the Sourdough Transmission Main Phase 2 Project Uniform Application Form for Montana Public Facility Projects.pdf F.6 Authorize City Manager to Sign a Professional Services Agreement with Morrison Maierle for the West Babcock Street (11th to 19th) Reconstruction Project West Babcock Professional Services Agreement.pdf F.7 Authorize the City Manager to Sign a Professional Services Agreement with G3LA, LLC dba G3, Green Gardens Group for a Bozeman Watershed Wise Landscape Webinar Series Professional Services Agreement_G3_Water Wise Landscape Webinar Series.pdf Attachment A_G3_Scope of Services.pdf Sole Source Approval_G3.pdf F.8 Authorize the City Manager to Sign a Professional Services Agreement with Advantage Spraying Services, Inc. for Landscape Maintenance Services in the Parks and Trails District Professional Services Contract.pdf Exhibit A Scope of Services Landscape Maintenance Zone 1.pdf Exhibit B Quote for Landscape Maintenance Zone 1 (Advantage).pdf F.9 Authorize the City Manager to Sign a Professional Services Agreement with Respec for Municipal Test Well Design, Aquifer Testing, and Preparation of Groundwater Application for Beneficial Water Use Permit PSA w RESPEC for Groundwater Project F.10 Authorize City Manager to Sign a Third Amendment to the Agreement for Services with Montana State University for Wastewater Testing Services 3rd amendment to WRF Testing.pdf F.11 Resolution 5262, Authorizing the Exploration, Development, and Build-out of a Municipal Groundwater Facility on City Property Located at the Bozeman Sports Park Resolution 5262 - Sports Park Municipal Groundwater Facility Resolution 5262 - Exhibit A F.12 Ordinance 2061, Provisional Adoption to Revise Definitions and References to Clarify a Consistent Meaning and Application of Front Setbacks in all Zoning Districts. No Changes to Dimensional Standards are Included with this Amendment. Revise Affected Sections to Implement the Revisions. Application 20147 20147 Ord 2061 Front Setbacks ZCA - CC report.docx 17 Bozeman City Commission Meeting Minutes, April 6, 2021 Page 3 of 7 Ordinance 2061 - Definition of front setback 2nd Provisional Adoption.docx F.13 Ordinance 2068, Final Adoption to Amend 19 Acres from B-2 Community Business District to B-2M Community Business District - Mixed, Located Approximately 650 feet West of the Intersection of Huffine Lane and Cottonwood Road, Baxter Creek 2021 Zone Map Amendment, Application 20387 Ordinance 2068.docx BAXTER CREEK 2021 ZMA- MAP.pdf 00:13:51 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:15:56 Public Comment Mayor Andrus opened the consent items for public comment. 00:20:25 Motion to approve consent items 1 - 13, as submitted. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:20:25 Vote on the Motion to approve Consent items 1 - 13, as submitted.The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None G)00:20:31 Public Comment Mayor Andrus opened general public comment. 00:22:36 Tom Woods, Public Comment Tom Woods commented on his past efforts in the Legislature and the current efforts by the Legislature during this session. He stated his withdrawal for consideration for the City Commission vacancy and support for Christopher Coburn. 00:27:02 Terry Quatraro, Public Comment Terry Quatraro commented as the Chair, and on behalf of the Beautification Board, noting the Bozeman Clean Up day efforts beginning April 17. 00:31:23 Sarah Compton, Public Comment Sarah Compton commented in support for Christopher Coburn. 00:32:29 Nicki Bailey, Public Comment Nicki Bailey commented in support for Christopher Coburn. 18 Bozeman City Commission Meeting Minutes, April 6, 2021 Page 4 of 7 00:33:20 Eliza Donahue, Public Comment Eliza Donahue commented in support for Christopher Coburn. 00:34:24 Andy Boyd, Public Comment Andy Boyd commented in support for Christopher Coburn. 00:35:42 Etta Gold, Public Comment Etta Gold, intern with the Task Force to Advance the Status and Safety of All Women and Girls, commented on striving for gender pay equity and comparable worth. 00:39:18 Betsy Gaines Quammen, Public Comment Betsy Gaines Quammen commented in support for Christopher Coburn. 00:40:31 Caelen McQuilkin, Public Comment Caelen McQuilkin commented as an intern with the Task Force to Advance the Status and Safety of All Women and Girlson Montana's pay gap data. 00:43:41 Danica Jamison, Public Comment Danica Jamison, speaking on her own behalf, spoke in support for Christopher Coburn. 00:47:21 Hannah Van Wetter, Public Comment Hannah Van Wetter commented in support for Christopher Coburn. 00:49:25 Lily Wright, Public Comment Lily Wright commented in support for Christopher Coburn. H)00:51:16 Mayoral Proclamation H.1 Equal Pay Day 00:56:50 Lei-Anna Bertelsen, Presentation Lei-Anna Bertelsen spoke on Equal Pay Day as a Co-leader of the Bozeman Task Force for the Safety for All Girls and Women. She spoke on the effects of the pandemic that particular affect women, the need for additional data. I)01:01:17 Special Presentation I.1 01:03:06 Equal Pay Presentation Equal Pay 2021 Presentation.pdf Equal Pay Day and City Progress Report 2021 ar.docx 01:03:08 Staff Presentation Assistant City Manager Anna Rosenberry presented the Equal Pay Update report. She presented the wage gap data for the State of Montana, Bozeman City employees, gender diversity in City employees, gender breakdown of top wage earners, gender breakdown of bottom wage earners, 2020 efforts related to equal pay, and the look forward. J)01:12:56 Action Items J.1 01:13:02 Ordinance 2073, Provisional Adoption Amending Chapter 22, BMC, Creating a Second Full Time Elected Office of Municipal Court Judge 19 Bozeman City Commission Meeting Minutes, April 6, 2021 Page 5 of 7 Ordinance 2073.docx SB0127.pdf 01:13:19 Staff Presentation Assistant City Attorney Anna Saverud presented Ordinance 2073. She presented the background, a summary of Senate Bill 127 passed by the 2021 Legislature, a summary of Ordinance 2073, and a recommendation. 01:17:31 Questions of Staff 01:23:09 Public Comment Mayor Andrus opened this item for public comment. 01:27:32 Colleen Herrington, Public Comment Judge Colleen Herrington commented in support of Ordinance 2073. 01:30:42 Motion to provisionally adopt Ordinance 2073, with Section2 amended to reflect the election date of November 2, 2021, amending Chapter 22, BMC to create the office of a second full-time elected municipal court judge and eliminating the position of part-time assistant judge when the newly elected second municipal court judge takes office on January 3, 2021. Terry Cunningham: Motion Jennifer Madgic: 2nd 01:31:13 Discussion DM Cunningham spoke in support of the Ordinance. Cr. Madgic will support the motion. Cr. Pomeroy will support the motion. Mayor Andrus will support the motion. 01:33:55 Vote on the Motion to provisionally adopt Ordinance 2073, with Section2 amended to reflect the election date of November 2, 2021, amending Chapter 22, BMC to create the office of a second full-time elected municipal court judge and eliminating the position of part-time assistant judge when the newly elected second municipal court judge takes office on January 3, 2021.The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None J.2 01:34:17 Appoint New Bozeman City Commissioner City Commission Vacancy Notice.pdf Statement of Interest and Qualifications_Christopher Coburn.pdf Statement of Interest and Qualifications_Tom Woods.pdf 20 Bozeman City Commission Meeting Minutes, April 6, 2021 Page 6 of 7 01:34:24 Staff Presentation CM Mihelich outlined the requirements and process to fill the vacancy on the City Commission. 01:38:00 Candidate Presentation Christopher Coburn spoke on his candidacy to fill the vacancy on the City Commission. 01:40:20 Public Comment Mayor Andrus opened this item for public comment. 01:42:33 Judith Heilman, Public Comment Judith Heilman commented in support for Christopher Coburn. 01:44:58 Mark Egge, Public Comment Mark Egge, member of Planning Board and Parking Commission, commented on his own behalf. He spoke in support of Christopher Coburn. 01:47:08 Catherine Costakis, Public Comment Catherine Costakis, member of the Planning Board, spoke on her own behalf. She spoke in support of Christopher Coburn. 01:49:15 Emma Bode, Public Comment Emma Bode representing Forward Montana spoke in support of Christopher Coburn. 01:51:55 Lei-Anna Bertelsen, Public Comment Lei-Anna Bertelsen spoke in support of Christopher Coburn. 01:54:26 Meeting went into Recess Mayor Andrus called the meeting into recess. 01:56:09 Meeting Reconvened Mayor Andrus called the meeting back to order. 01:56:19 Discussion on Evaluation Criteria of Candidates 02:12:20 Motion appoint Christopher Coburn to the position of Bozeman City Commissioner with a term ending in compliance with Section 2.06(c) of the Bozeman Charter for the the term that will expire at the beginning of the first regularly scheduled meeting in January of 2022. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 02:12:59 Discussion 02:39:03 Vote on the Motion to free form appoint Christopher Coburn to the position of Bozeman City Commissioner with a term ending in compliance with Section 2.06(c) of the Bozeman Charter for the the term that will expire at the beginning of the first regularly scheduled meeting in January of 2022.The Motion carried 4 – 0. 21 Bozeman City Commission Meeting Minutes, April 6, 2021 Page 7 of 7 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 02:39:26 Oath of Office CM Mihelich administered the Oath of Office to the newly appointed Commissioner, Christopher Coburn. K)02:41:28 FYI / Discussion L)02:41:33 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: April 13, 2021 22 Memorandum REPORT TO:City Commission FROM:Levi Stewart, Accounts Payable Clerk Kristin Donald, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:April 13, 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: April 1, 2021 23 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Shawn Kohtz, City Engineer Mitch Reister, Director of Public Works SUBJECT:Authorize the City Manager to Sign a Notice of Award to Omdahl Excavation, Inc. for Construction of the 2021 South 6th Avenue Reconstruction Project MEETING DATE:April 13, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a notice of award to Omdahl Excavation, Inc. for construction of the 2021 South 6th Avenue Reconstruction Project. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Attached is a copy of the Notice of Award for the above referenced project. The project generally involves reconstruction of South 6th Avenue from Babcock Street to Cleveland Street; replacement of existing water main, valves, fittings, and appurtenances, replacement of existing storm drains, inlets, and manholes, replacement of existing sewer main and manholes; removal of existing road section, curbs, gutters, and pedestrian ramps and installation of a new road section including: subgrade, base courses, asphalt pavement, concrete curb and gutter, pedestrian ramps, drive approaches, street signage, pavement markings and incidental items. Additive alternate 2 includes the addition of landscaping features to traffic circles within the project base bid. Additive alternate 2 as well as the traffic circles will be financed by the local property owners through S.I.D. #762. The contract is to be completed within 170 calendar days of the issuance of the notice to proceed. Bids for the above-referenced project were opened on March 31st with three bids being submitted. The low bid was submitted by Omdahl Excavation & Utilities, Inc. in the amount of $2,651,487.75 for the base bid. The Bid Tabulation for the project is attached. In addition to the contract price, $40,000 has been added for materials testing. UNRESOLVED ISSUES:None. 24 ALTERNATIVES:Disapprove. FISCAL EFFECTS:This project will be paid for with the following funding allocation: Street Reconstruction Fund $964,472.69 S.I.D. #762 $781,129.98 Water Fund $610,755.04 Waste Water Fund $342,685.04 Stormwater Fund $252,313.56 Attachments: Bid Sheet - 2021 South 6th Avenue Reconstruction Project 3.pdf 14-NoticeOfAward.pdf Report compiled on: March 31, 2021 25 EĂŵĞ͗ŽŶƚƌĂĐƚŽƌZĞŐŝƐƚƌĂƚŝŽŶη͗ĨĨŝƌŵĂƚŝŽŶ&Žƌŵ͗ŝĚŽŶĚ͗ ^ĐŚĞĚƵůĞϭ͗ ^ĐŚĞĚƵůĞϮ͗ ^ĐŚĞĚƵůĞϯ͗ ^ĐŚĞĚƵůĞϰ͗ĚĚŝƚŝǀĞůƚĞƌŶĂƚĞϭ͗ĚĚŝƚŝǀĞůƚĞƌŶĂƚĞϮ͗ĂƐĞŝĚdŽƚĂů͗KŵĚĂŚůdžĐĂǀĂƚŝŽŶΘhƚŝůŝƚŝĞƐ͕/ŶĐ͘ ϯϳϬϲϴ zĞƐ zĞƐ Ψϭ͕ϰϬϰ͕ϲϭϮ͘ϳϱ Ψϱϲϱ͕ϳϯϱ͘ϬϬ Ψϯϭϳ͕ϰϮϱ͘ϬϬ ΨϮϯϯ͕ϳϭϱ͘ϬϬ Ψϭϯ͕Ϯϭϱ͘ϬϬ Ψϳ͕ϱϱϱ͘ϬϬ ΨϮ͕ϲϱϭ͕ϰϴϳ͘ϳϱ<ŶŝĨĞZŝǀĞƌͲĞůŐƌĂĚĞ ϭϬϬϴϵ zĞƐ zĞƐ Ψϭ͕ϲϱϭ͕ϯϬϳ͘Ϯϱ Ψϲϵϯ͕ϯϰϭ͘ϬϬ Ψϯϱϲ͕Ϯϵϴ͘ϱϬ ΨϮϯϳ͕ϲϬϰ͘ϬϬ Ψϱ͕Ϭϲϵ͘ϱϬ Ψϭ͕ϵϲϰ͘ϬϬ Ψϯ͕Ϭϲϴ͕ϱϱϬ͘ϳϱKWŽŶƐƚƌƵĐƚŝŽŶ͕>> ϱϱϰϰϬ zĞƐ zĞƐ Ψϭ͕ϴϳϴ͕ϴϭϳ͘ϬϬ ΨϲϮϮ͕ϵϰϱ͘ϬϬ ΨϯϮϮ͕ϰϴϵ͘ϬϬ ΨϮϮϵ͕ϵϯϯ͘ϬϬ Ψϲ͕ϳϵϯ͘ϬϬ Ψϭ͕ϵϬϰ͘ϬϬ Ψϯ͕ϭϴϰ͕ϭϴϰ͘ϬϬDŝŬĞDĂĂƐ :ĞƐƐĞŝdŽŵŵĂƐŽŝƚLJůĞƌŬ ĞƉƵƚLJŝƚLJůĞƌŬŝĚŚĞĐŬ͗ ĞůŝǀĞƌĞĚƚŽ&ŝŶĂŶĐĞ͗ ĐĐĞƉƚĞĚLJ͗ ĂƚĞ͗ϭϮϯϰϮϬϮϭ^ŽƵƚŚϲƚŚǀĞŶƵĞZĞĐŽŶƐƚƌƵĐƚŝŽŶWƌŽũĞĐƚ;ηϳϲϭϵϲϵϴͿdŚĞƐĞďŝĚƐǁĞƌĞŽƉĞŶĞĚĂŶĚƌĞĂĚďĞĨŽƌĞƚŚĞƵŶĚĞƌƐŝŐŶĞĚĂƚϮ͗ϬϬƉŵŽŶtĞĚŶĞƐĚĂLJ͕DĂƌĐŚϯϭ͕ϮϬϮϭ͘ŶŐŝŶĞĞƌ//<ĞůůĞŶ'ĂŵƌĂĚƚ       DŝDŝDŝŝŝŝDŝŝŝDŝDŝŝDŝŝDŝDDDDDDDDDDDDŬĞŬŬŬŬŬŬDĂĂƐ26 NOTICE OF AWARD Dated: __________________ TO: Omdahl Excavation & Utilities, Inc. ADDRESS: 659 Morning Mist Road, Manhattan, MT 59741 PROJECT: 2021 South 6th Avenue Reconstruction Project CONTRACT FOR: 2021 SOUTH 6TH AVENUE RECONSTRUCTION PROJECT You are notified that your Bid opened on March 31, 2021, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: 2021 South 6th Avenue Reconstruction Project. The Contract Price of your Contract is: Two Million Six Hundred Fifty Nine Thousand Forty Two Dollars & 75/100 ($2,651,487.75). Four (4) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Two (2) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date you receive this Notice of Award: 1. You must deliver to the OWNER Four (4) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (Article 20), and the General Conditions (paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (Article 5) and Supplementary Conditions (paragraphs SC-5.04 and SC-5.06). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: __________________________________ BY: ____________________________ (CITY MANAGER) (CITY CLERK) DATE: _______________________________ 27 Memorandum REPORT TO:City Commission FROM:Cody Flammond, PE, Engineer II Shawn Kohtz, PE, City Engineer Mitch Reister, PE, Director of Public Works SUBJECT:Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Store Master Funding VI, LLC for the Gibson Guitar Manufacturing Facility Site Plan (20302) MEETING DATE:April 13, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a conditional irrevocable offer of dedication with Store Master Funding VI, LLC for the Gibson Guitar Manufacturing Facility Site Plan (20302). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Conditional Irrevocable Offer of Dedication Report compiled on: March 29, 2021 28 29 30 31 32 Memorandum REPORT TO:City Commission FROM:Shawn Kohtz, PE, City Engineer Mitch Reister, PE, Director of Public Works SUBJECT:Authorize the City Manager to Sign a City/State Memorandum of Agreement - South 19th Avenue/S-345 Bozeman, March 2021 with the Montana Department of Transportation for Maintenance of South 19th Adjacent to the Blackwood Groves Annexation MEETING DATE:April 13, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a city/state memorandum of agreement - S. 19th Avenue/S-345 Bozeman, March 2021 with the Montana Department of Transportation for maintenance of South 19th adjacent to the Blackwood Groves Annexation. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Pursuant to the agreement, the City will be responsible for maintenance of the section of S. 19th Avenue/S-345 adjacent to the Blackwood Groves Annexation, which is a Secondary Highway System route within the State of Montana highway system. Items to be maintained generally including the street, bike and pedestrian improvements, and storm drainage infrastructure. The City already maintains urban routes in the State Urban Highway System. However, this short segment of the Secondary Highway System was annexed into the City with the Blackwood Groves Annexation. As this portion of S. 19th is a Secondary Highway System route, it requires new maintenance agreement. However, MDT will adjust the Urban Routes boundary after receiving the updated census. Upon updating the urban routes boundary, this agreement will become null and all maintenance activities will be governed by the existing City Maintained Urban Highway Systems Route Citywide Memorandum of Agreement that was executed on 12/4/20. The City already maintains this segment of S. 19th and has done so since the Blackwood Groves Annexation, so this agreement would formalize the street maintenance responsibilities. MDT is requiring the City enter into this agreement, or it will withhold approval from the Blackwood Groves Subdivision to construct road improvements on S. 19th Avenue. The road improvements are a requirement of the Subdivision preliminary plat, so MDT approval is 33 necessary to advance the Blackwood Groves Subdivision. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:MDT will not approve street and intersection improvements on City maintained secondary routes (S. 19th) without a maintenance agreement. Without this agreement, the Blackwood Groves Subdivision cannot construct improvements to S. 19th Avenue and meet its preliminary plat requirements. Subsequently, the development would be delayed indefinitely. Attachments: City/State Memorandum of Agreement - S 19th Ave/S-345 Report compiled on: April 1, 2021 34 1 | P a g e CITY/STATE MEMORANDUM OF AGREEMENT S. 19th Avenue/S-345 Bozeman March 2021 This Memorandum of Agreement (Agreement) is made and entered into by and between the City of Bozeman (“the City”), a self-governing municipality operating pursuant to its Charter and the laws of the State of Montana, P.O. Box 1230, Bozeman MT 59771 and the Montana Department of Transportation (“MDT”), a department of the State of Montana, P.O. Box 201001, Helena MT 59620-1001 together referred to as “the Parties”. The Purpose of this Agreement is to set forth the respective responsibilities and duties of the City and MDT associated with the City’s installation and maintenance of a northbound travel lane, bicycle lane, curb and gutter, lighting, landscaping and irrigation equipment within the S. 19th Avenue/S-345 right-of-way (the Project), per the approved plans (Attachment B). WHEREAS, MDT is responsible for planning, designing, constructing and maintaining State Highways and roadways, and associated transportation facilities, including associated pull- offs, parking areas, and rest areas for the use and benefit of the traveling public, in a safe and efficient manner and in accordance with Title 23 United States Code (U.S.C) and Title 60 Montana Code Annotated (MCA) including S. 19th Avenue/S-345, a commission- designated highway system; and WHEREAS, S. 19th Avenue/S-345 is a city maintained/permitted route on the Secondary Highway System within the State of Montana and is eligible to receive Federal Highway Funds; and WHEREAS, in accordance with the State’s agreement with the Federal Highway Administration (FHWA) of the U.S. Department of Transportation, MDT must ensure that certain requirements are met in order for MDT to fulfill its obligations to the FHWA and for S. 19th Avenue/S-345 to be eligible for federal funds; WHEREAS, The City has agreed to maintain, or cause to be maintained, the Project; and WHEREAS, This Agreement must be fully executed before initiation of construction of the Project within commission-designated right-of-way; and WHEREAS, when the urban boundary is officially adjusted and the portion of S. 19th Avenue that is now S-345 becomes U-1216, this maintenance agreement will be superseded by the City-Maintained Urban Highway Systems Route Citywide Memorandum of Agreement executed, on 12/04/2020. NOW, THEREFORE, The Parties set forth the fundamental duties and responsibilities necessary for the maintenance of S. 19th Avenue/S-345 associated with the construction of the Project, within public right-of-way. 35 2 | P a g e ARTICLE I. GENERAL OBLIGATIONS OF MDT 1. If the City does not fulfill their maintenance requirements as stated herein, MDT may complete the required maintenance and seek compensation from the City. In doing so, MDT must first provide notice to the City allowing 60 days to complete any such maintenance. If MDT performs such maintenance under this section, it must provide detailed invoices of such costs to the City. 2. MDT may complete any maintenance required due to public emergency and seek compensation from the City for any costs incurred. In doing so, MDT may first provide notice to the City, when possible, allowing time to complete any such maintenance. If MDT performs maintenance under this section, it must provide detailed invoices of such costs to the City. ARTICLE II. OBLIGATIONS OF THE CITY: 1. Curb & Gutter a. Upon completion of the Project, the City agrees that it is responsible, at no cost to MDT, to service, maintain, repair, and pay cost of operating the curb & gutter within the project limits, such that it does not negatively impact the operation of the pedestrian facility or the safety of the traveling public. If all or part of the Project becomes unsafe for use, the City agrees to restrict access to the affected area until the condition has been remedied. b. For the purposes of this Agreement, “maintenance of the curb & gutter” is defined as: grinding or milling down displacements; surface patching; crack sealing; sweeping; cleaning; washing; replacing portions of damaged concrete; removal of snow and ice; repair of chipped, fractured, or broken surface from any cause, including but not limited to frost heaving, landscaping, tree roots, or encroachments; removal of debris and other obstructions or impediments to safe pedestrian travel; and any and all other normally accepted maintenance practices. 2. Lighting a. Upon completion of the Project, the City agrees that it is responsible, at no cost to MDT, to service, maintain, repair and pay the costs of operating (including utility costs) the decorative and/or pedestrian lighting installed as part of this project. b. For the purposes of this Agreement, “maintenance of street lighting”, is defined as: the inspection of the lighting system for operation, cleaning lamps, lenses and reflectors, stocking of replacement parts, bulb replacement, and repairs to and replacement of damaged fixtures. c. Any major repair costs for lighting damage not recoverable from third parties shall be the responsibility of the City. d. If the cost of energy is raised by the utility company, the City, town or special improvement district shall pay their proportionate share of the rate increase. 36 3 | P a g e 3. Landscaping/Irrigation Equipment a. Upon Completion of the Project by the developer and its contractor, the City agrees that it is responsible, at no cost to MDT, to service, maintain and repair the landscaping and irrigation equipment installed as part of this project. b. For the purposes of this Agreement, “maintenance of landscaping and irrigation system,” is defined as: mowing, watering, debris removal, weed control, fertilizing, tree/shrub trimming including removal, replacement and maintenance of sight triangles, the repair and replacement of fences, and maintenance of all features in compliance with ADA/PROWAG. The irrigation system shall be fully operational, free of leaks, with heads selected and adjusted to reduce water waste. If the City is not able to complete maintenance on the landscaping and irrigation system as per this Agreement, the improvements may become the property of MDT, without reimbursement. If landscaping or irrigation become MDT property, MDT will maintain the property as it sees fit and may remove the landscaping and irrigation system without the City’s approval. MDT may seek compensation for the maintenance or removal of the landscaping and irrigation system form the City. 4. The City agrees that no fixture, building, structure, or other permanent installation will be constructed or placed within Transportation Commission designated right-of-way without prior written approval from MDT. 5. The City shall complete the necessary environmental processes for modification to the state highways and roadways and demonstrate that all, if any, environmental issues associated with the proposed project have been identified and mitigated. The City agrees it will prepare and file any required environmental documents and apply for and obtain any permits required by other governmental agencies at no expense to MDT prior to maintenance taking place within Transportation Commission designated right- of-way. 6. The City agrees to be responsible for any and all damages to facilities within Transportation Commission designated right-of-way caused by the City, the City’s staff or contractors, or resulting from the City’s operations. The City must repair any and all damages, at its sole expense, after notification of damage by MDT and approval of repair work needed, method of repair, and schedule for repair. 7. If the City fails to perform or cause to be performed, the maintenance obligations as required by this agreement within 60 days of written notification from MDT, MDT may complete the required maintenance and the City shall be required to compensate MDT for its performance of said maintenance. 8. MDT may complete any maintenance required due to a public emergency without prior notice to the City. The City agrees to be responsible for and to reimburse MDT for said maintenance, including Indirect Costs. 37 4 | P a g e ARTICLE III – GENERAL TERMS AND CONDITIONS 1. Term – The term of this Agreement shall be ten (10) years. After the initial ten (10) year term, this Agreement will renew automatically, for successive one (1) year terms, unless superseded by a new Agreement between the parties. 2. Termination – This Agreement may be terminated by MDT if the City has violated or breached any term, condition or article of this Agreement and the City has failed to correct the same within 60 days of receiving notice in writing addressed to the City at the addresses shown above, from MDT of such violation or breach of any term condition or article of this Agreement. If this Agreement is terminated, the improvements become the property of MDT, without reimbursement. MDT will maintain the Project as it sees fit and may remove it without City approval. MDT may seek compensation for maintenance or removal of the Project from the City. 3. When the urban boundary is officially adjusted and the portion of S. 19th Avenue that is now S-345 becomes U-1216, this maintenance agreement will be superseded by the City-Maintained Urban Highway Systems Route Citywide Memorandum of Agreement, executed on 12/04/2020. 4. Hold Harmless & Indemnification The City agrees to protect, defend, indemnify, and hold MDT, its elected and appointed officials, agents, and employees, while acting within their duties as such, harmless from and against all claims, liabilities, demands, causes of action, and judgments ( including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the City’s employees or third parties on account of personal or bodily injury, death or damage to property, arising out of the acts or omissions of the City, its agents, or sub- contractors, under this Agreement, except the negligence of MDT. The State and Department of Transportation agrees to protect, defend, indemnify, and hold the City, its elected and appointed officials, agents, and employees, while acting within their duties as such, harmless from and against all claims, liabilities, demands, causes of action, and judgments ( including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the MDT’s employees or third parties on account of personal or bodily injury, death or damage to property, arising out of the acts or omissions of MDT, its agents, or sub-contractors, under this Agreement, except the negligence of the City. 5. Insurance 1. General Requirements: Each party shall maintain for the duration of this Agreement, at its own cost and expense, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the duties and obligations in this Agreement by each party, its agents, employees, representatives, assigns, or sub-contractors. This insurance shall cover such claims as may be caused by any negligent act or omission. 38 5 | P a g e 2. General Liability Insurance: Each party shall purchase and maintain occurrence coverage with combined single limits for bodily injury, personal injury, and property damage of $1 million per occurrence and $2 million aggregate per year to cover such claims as may be caused by or arising out of any negligent acts or omissions in work or services performed under this Agreement, or as established by statutory tort limits as provided by a public entity self-insurance program either individually or on a pool basis as provided by Mont. Code Ann. Title 2, Chapter 9. 3. General Provisions: All insurance coverage must be with a carrier licensed to do business in the State of Montana or by a public entity self-insured program either individually or on a pool basis. Each party must notify the other immediately of any material change in insurance coverage, such as changes in limits, coverage, change in status of policy, etc. Each party reserves the right to request complete copies of the other party’s insurance policy or self-insured memorandum of coverage at any time. 4. Workers’ Compensation Insurance: The City must maintain workers’ compensation insurance and require its contractors and its contractor’s sub-contractors to carry their own workers compensation coverage while performing work within MDT right-of-way in accordance with Mont. Code Ann. §§39-71-401 and 39-71-405. Neither the contractor nor its employees are employees of MDT. This insurance/exemption must be valid for the entire Agreement period. 6. Public Safety If any repairs to the elements of the Project must be performed to address or prevent a public hazard, the City will immediately protect the area from public access, and make reasonable and timely effort to correct or repair the hazard. 7. Invoicing and Indirect Cost (IDC) If MDT incurs any costs as a result of a public emergency that necessitates action on MDT’s part concerning the maintenance or repair of the Project back to its original state, MDT shall be compensated for such costs by the City, and the City shall pay the same within thirty (30) days of its receipt of such invoices. Section 17-1-106, MCA, requires any state agency, including MDT, which receives non- general funds to identify and recover its indirect costs (IDC). These costs are in addition to direct project costs. MDT’s IDC rate is determined annually as a percentage of the project’s direct costs to cover the project’s share of MDT’s IDC as defined by 2 CFR Part 200, Appendix VII. MDT’s current IDC rate is 10.99% for fiscal year 2021 (July 1, 2020 to June 30, 2021). If the work occurs or extends into fiscal year 2022 or beyond the IDC rate will be charged at the rate agreed to by MDT and the Federal Highway Administration (FHWA). 39 6 | P a g e 1. Invoice will be sent to: City of Bozeman Attn: Town Clerk/Treasurer PO Box 1230 Bozeman, MT 59771 2. Payments shall be made to: Montana Department of Transportation Attention: Collections 2701 Prospect Avenue PO Box 201001 Helena, MT 59620-1001 8. Choice of Law and Venue This Agreement shall be governed by the laws of Montana. The parties agree that any litigation concerning this Agreement must be brought in the First Judicial District Court, in and for the County of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney fees, except as otherwise noted in this Agreement on Indemnification. In case of conflict between the terms and conditions of this Agreement and the laws of the State of Montana, the laws of the State of Montana shall control. 9. Binding Effect – The benefits and obligations set forth in this Agreement shall be binding upon, and inure to the benefit of, their respective successors, administrators and assigns of the Parties. 10. Relationship of Parties – Nothing contained in this Agreement shall be deemed or construed (either by the Parties hereto or by any third party) to create the relationship of principal and agent or create any partnership joint venture or other association between the Parties. 11. Non-Discrimination – The City will require that during the performance of any work arising out of this Agreement the City, for itself, assignees, and successors shall comply with all applicable non-discrimination regulation set forth in Attachment “A” attached hereto and made part of this Agreement. 12. ADA - MDT requires that any construction or maintenance resulting from this Agreement must include appropriate pedestrian facilities that meet or exceed current MDT standards for accessibility as set forth by the United States Department of Justice 2010 ADA Standards for Accessible Design, United States Access Board Proposed Guidelines for Pedestrian Facilities in the Public Right-of-Way (2011 PROWAG), and MDT’s Detailed Drawings, 608 series. 13. Audit – The Legislative Auditor and the Legislative Fiscal Analyst may, without prior notice and during normal business hours, audit, at their own cost and expense, all 40 7 | P a g e records, reports, and other documents the City maintain in connection with this Agreement. 14. Access and Retention of Records – The City agrees to provide the State, Legislative Auditor, or their authorized agents access to any records necessary to determine compliance with this MOA (Mont. Code Ann. §18-1-118). The City agrees to create and retain records supporting this Agreement for a period of three years after the completion date of this Agreement or the conclusion of any claim, litigation or exception relating to the Agreement taken by the State of Montana or a third party. 15. Highway Modifications – If MDT modifies or improves the highway or roadway facilities, the City will modify, upon reasonable notice at no expense to MDT, the Project accordingly. 16. Revocation – This Agreement is revocable by MDT in the event that the Project facilities within the right-of-way cease to be used by the City for a period of one year or abandoned otherwise. Upon revocation or abandonment, the system facilities must be removed in compliance with this Agreement. 17. Utilities – The right of any private or public utility now lawfully occupying the right-of- way to operate and maintain utility facilities supersedes any right granted by this Agreement to the City. Copies of existing utility permits may be obtained from the MDT District Utility Agent. 18. Amendment and Modification – The Parties may modify or amend this Agreement only by a written Addendum signed by the Parties. In addition to the terms and conditions contained herein, the provisions of any Addendum may be incorporated and made a part hereof by this reference in the terms of the amendment so provided. In the event of any conflict between the terms and conditions hereof and the provision of any Addendum, the provision of the Addendum shall control, unless the provisions thereof are prohibited by law. 19. Representatives a. City’s Representative: The City’s Representative for this Agreement shall be the City Manager or designee 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, MDT may direct its communication or submission to other designated City personnel or agents. b. MDT’s Representative: The MDT Representative for this Agreement shall be the District Administrator or Maintenance Chief or such other individual as MDT shall designate in writing. Whenever direction to or communication 41 8 | P a g e with MDT is required by this Agreement, such direction or communication shall be directed to MDT’s Representative; provided, however, that in exigent circumstances when MDT’s Representative is not available, City may direct its direction or communication or submission to other designated MDT personnel or agents. 20. Counterpart Execution - This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature by any of the parties to any other party and the receiving party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received. (Signature Pages to Follow) 42 9 | P a g e IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representative effective as of the date of final signature. SIGNATURES: STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION By ______________________________________________ ______________________, 2020 Montana Department of Transportation ________________________________ Approved for Legal Content ________________________________ Approved for Civil Rights CITY OF BOZEMAN Date: _________________________________ By: _____________________________________________________________ 43 10 | P a g e ATTACHMENT A MDT Nondiscrimination and Disability Accommodation Notice 44 Page 1 of 4 Rev. 01/2021 MDT NONDISCRIMINATION AND DISABILITY ACCOMMODATION NOTICE Montana Department of Transportation (“MDT”) is committed to conducting all of its business in an environment free from discrimination, harassment, and retaliation. In accordance with State and Federal law MDT prohibits any and all discrimination and protections are all inclusive (hereafter “protected classes”) by its employees or anyone with whom MDT does business: Federal protected classes State protected classes Race, color, national origin, sex, sexual orientation, gender identity, age, disability, & Limited English Proficiency Race, color, national origin, parental/marital status, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, religion/ creed, social origin or condition, genetic information, sex, sexual orientation, gender identification or expression, national origin, ancestry, age, disability mental or physical, political or religious affiliations or ideas, military service or veteran status For the duration of this contract/agreement, the PARTY agrees as follows: (1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all Acts and Regulations of the United States and the State of Montana relative to Non- Discrimination in Federally and State-assisted programs of the U.S. Department of Transportation and the State of Montana, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. (2) Non-discrimination: a. The PARTY, with regard to the work performed by it during the contract, will not discriminate, directly or indirectly, on the grounds of any of the protected classes in the selection and retention of subcontractors, including procurements of materials and leases of equipment, employment, and all other activities being performed under this contract/agreement. b. PARTY will provide notice to its employees and the members of the public that it serves that will include the following: i. Statement that PARTY does not discriminate on the grounds of any protected classes. ii. Statement that PARTY will provide employees and members of the public that it serves with reasonable accommodations for any known disability, upon request, pursuant to the Americans with Disabilities Act as Amended (ADA). iii. Contact information for PARTY’s representative tasked with handling non- discrimination complaints and providing reasonable accommodations under the ADA. 45 Page 2 of 4 Rev. 01/2021 iv. Information on how to request information in alternative accessible formats. c. In accordance with Mont. Code Ann. § 49-3-207, PARTY will include a provision, in all of its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of merit and qualifications and that PARTY does not discriminate on the grounds of any protected class. (3) Participation by Disadvantaged Business Enterprises (DBEs): a. If the PARTY receives federal financial assistance as part of this contract/agreement, the PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its subcontracting services. The list of all currently certified DBE firms is located on the MDT website at mdt.mt.gov/business/contracting/civil/dbe.shtml b. By signing this agreement, the PARTY assures that: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. c. PARTY must include the above assurance in each contract/agreement the PARTY enters. (4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the PARTY of the PARTY’s obligation under this contract/agreement and all Acts and Regulations of the United States and the State of Montana related to Non-Discrimination. (5) Information and Reports: The PARTY will provide all information and reports required by the Acts, Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by MDT or relevant US DOT Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the PARTY will so certify to MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has made to obtain the information. (6) Sanctions for Noncompliance: In the event of a PARTY’s noncompliance with the Non- discrimination provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the PARTY under the contract/agreement until the PARTY complies; and/or b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part. 46 Page 3 of 4 Rev. 01/2021 (7) Pertinent Non-Discrimination Authorities: During the performance of this contract/agreement, the PARTY, for itself, its assignees, and successor in interest, agrees to comply with the following non-discrimination statues and authorities; including but not limited to: Federal - Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; - The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); - Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); - Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; - The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); - Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); - The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients, and contractors, whether such programs or activities are Federally funded or not); - Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; - The Federal Aviation Administration’s Non-Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); - Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 47 Page 4 of 4 Rev. 01/2021 - Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); - Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). - Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of gender identity and in hiring by federal contractors on the basis of both sexual orientation and gender identity. State - Mont. Code Ann. § 49-3-205 Governmental services; - Mont. Code Ann. § 49-3-206 Distribution of governmental funds; - Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts. (8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through seven in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The PARTY will take action with respect to any subcontract or procurement as MDT or the relevant US DOT Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the PARTY may request MDT to enter into any litigation to protect the interests of MDT. In addition, the PARTY may request the United States to enter into the litigation to protect the interests of the United States. 48 11 | P a g e ATTACHMENT B PROJECT PLANS 49 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Engineer III - Water Shawn Kohtz, City Engineer Mitch Reister, Director of Public Works SUBJECT:Authorize the City Manager to Sign a Water Delivery Agreement with Farmers Canal Company of Gallatin County MEETING DATE:April 13, 2021 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Authorize the City Manager to sign a water delivery agreement with Farmers Canal Company of Gallatin County. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:Farmers Canal Company owns and operates Farmers Canal, a major irrigation canal facility in the Gallatin Valley that diverts water from the West Gallatin River and Hyalite Creek. Farmers Canal enters the southwestern portion of the City and terminates at Mandeville Creek within city limits. Farmers Canal conveys Farmers Canal Company water rights as well as a significant number of other water rights not owned by the company itself. Farmers Canal Company is formalizing conveyance agreements with each respective owner of these other water rights since historical agreements of this nature do not exist. The City owns multiple shares in Farmers Canal Company along with several other separately owned West Gallatin River water rights. These rights are used to irrigate the Sports Park. The attached water delivery agreement provides for the diversion and conveyance of these and other City-owned water rights within Farmers Canal. The agreement is the culmination of a good faith negotiation between the City and Farmers Canal Company. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The water delivery agreement memorializes an annual fee assessment that provides Farmers Canal Company revenue to operate and maintain Farmers Canal. The fee rate under the delivery agreement is consistent with the rate used for the historical annual Farmers Canal Company share assessment. 50 This rate is established by Farmers Canal Company each year and is assessed to the various water users based on anticipated operations and maintenance expenses. The conveyance agreement is not expected to alter the combined total of the City’s annual delivery assessment and share assessment, which is approximately $2,000/yr. Attachments: 2021-03-30 - FCC conveyance with City Report compiled on: March 31, 2021 51 Page 1 of 8 WATER DELIVERY AGREEMENT FARMERS CANAL COMPANY OF GALLATIN COUNTY AND CITY OF BOZEMAN This Water Delivery Agreement (“Agreement”) is enteredinto this day of , 2021, (the “Effective Date”) by and between Farmers Canal Company of Gallatin County, a Montana not for profit corporation and City of Bozeman (“City”), (collectively the “Parties”). RECITALS WHEREAS Farmers Canal Company operates and maintains an irrigation delivery system known as the Farmers Canal, which diverts and distributes water from the West Gallatin River and other sources in Gallatin County, Montana, and WHEREAS the Farmers Canal is the historical and contemporary means of water conveyance for Farmers Canal Company water rights which are diverted from the West Gallatin River into the Farmers Canal headgate located in the SWNWNW Section 11, Township 3 South, Range 4 East, and delivered to Farmers Canal Company shareholders (called "Share Water” in this Agreement), and WHEREAS in addition to Farmers Canal Company shares, City also holds shares in the Middle Creek Water Users Association (“Hyalite Shares”) and the following individually owned water rights to use water from the West Gallatin River, diverted at the Farmers Canal headgate:41H 30023118, 41H 30023119, 41H 30023120, 41H 30108500 (“City’s Privately Owned Water Rights”), and WHEREAS Farmers recognizes the long and continual use of the above referenced private decreed water rights in Farmers canal and seeks through this agreement to formalize the relationship between the decreed water rights listed above and its conveyance system. WHEREAS the Farmers Canal is the historical and contemporary means of water conveyance for other water rights not owned by Farmers Canal Company, including but not limited to, City’s Privately Owned Water Rights, which are also diverted from the West Gallatin River into the Farmers Canal headgate located in the SWNWNW Section 11, Township 3 South, Range 4 East and for Hyalite 52 WATER DELIVERY AGREEMENT FARMERS CANAL COMPANY AND CITY OF BOZEMAN Page 2 of 8 Shares from the Middle Creek diversion located in the NW quarter of Section 20, Township 2 South, Range 5 East, Gallatin County NOW THEREFORE the Parties agree as follows: Section 1: PURPOSE A. Recitals Incorporated. The Recitals set forth above are incorporated herein by reference. B. Delivery Agreement. The purpose of this Agreement is to provide for the diversion anddelivery of water under the City’s Hyalite Shares and Privately Owned Water Rights water through the Farmers Canal. C. No Water Rights Created. Nothing under this Agreement shall be construed to create a water right where one does not legally exist. Similarly, nothing under this Agreement shall entitle either of the Parties to assert a claim to or interest in either’s water shares, contract water rights, or individuallyheld water rights. Section 2: TERM A. Term and Renewal. The initial term of this Agreement shall run from the Effective Date through December 31, 2025. Thereafter, this Agreement shall renew annually on January 1 and continue on a year-to-year basis unless terminated in accordance with the Termination section below. Section 3: WATER MEASUREMENT AND ADMINISTRATION A. Good Faith/ Best Efforts. Farmers Canal Company consents and agrees to exercise good faith and reasonable best efforts to divert and convey City’s Privately Owned Water Rights through Farmers Canal provided that such diversion and conveyance is consistent with Company policies, City’s Privately Owned Water Rights, and all other applicable laws. Farmers Canal Company recognizes City has the legal right to fully exercise its Privately Owned Water Rights and that such rights shall be conveyed, when requested pursuant to the 53 WATER DELIVERY AGREEMENT FARMERS CANAL COMPANY AND CITY OF BOZEMAN Page 3 of 8 parameters of the Privately Owned Water Right and Section 3.F., below, if capacity is available in the Farmers Canal. B. Record Keeping. Farmers Canal Company shall record diversion of City’s Privately Owned Water Rights diverted at the Farmers Canal Company headgate and Hyalite Shares diverted at the Reservoir. C. Direction from Court. Pursuant to any court or administrative order requiring enforcement or administration of any source that is the source of any of City’s Privately Owned Water Rights is in effect during the time Farmers Canal Company is carrying out its obligations under this Agreement, Farmers Canal Company shall carry out its obligations hereunder pursuant to the court’s direction. D. Conveyance Loss Calculation. City recognizes that the amount diverted at the West Gallatin River under its Privately Owned Water Rights and at the Middle Creek diversion is subject to a deduction of conveyance losses. Conveyance losses from City’s Diversion Point to City’s Delivery Point shall be subtracted by the Superintendent or Ditch Tender appointed by Farmers Canal Company as necessary. Conveyance losses shall be subtracted equitably from City’s Privately Owned Water Rights, all other privately owned water rights conveyed in the canal, and stored water from Hyalite Reservoir (by virtue of shares in Middle Creek Water Users Association) in the same manner losses are applied to all other water conveyed in the canal, including delivery of Share Water to shareholders. E. Water Delivery Season. Farmers Canal Company shall have sole control to make operational decisions as to when it will turn water on and off in the Farmers Canal based on the irrigation needs of its shareholders (the “Water Delivery Season”). F. Delivery Rights. City shall enjoy the same right of any shareholder to request the delivery of its water outside of Farmers Canal Company’s Water Delivery Season, as provided for in Article VII, Section 8, of the Farmers Canal Company bylaws (as the same may be amended from time to time, or pursuant to its successor provision(s)). Such delivery shall be consistent with the parameters of City’s Privately Owned Water Rights, all other applicable laws, and upon Farmers Canal having capacity to make the requested delivery. 54 WATER DELIVERY AGREEMENT FARMERS CANAL COMPANY AND CITY OF BOZEMAN Page 4 of 8 G. Compliance with Laws. The Parties agree to comply with all state, federal, and local laws, rules, regulations, and permit conditions. Section 4: BYLAWS A. Observance of Bylaws. City shall abide by the Farmers Canal Company bylaws. A copy of the Farmers Canal Company bylaws may be obtained by contacting the Farmers Canal Company representative at the address provided in the Notice section below. Section 5: COMPENSATION AND INVOICE A. Compensation and Invoicing. City shall pay Farmers Canal Company an annual fee per miner’s inch. Fees shall be invoiced and paid annually in advance of the irrigation season based on the number of miner’s inches that are reflected on City’s Privately Owned Water Rights abstracts as being diverted through the Farmers Canal. Consistent with the Bylaws, water shall not be delivered to users with delinquent accounts. B. Fees/ Rate Setting. Fees shall be assessed on a per Miner’s Inch (MI) basis. Fees per MI for delivery of City’s Hyalite Shares and Privately Owned Water Rights shall not exceed rates charged per MI for Share Water for Shareholders. Said fee is set at $2.50 per inch for the 2020 season with a $50.00 minimum and like Share Water, is subject to periodic adjustment as noticed and adopted at the annual meeting. Rates charged per inch for City’s privately owned water rights will not exceed rates charged per inch for share water. C. Notice of Meeting. City shall be provided notice of the annual meeting at the address listed on its water rights abstract. City shall have the right to attend the annual meeting. D. Notice of Yearly Rate. The rate per Miner’s Inch shall be determined by the Directors of Farmers Canal Company at the annual meeting. Farmers Canal Company has no obligation to deliver water to City if they are in arrears on their account. 55 WATER DELIVERY AGREEMENT FARMERS CANAL COMPANY AND CITY OF BOZEMAN Page 5 of 8 Section 6: RECIPROCAL INDEMNIFICATION / HOLD HARMLESS A. Water User Indemnity. City shall indemnify, defend, and hold Farmers Canal Company, and Farmers Canal Company’s officers, directors, employees, shareholders, contractors, and agents harmless from and against all claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees and costs) arising from the delivery or non-delivery of water for City’s Hyalite Shares and Privately Owned Water Rights under this Agreement. The City’s agreement to hold harmless, defend and indemnify shall not apply to the negligence or willful misconduct of Farmers Canal Company or Farmers Canal Company’s officers, directors, employees, shareholders, contractors, and agents. B. Farmers Indemnity. Farmers Canal Company shall indemnify, defend, and hold City harmless from all claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees and costs) arising from ownership, operation and maintenance of the Farmers Canal system, or relating to the negligence or willful misconduct of Farmers Canal Company or Farmers Canal Company’s officers, directors, employees, shareholders, contractors, and agents. Farmers Canal Company’s agreement to hold harmless, defend and indemnify shall not apply to the negligence or willful misconduct of City or City’s officers, directors, employees, contractors, and agents. Section 7: FORCE MAJEURE A. Definition. For the purposes of this Agreement an event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent, including, without limitation the following events and circumstances: earthquakes, flood, fire or other physical natural disaster, but excluding weather conditions regardless of severity. B. No Responsibility. Neither party is responsible for any failure to perform its obligations under this Agreement if it is prevented or delayed in performing those obligations by an event of force majeure. C. Notification. Where there is an event of force majeure, the party prevented from or delayed in performing its obligations under this Agreement must 56 WATER DELIVERY AGREEMENT FARMERS CANAL COMPANY AND CITY OF BOZEMAN Page 6 of 8 immediately notify the other party describing the event of force majeure and the reasons for the event of force majeure preventing that party from, or delaying that party in performing its obligations under this Agreement and that party must use its reasonable efforts to mitigate the effect of the event of force majeure upon its performance of the Agreement and to fulfill its obligations under the Agreement. D. Recommence Performance. Upon completion of the event of force majeure the party affected must as soon as reasonably practicable recommence the performance of its obligations under this Agreement. E. Prior Liability Intact. An event of force majeure does not relieve a party from liability for an obligation which arose, and should have been performed, before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event. Section 8: CHOICE OF LAW AND DISPUTE RESOLUTION A. Choice of Law. This Agreement shall be construed under the laws of the State of Montana. B. Dispute Resolution. If a dispute arises as to the terms or conditions of this Agreement, the dispute shall be submitted to the Board of Directors of Farmers Canal Company in writing at the address provided in the most current bylaws. The Board shall place issues raised in this manner on the next Board meeting agenda and provide notice to the parties in the dispute. The Parties agree to pursue mediation of any dispute that cannot be resolved through informal negotiations. In the event of any dispute, each party shall bear their own attorney’s fees and costs. Section 9: TERMINATION & REMEDIES A. Delivery Curtailment. Farmers Canal Company may refuse delivery of water if water delivery fees are delinquent for 60 days after billing or for any uncured violation of any other provision of this Agreement that threatens Farmers Canal Company deliveries to its shareholders, or poses a risk to Farmers Canal Company delivery system. 57 WATER DELIVERY AGREEMENT FARMERS CANAL COMPANY AND CITY OF BOZEMAN Page 7 of 8 B. Agreement Termination. Farmers Canal Company may terminate the Agreement if water delivery fees are more than 60 days in arrears or for any uncured violation of any other provision of this Agreement that threatens Farmers Canal Company deliveries to its shareholders, or poses a risk to Farmers Canal Company delivery system. Termination of this Agreement shall occur only after City has received written notice followed by a 30 day period to cure the noticed deficiency. C. Referral to Board. Any disagreements with decisions to terminate may be brought to the Board of Directors of Farmers Canal Company. D. Right to Reinstate. Farmers Canal Company may make a determination not to terminate this Agreement if City can show full compliance or a time schedule for compliance that is satisfactory to Farmers Canal Company within the 30-day notice period. E. Water User’s Right to Terminate. City may terminate this Agreement, if City’s Privately Owned Water Rights are terminated, withdrawn, changed, or for other lawful reason, upon 30 days written notice to the Board of Directors of Farmers Canal Company. Section 10: NOTICE A. All notices shall be provided to the PARTIES at the following addresses: Farmers Canal Company City of Bozeman: ATTN: ___________________As per the name and address listed _________________________on party’s water right abstract(s). _________________________ All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if mailed, by certified mail, return receipt requested, or by overnight service having a record of receipt to the addresses indicated below. 58 WATER DELIVERY AGREEMENT FARMERS CANAL COMPANY AND CITY OF BOZEMAN Page 8 of 8 IN WITNESS WHEREOF, each of the parties sign this Agreement intending to be bound by it. Farmers Canal Company Date: City of Bozeman: Date: Date: Printed: Title: 59 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, PE, Engineer III Shawn Kohtz, PE, City Engineer Mitch Reister, PE, Director of Public Works SUBJECT:Authorize the City Manager to Sign a Contract with Missouri River Contractors for the Construction of Changes to the Bike Lanes on Peach Street at Rouse Avenue MEETING DATE:April 13, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Contract with Missouri River Contractors for the Construction 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 Missouri River is already on site completing the construction of the Rouse Avenue Project, it is in the best interest of the public that the City of Bozeman contract directly with Missouri River Contractors. City staff consulted with the Bozeman Area Bicycle Advisory Board on potential changes and then worked with DOWL to develop a design that fits the constraints of the location and provides a separated path for bicycles to use along the west approach of Peach Street. The final design was again 60 discussed with the Bozeman Area Bicycle Advisory Board and the Board is supportive of the the changes as proposed. The design has been reviewed and approved by the City Engineer and the Director of Public Works. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the Commission. FISCAL EFFECTS:The construction cost is $78,564.00. This work will be paid for from the Arterial and Collector District Fund. Attachments: 20210413_CONSTRUCTION AGREEMENT.pdf 20210413_Attachment A.pdf Report compiled on: April 8, 2021 61 Page 1 of 18 CONTRACT AGREEMENT THIS AGREEMENT is made and entered into this 13th day of April, 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, Missouri River Contractors, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the covenants, agreements, representations, and warranties contained herein, the parties agree as follows: 1. Work to be Performed: A description of the work to be performed (the “Work”) is set forth in the attached Scope of Services (Attachment A) which is incorporated herein by this reference. Unless otherwise provided in the Scope of Services, Contractor shall furnish all the labor, materials, equipment, tools, and services necessary to perform and complete the Work. 2. Contract Documents: The Contract Documents which comprise the entire agreement between the City and Contractor as attached to or referenced in this Agreement, are made a part hereof by this reference and consist of the following: a. This Agreement. b. Proof of Insurance and Performance and Payment Bonds. c. Montana Public Works Standard Specifications, 6th Edition (MPWSS), and as further amended by the City of Bozeman Modifications to MPWSS. d. Notice to Proceed. There are no Contract Documents other than those listed above in this Section 2. The Contract Documents may not be altered, amended or repealed except by a modification (as defined in the MPWSS, General Conditions). 3. Time of Performance: Contractor shall begin the Work after receiving a Notice to Proceed from City and shall complete the Work no later than June 1, 2021. Time is of the essence of completion of all work and each phase of the Work. 62 Page 2 of 18 4. Payment: a. Upon satisfactory final completion and acceptance of the Work, City shall pay to Contractor, and Contractor shall accept as full payment for the performance of this Agreement and the Work, the amount of seventy eight thousand five hundred and sixty four dollars ($ 78,564.00). b. If work not included within the Scope of Services, Attachment A is requested by City, such additional work and the related compensation shall be agreed to in writing by both parties prior to commencement of the additional work (“Change Order”). c. Contractor shall submit applications for payment in accordance with the Montana Public Works Standard Specification, 6th Edition General Conditions. Applications for payment will be processed as provided in the General Conditions. d. Upon acceptance of final payment and for other good and valuable consideration, Contractor shall and hereby does release and forever discharge City, its officers, agents, and employees of and from any and all claims, demands, actions, causes of action, obligations, and liabilities of every kind and character whatsoever, in law and in equity, whether now known or in the future discovered, arising from or related to this Agreement or the Work that Contractor may have or assert against City, its officers, agents, and employees. e. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in the MPWSS. 5. Inspection and Testing: a. City has the right to inspect and test any and all Work performed by Contractor. Contractor shall allow City and its agents access to the Work at all times and shall provide every reasonable facility for the purpose of such inspection and testing, including temporarily discontinuing portions of the Work or uncovering or taking down portions of the finished Work. Any inspection and testing performed by the City and its agents is for the sole benefit of the City and shall not relieve the Contractor of its duty, responsibility, and obligation to ensure that the Work strictly complies with the Agreement terms and conditions and all applicable laws and building and safety codes. City’s inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Work. City’s inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the Contractor under this Agreement. 63 Page 3 of 18 b. Contractor shall, without charge, replace any material or correct any Work found by the City or its agents to be defective or otherwise not in compliance with the terms and conditions of this Agreement. In the event Contractor fails to replace or correct any defective work or materials after reasonable written notice by the City to do so, the City may take such corrective action, either with its own materials and employees or by retaining any third party to do so, and deduct the cost and expense of such corrective action from the Contractor’s compensation. 6. Contractor’s Representations and Warranties: In order to induce the City to enter into this Agreement, Contractor represents and warrants as follows: a. Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, the Work site, 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 Work. b. Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work. c. Contractor has made or caused to be made examinations, and investigations as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by Contractor for such purposes. d. Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. e. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. 7. General Requirements: a. Contractor Use of Premises. The Contractor shall confine his operations at site of the proposed work to within the right-of-way or construction easements provided. b. Safekeeping of Equipment and Materials on Work Site. It shall be understood that the responsibility for protection and safekeeping of equipment and materials on or near the site will be entirely that of Contractor and that no claim shall be made against the City by reason of any act of an employee or trespasser. It shall be further understood that 64 Page 4 of 18 should any occasion arise necessitating access by the City to the sites occupied by these stored materials and equipment, the Contractor owning or responsible for the stored materials or equipment shall immediately remove same. No materials or equipment may be placed upon any private property until the property owner has agreed in writing to the location contemplated by the Contractor to be used for storage. c. Excavation. Where excavation will be required adjacent to existing structures, the Contractor shall be solely responsible to maintain the structural integrity of the existing structures. The Contractor shall take whatever means necessary to insure that the existing structure is not damaged and if necessary shall install sheet piling. The Contractor shall repair all damage to the existing structures at his own expense. Any fences destroyed during construction shall be repaired to the satisfaction of the property owner. Any delay, additional work, or extra cost to the Contractor caused by existing underground installations shall not constitute a claim for extra work, additional payment or damages. d. Protection of Existing Mailboxes, Curbs and Gutters and Driveways. The Contractor shall take whatever means necessary to insure that the existing mailboxes, curbs and gutters and driveways are not damaged during construction. If it is necessary to remove or disturb mailboxes during construction, the Contractor shall repair and restore the mailboxes at his own expense to the satisfaction of the property owner. Any curb, gutter, or driveways damaged during construction, not noted to be replaced on the drawings, shall be replaced by the Contractor at his own expense. e. Surface Drainage. Water from such sources as surface runoff, dewatering and flushing of water lines during project construction shall not be allowed to enter into drainage ways or open areas that will cause flooding of existing structures, street intersections, or lawn areas. f. Debris; Restoration. While performing the Work, and as part of the final completion of the Work, Contractor shall clean up the Work site, including the removal and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the performance of any other work necessary to restore the site to at least as good order and condition as at the commencement of the Work. Any disturbed landscaped areas shall be properly restored. g. Work Sequence. The Contractor shall schedule the work to minimize inconvenience to the City and to adjacent property owners and to minimize interruptions to utility service. This shall include minimizing obstruction to local traffic especially on dead end streets. Work shall be scheduled so as to minimize disruptions to local mail delivery. h. Traffic Control. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads and walks, the Contractor shall obtain approval of such 65 Page 5 of 18 actions from the County or Montana Department of Transportation and shall provide and maintain suitable and safe lighted detours or other temporary expedients for the accommodation of public and private travel in accordance with the current edition of the Manual on Uniform Control Devices for Streets and Highways (MUTCD). The Contractor shall not occupy the work site or initiate construction until all traffic control provisions are in place and the City has been so notified. The Contractor shall cooperate and coordinate his methods with the City’s traffic control plans prior to the disruption of the normal flow of any traffic. i. Safety. Safety provisions must be entirely adequate and meet with City, County, State and Federal regulations to protect the public on affected streets and roads. 1) Barricades and Lights. Prior to the start of construction across roads or walks, all construction permits shall be obtained, utility companies notified, and traffic patterns, signing, location of flagmen, barricades and other safety measures arranged. Providing and maintaining safety barricades, and other work site safety measures shall be the responsibility of the Contractor and shall be included in the contract price. 2) All open trenches and other excavations shall be provided with suitable barriers, signs, and lights to the extent that adequate protection is provided to the public. Obstructions, such as material piles and equipment, shall be provided with similar warning signs and lights. 3) All barricades and obstructions shall be illuminated by means of warning lights from sunset to sunrise. Materials stored upon or alongside public streets and highways shall be provided with similar warning signs and lights. 4) All barricades, signs, lights and other protective devices shall be installed and maintained in conformity with applicable statutory requirements and, where within railroad and highway right-of-way, as required by the authority having jurisdiction thereover. 5) Work performed within property under the City’s jurisdiction shall have all barricades, signs, lights and protective devices installed and maintained. 8. Delays and Extensions of Time: If Contractor’s performance of this Agreement is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of the termination of such delay, give the City written notice of the total actual duration of the delay. If the City is provided with these required notices and if the City determines that the cause of the delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the fault or negligence of the Contractor, then the City will determine the total duration of the delay 66 Page 6 of 18 and extend the time for performance of the Agreement accordingly. Unless the delay is caused by the intentional interference of the City with the Contractor’s performance, Contractor shall make no claim for damages or any other claim other than for an extension of time as herein provided by reason of any delays. 9. Suspension: a. The City may, by written notice to the Contractor and at its convenience for any reason, suspend the performance of all or any portion of the work to be performed on the Work (“Notice of Suspension”). The Notice of Suspension shall set forth the time of suspension, if then known to the City. During the period of suspension, Contractor shall use its best efforts to minimize costs associated with the suspension. b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts for materials, services, or equipment; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental agreements to the extent that they relate to the performance of the work suspended; and (4) continue to protect and maintain the Work, including those portions on which work has been suspended. c. As compensation for the suspended Work, Contractor will be reimbursed for the following costs, reasonably incurred, without duplication of any item, and to the extent that such costs directly resulted from the suspension: (1) all reasonably incurred costs for the demobilization of Contractor’s and subcontractor’s crews and equipment; (2) an equitable amount to reimburse Contractor for the cost to protect and maintain the Work during the period of suspension; and (3) an equitable adjustment in the cost of performing the remaining portion of the work post-suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on the Work has increased or decreased. d. Upon receipt of written notice by the City to resume the suspended work (“Notice to Resume Work”), Contractor shall immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section 9(c) shall be made within fifteen (15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised Work Schedule for the City’s review and approval. Contractor’s failure to timely make such a claim shall result in a waiver of the claim. 67 Page 7 of 18 e. No compensation described in Section 9(c) shall be paid and no extension of time to complete the Work shall be granted if the suspension results from Contractor’s non- compliance with or breach of the terms or requirements of this Agreement. 10. 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, and may immediately take possession of and use such materials, appliances, tools, and equipment as may be on the site and which may be necessary for the completion of the Work. b. In the event of a termination pursuant to this Section 10, Contractor shall be entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor shall not be entitled to any further payment until the Work has been completed. Upon completion of the Work, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City of completing the work, including all costs paid to any subcontractors or third parties retained by the City to complete the Work and all administrative costs resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay the difference, plus interest at the rate applicable to court judgments, to the City. c. Any termination provided for by this Section 10 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 10, 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. 11. 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 work on the Work, 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 68 Page 8 of 18 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 work on the Work, discontinue placing orders for materials, supplies, and equipment for the Work, and make every reasonable effort to 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, in progress, or in transit to the construction site. c. In the event of a termination pursuant to this Section 11, Contractor is entitled to payment only for those services Contractor actually rendered and materials actually purchased or which Contractor has made obligations to purchase on or before the receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any materials that City is obligated to purchase from Contractor will remain the City’s sole property. d. The compensation described in Section 11(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. 12. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ten (10) 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. 13. Representatives and Notices: 69 Page 9 of 18 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 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 Nick Miller 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. 14. Locating Underground Facilities: Contractor shall be responsible for obtaining and determining the location of any underground facilities, including but not limited to, the location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every effort to avoid damage to underground facilities and shall be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities, this fact shall be noted in writing prior to commencement of such location work. 15. 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, pay all fees and charges in connection therewith, and perform all surveys and locations necessary for the timely completion of the Work. 16. Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or 70 Page 10 of 18 prepared by or for Contractor in contemplation of, or in the course of, or as a result of this Agreement or work on the Work, shall be promptly furnished to the City (“City Documents and Information”). All City Documents and Information shall be the exclusive property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in and to the City Documents and Information, including but not limited to, all copyright and patent rights in and to the City Documents and Information. Neither party grants to the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement. 17. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, Montana Contractor Registration requirements, Montana Contractors Gross Receipts Tax (Title 15, Chapter 50, MCA), 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. 18. 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. 71 Page 11 of 18 19. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site of the Work. 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. 20. Labor Relations: a. In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of the Work, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Work 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 to resume work on the Work 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 work on the Work to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. b. 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. 21. Subcontractors: a. Contractor may employ subcontractors for any part of the Work. Contractor shall provide City with a list of all subcontractors employed. b. Contractor remains fully responsible for the acts and omissions of any subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall remain fully responsible and liable for the timely completion of the Work. c. Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold all payments received from the City in trust for the benefit of subcontractors, and all such payments shall be used to satisfy obligations of the Work before being used for any other purpose. Contractor shall make any payments due to any subcontractor within 72 Page 12 of 18 seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from the City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall promptly pay the undisputed amount to the subcontractor and notify the subcontractor in writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days’ written notice to Contractor, may pay subcontractor by direct or joint payment. 24. Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in connection with the Work. If the Contractor allows any indebtedness to accrue to subcontractors or others during the progress of the work, and fails to pay or discharge the same within five (5) days after demand, then City may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor shall immediately notify the City and shall cause the same to be discharged of record within thirty (30) days after its filing. 25. Indemnification; Insurance; Bonds: a. 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 and 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. b. 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). 73 Page 13 of 18 c. Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. d. 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. e. In the event of an action filed against 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. f. 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. g. These obligations shall survive termination of this Agreement and the services performed hereunder. h. 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 and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as shown below:  Workers’ Compensation – not less than statutory limits;  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;  Products and Completed Operations – $1,000,000;  Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate (all owned, hired, non-owned vehicles);  Builder’s Risk/Property Insurance at least as broad as that provided by the ISO special causes of loss form (CP10 30) naming at a minimum the City in an 74 Page 14 of 18 amount equal to greater of Contractor’s compensation or full replacement value of the work (covering at a minimum all work, buildings, materials and equipment, whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of laws, water damage, flood if site within a flood plain, repair or replacement costs, testing and start-up costs) on an all risk coverage basis. This insurance must include waivers of subrogation between the City and Contractor to the extent that damage to the Work or City Hall is covered by other insurance;  Owner’s and Contractor’s Protective Liability: one policy designating the City (including its agents, representatives, employees, and officers) as the insured and another independent policy designated the City’s Representative (including its consultants, consultants, agents and employees) as the insured on the declarations with both policies covering: (i) operations performed by the Contractor under this Agreement for the City; and (ii) the City’s and City’s Representatives acts or omissions, including negligent acts, in connection with its general supervision of the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence; $2,000,000 aggregate;  Contractual Liability Insurance (covering the Contractor’s indemnity obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000 aggregate The amounts of insurance provided shall be exclusive of defense costs. The City of Bozeman 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. 26. Performance and Payment Bonds: The Contractor shall furnish a Performance Bond and a Payment Bond in favor of the City each in an amount equal to one-hundred Percent (100%) of the Agreement amount. 27. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. Contractor understands that all contractors or subcontractors working on a publicly funded project are required to pay or have withheld from earnings a license 75 Page 15 of 18 fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue. 28. 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 shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 29. Attorney 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.. 30. Survival: Contractor’s indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 31. 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. 32. Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach. 33. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 34. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 76 Page 16 of 18 35. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 36. Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 37. 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. 38. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 39. Assignment: Contractor may not assign this Agreement in whole or in part without the prior written consent of the City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of the Work. Contractor may not assign to any third party other than Contractor’s subcontractors on the Work, the right to receive monies due from City without the prior written consent of City. 40. Authority: Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 41. Independent Contractor: The parties agree and acknowledge that in the performance of this Agreement and the completion of the Work, Contractor shall render services as an independent contractor and not as the agent, representative, subcontractor, or employee of the City. The parties further agree that all individuals and companies retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of the City. 42. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein 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. 43. 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. 77 Page 17 of 18 **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 78 Page 18 of 18 IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby. CITY OF BOZEMAN, MONTANA CONTRACTOR By: _______________________________ By: Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM: By: _______________________________ Greg Sullivan, City Attorney 79 80 81 82 83 Peach Street Bike Lanes - Scope of Work ITEM QTY UNIT UNIT PRICE TOTAL COST 203 020 225 EXCAVATION-STREET 77 CUYD 69.00$ 5,313.00$ 203 020 310 SPECIAL BORROW-NEAT LINE 25 CUYD 86.25$ 2,156.25$ 301 020 340 CRUSHED AGGREGATE COURSE 45 CUYD 74.75$ 3,363.75$ 401 020 045 PLANT MIX SURF GR S-3/4 IN 33 TON 138.00$ 4,554.00$ 401 210 300 HYDRATED LIME 0.5 TON 575.00$ 287.50$ 402 020 092 ASPHALT CEMENT PG 64-28 1.8 TON 690.00$ 1,242.00$ 402 020 315 EMULSIFIED ASPHALT-TACK COAT 6 GAL 69.00$ 414.00$ 608 010 020 SIDEWALK-CONCRETE 4 IN 228 SQYD 80.50$ 18,354.00$ 608 010 050 SIDEWALK-CONCRETE 6 IN 95 SQYD 94.30$ 8,958.50$ 608 010 125 DETEC WARNING DEVICES-TYPE 1 2 SQYD 460.00$ 920.00$ 609 010 200 CURB AND GUTTER-CONC 231 LNFT 46.00$ 10,626.00$ 619 010 086 SIGNS-ALUM REFL SHEET IV 5.00 SQFT 34.50$ 172.50$ 619 010 200 RESET SIGNS 1 EACH 172.50$ 172.50$ 619 010 230 REMOVE SIGN 2 EACH 115.00$ 230.00$ N/A MISCELLANEOUS WORK 1 EACH 2,500.00$ 2,500.00$ Construction Total 59,264.00$ N/A MOBILIZATION 1 EACH $ 13,800.00 13,800.00$ N/A INSURANCE AND BONDS 1 EACH $ 5,500.00 5,500.00$ Total 78,564.00$ MDT ITEM NUMBER 84 Memorandum REPORT TO:City Commission FROM:Luke Kline, Parks and Recreation Contracts Coordinator Mitch Overton, Parks and Recreation Department Director Chuck Winn, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Grounds Guys of Bozeman, LLC for Landscape Maintenance Services in the Parks and Trails District MEETING DATE:April 13, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with Grounds Guys of Bozeman, LLC for landscape maintenance services in the Parks and Trails District. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:On June 1, 2020, the Bozeman City Commission approved Resolution 5180 creating the Bozeman Parks and Trails Special District (District). To accomplish the District objectives the City has developed a multi-year District implementation plan designed to achieve steady calculated increases in level of service standards and sustainable maintenance practices in all City Parks. Beginning July 1, 2020 City’s Parks and Recreation Department assumed full responsibility for all of the District’s designated park properties including the addition of 235 acres of park land located within subdivision parks previously maintained by home owners/community associations. To address the maintenance required in the new District the City will establish contracts for professional services with qualified contractors. In February 2021, the Parks and Recreation Department conducted a request for proposals process to acquire professional services required to maintain parks grounds and landscape areas in the District. After careful evaluation and review, Grounds Guys of Bozeman, LLC was determined to be the most qualified vendor for Parks and Trails District Landscape Maintenance Services Zone 2 area. The Grounds Guys of Bozeman, LLC has demonstrated an established ability to work with local property owners associations and property management companies and the ability to complete landscape services identified in the Zone 2 area The selected contractor Grounds Guys of Bozeman, LLC will complete the services as defined in attached Exhibit A: Scope of Services and Exhibit B: Quote for 85 Landscape Maintenance services beginning in spring of 2021. UNRESOLVED ISSUES:None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: Funding is currently allocated for this maintenance within the FY21 and FY22 budget in the Parks and Trails District Maintenance Fund account. Attachments: Professional Services Agreement.pdf Exhibit A Scope of Services Landscape Maintenance Zone 2.pdf Exhibit B Quote for Landscape Maintenance Services Zone 2 (Grounds Guys).pdf Report compiled on: March 31, 2021 86 Professional Services Agreement for Landscape Maintenance Services Zone 2 FY 2020 – FY 2021 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 13th day of April, 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, Grounds Guys of Bozeman LLC., 77D Nugget Lane, Belgrade, MT 59718, 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 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 specified in the Appendix C Maintenance Schedule Zone 2 (LANDSCAPE) attached hereto as Exhibit B. 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 87 Professional Services Agreement for Landscape Maintenance Services Zone 2 FY 2020 – FY 2021 Page 2 of 11 Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 88 Professional Services Agreement for Landscape Maintenance Services Zone 2 FY 2020 – FY 2021 Page 3 of 11 Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under 89 Professional Services Agreement for Landscape Maintenance Services Zone 2 FY 2020 – FY 2021 Page 4 of 11 this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. 90 Professional Services Agreement for Landscape Maintenance Services Zone 2 FY 2020 – FY 2021 Page 5 of 11 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately 91 Professional Services Agreement for Landscape Maintenance Services Zone 2 FY 2020 – FY 2021 Page 6 of 11 in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Luke Kline, Contracts Coordinator 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. 92 Professional Services Agreement for Landscape Maintenance Services Zone 2 FY 2020 – FY 2021 Page 7 of 11 b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Bryan Buerkle 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. 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 93 Professional Services Agreement for Landscape Maintenance Services Zone 2 FY 2020 – FY 2021 Page 8 of 11 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. 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 94 Professional Services Agreement for Landscape Maintenance Services Zone 2 FY 2020 – FY 2021 Page 9 of 11 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. 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 95 Professional Services Agreement for Landscape Maintenance Services Zone 2 FY 2020 – FY 2021 Page 10 of 11 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 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 three years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 96 Professional Services Agreement for Landscape Maintenance Services Zone 2 FY 2020 – FY 2021 Page 11 of 11 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 97 City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 February 2021 REQUEST FOR PROPOSALS (RFP) PARKS & TRAILS DISTRICT LANDSCAPE MAINTENANCE SERVICES ZONE: 2 City of Bozeman Bozeman, MT 98 Page 5 of 25 III. SCOPE OF SERVICES If selected a contractor will provide the City with professional expertise to successfully implement the proposed scope of services. The City has provided a summary of the basic maintenance components and site locations to assist in understanding the tasks and maintenance services desired. Specifications are general in nature and not intended to encompass all the projects complexity. Contractor shall become familiar with the specified locations and the needs of each facility to best determine their ability to complete the described maintenance specifications. Additional tasks and work elements may be inserted into the scope of services during contract negotiations with the selected firm. It is also possible that tasks or elements could be removed during negotiations or not included in an initial contract because of regulatory uncertainty, budget limitations, contracting strategy or any combination thereof. Proposals must clearly identify any elements of the proposed scope of services that would not be provided by the prime contractor. Any sub-contractors which comprise the respondent team must be identified along with a description of past working history between the firms. The scope of services includes: 1.Contractor shall be responsible for completion of site specific landscape maintenance and grounds keeping services identified and described in Appendix D: Park location Maps Zone 2. 2.Contractor proposals shall include cost associated with delivery of tasks described in Appendix C: Maintenance Schedule Zone 2 and Additional Services listed to be considered for proposal award. 3.Contractor shall provide a fixed cost per item for all services at the frequency designated/described in Appendix C: Maintenance Schedule Zone 2. Services requested for Maintenance Schedule Zone 2 include: a.Mowing b.Weedeating / Trimming c.Fertilizer Application d.Spraying Application / Weed Control e.Dog Station Maintenance f.Garbage / Trash Removal 99 Page 6 of 25 4.Contractor shall provide a fixed hourly rate for services described in Appendix C: Maintenance Schedule. Additional Services requested include: g.Mowing h.Weedeating / Trimming i.Dog station maintenance j.Landscaping k.Clearing, brushing, pruning of vegetation l.Maintenance of native grass/naturalized areas m.Trail maintenance n.Removal of seasonal debris, leaves, litter o.Overseeding turf areas p.Garbage trash/removal q.Aerating & Thatching 5.The final scope of services may change and will be contained in a professional services agreement to be executed by the City and the selected Contractor. Contractor proposals shall include additional explanation if items costs are excluded from the scope of services provided. Irrigation services/maintenance are not included in this RFP and will be contracted separately. 100 PARK NAME SITE DISCRIPTION LOCATION:MAP/LOCATION (GREEN AREA ONLY) CATTAIL CREEK PARKS A & B TURF: YES/UNK IRRIGATION: YES/UNK Park A: Blackbird Dr. to Warbler Way & South fo Cattail St. Park B: Catron St. to Cattail St. & Blackbird Dr. to Warbler Way. 2-B 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Areas 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $ SANDAN PARK TURF: YES/FAIR IRRIGATION:YES/ME DIUM/FAIR Downy Ln. to Savannah St. & Fen Way to Blackbird Dr. 2-C 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Areas 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $ CATTAIL CREEK PARK PHASE 3 TURF: YES/UNK IRRIGATION: YES/MEDIUM/FAIR Catron St. to Catamount & Blackbird Dr. to Warbler Way.2-D 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Areas 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $ HARVEST CREEK PARK 1-4 TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR W. Oak St. to Durston Rd. & Springbrook Ave. to to N. 27th Ave.2-E 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Areas 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $ HEADLANDS PARK 1-4 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Linear Park between Bridger Canyon Dr. & Headlands Dr. 2-F 1x/week (price per mow)$1x/week (price per trimming) $ On On Turf Areas 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/biweekly/as needed $1x/biweekly/as needed $ SOROPTOMIST PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Main St. to Babcock St. at Rouse Ave. 2-G 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Areas 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/biweekly/as needed $ 1x/biweekly/as needed $ WALTON HOMESTEAD PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Corner of 15th Ave. and Juniper St. 2-H 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Areas 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $ WESTGLEN PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Between Drouillard Dr. and Meriweather Ave. at Mendenhall St. 2-I 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Areas 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/biweekly/as needed $ 1x/biweekly/as needed $ WILLOW PARK TURF: YES/FAIR IRRIGATION: NO Michael Grove Ave. south of Peter Pl. 2-J 1x/biweekly (price per mow)$1x/biweekly (price per trimming) $ On Turf Areas 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/biweekly/as needed $ 1x/biweekly/as needed $ BRIDGER CREEK PARK PHASE 1 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Off Boyland Rd. Park with a pond. 2-K 1x/week (price per mow)1x/week (price per trimming) $ On Lawn Area 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $ BRIDGER CREEK PARK PHASE 2-3 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR PH. 2: Augusta Dr. off Mcilhattan Rd. PH. 3 Trail corrador Story Mill Dr. to Mcillhattan Rd. & North of St Andrews Dr. 2-L 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Areas 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $ VILLAGE DOWNTOWN PARK TURF: UNK IRRIGATION: YES/MEDIUM/FAIR E-W trail corridor N. Broadway Ave. to Village Crossing Way.2-M 1x/biweely (price per mow)$1x/biweekly (price per trimming) $ On Turf Areas As needed (price per application) $ Broad leaf weed control As needed (price per application) $ 1x/biweekly/as needed $ 1x/biweekly/as needed $ BAXTER SQUARE PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Corner of Sartain St. and Renee Way & Baxter Ln. to Sartain St. 2-N 1x/biweekly (price per mow)$1x/biweekly (price per trimming) $ On Lawn Area As needed (price per application) $ On Lawn Area As needed (price per application) $ 1x/biweekly/as needed $ 1x/biweekly/as needed $ WEST WINDS PARK (ALL PHASES) TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Oak St. to Baxter Ln. & Davis Ln. to 27th Ave. 2-O 1x/week (price per mow)$1x/week (price per trimming) $ On Lawn Area 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $ LEGENDS AT BRIDGER CREEK PARK 1 TURF: YES/UNK IRRIGATION: YES/UNK North of Pinicle Star St. 2-P 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Areas 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $ LEGENDS AT BRIDGER CREEK PARK 2 TURF: YES/GOOD IRRIGATION: YES/MEDIU/FAIR Boyland Rd. W. of Pinicle Star St. 2-Q 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Areas 1x/year/as needed (price per application) $ On Lawn Area 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $ CREEKWOOD SUB PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR End of Creekwood Dr. 2-R 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Areas 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $ CATTAIL LAKE PARK TURF: YES/FAIR IRRIGATION: YES East of Davis Ln. on Troutmeadow Rd. & Blackbird Dr. 2-S 1x/biweekly (price per mow)$1x/biweekly (price per trimming) $ On Turf Areas 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/biweekly/as needed $ 1x/biweekly/as needed $ PINE MEADOW PARK/ VALLEY MEADOWS PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR W. Villard St. between Valley Dr. and Merriwether 2-T 1x/biweekly (price per mow)$ 1x/biweekly (price per trimming) $ On Turf Areas 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/biweekly/as needed $ 1x/biweekly/as needed $ OAK MEADOWS PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Crabapple Dr. to Juniper St. & N. 14th Ave to N. 12th Ave. 2-U 1x/week (price per mow)$ 1x/week (price per trimming) $ On Turf Areas 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $ $ Per Hour Rates $ $ $ $ Aerating & Thatching Appendix C: Maintenance Schedule- Zone 2 (LANDSCAPE) MOWING FREQUENCY: (TURF AREAS) TRIMMING FREQUENCY:FERTILIZER APPLICATION FREQUENCY: SPRAYING APPLICATION WEEDS REMOVAL FREQUENCY:DOG STATION MAINTENANCE GARBAGE TRASH REMOVAL Parks Additional Services: Fixed Per Hour Rates Service ADDITIONAL COMMENTS Mowing Weedeating / Trimming Dog station maintenance Landscaping Clearing, brushing, pruning of vegetation Maintenance of native grass/naturalized areas Trail maintenance $ $ $ Removal of seasonal debris, leaves, litter Overseeding turf areas Garbage removal $ $ $ 101 CITY OF BOZEMAN BOUNDARY/TOPOGRAPHIC MAP Appendix C: Maintenance Schedule Zone 2 MAP/ LOCATION : OVERVIEW LK 1/21 PARKS MAINTENANCE ZONE 1-3 MAP 102 1 THE GROUNDS GUYS OF BOZEMAN Bryan Buerkle, Owner 406-315-4217 Bozeman.Owner@GroundsGuys.com 77D Nugget Lane, Belgrade, MT 59714 Bozeman Parks & Trails District RFP Landscape Maintenance Services Zone:2 103 6 Price Proposal The price proposal utilized the table provided in Appendix C of the RFP. *Estimates above assumes only maintaining irrigated turf areas, native grass areas are additional services *Estimate above assumes new dog station bags and new trash bags every week 104 7 Additional Services as specified Services Per Hour Rates Additional Comments Mowing $90 Standard 36-54” zero turn mower on irrigated turf Weeding/Trimming $75 Standard handheld gas/electric powered trimmers Dog Station Maintenance $70 Hourly rate, materials are an addition Landscaping $100 Hourly rate, materials and equipment are an addition Clearing, Brushing, Pruning of Vegetation $90 Hourly rate for standard pruning services, landfill/hauling fee are an addition if excessive Maintenance of native grass/naturalized areas $100 Hourly rate for 54” mower or ATV sprayer, if brush mower/tractor is needed or larger sprayer, additional equipment rates will be applied Trail Maintenance $100 Hourly rate for ATV sprayer, if gravel work is requested, equipment/materials are an addition Removal of seasonal debris, leaves, litter $75 Hourly rate for standard bagging mowers, landfill/hauling fee are an addition Overseeding turf areas $90 Hourly rate for overseeding grass in small area’s, additional equipment/materials may apply if larger areas are requested for overseeding Garbage removal $70 Hourly rate, landfill/hauling fee are an addition if excessive materials Aerating & Thatching $155 Standard rate for walk behind core aerator or de- thatching and bagging 105 10 106 Memorandum REPORT TO:City Commission FROM:Tara Preston, Asset/GIS Systems Administrator Zac Collins, Asset Systems Program Manager Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign an Amendment Number One to the Contract Agreement with VertiGIS for the Capital Planning Project Application and Workflow Development Project for the Additional Funds of $50,000 for a Contract Total of $83,600 MEETING DATE:April 13, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign an amendment number one to the contract agreement with VertiGIS for the Capital Planning Project Application and Workflow Development Project for the additional funds of $50,000 for a contract total of $83,600. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:On December 22, 2020, the City Commission approved a contract with VertiGIS’s Professional Services team to develop a Capital Project Planning Application and Workflow to assist with streamlining the Public Works Department’s Capital Improvement Program (CIP) project proposal and data entry process. This project has been successfully initiated and development is moving forward. After initial implementation and exploration of other tools VertiGIS has helped develop for other communities, the Engineering Division approached GIS with ideas to expand this project from the CIP project proposal and planning stage, to project tracking and communication. This amendment (See Exhibit B) will expand the scope of the contract to develop additional reports within the viewer, integrate with the Engineering Divisions existing internal project tracking system, and optionally, develop a public CIP map/viewer where the community can track CIP projects as they move from planning into construction all the way to completion. All of these tools and functionality will be implemented using VertiGIS’s Geocortex 5 series products. UNRESOLVED ISSUES:None. 107 ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS: $33,600 is currently approved for this work within the FY21 approved budget for the GIS Division of the Strategic Services Department. The additional $50,000 for this project will be allocated from the Public Works Administrative Fund. Attachments: Exhibit A - VertiGIS Capital Project Planning App Development Proposal.pdf Exhibit B - VertiGIS Capital Project Planning App Development Proposal Amendment.pdf PSA Amendment VertiGIS 2021.pdf Report compiled on: March 17, 2021 108 Contact: Matt Vaillant Email:Matt.Vaillant@vertigis.com Tel: (250) 381-8130 From: VertiGIS North America Ltd. 300 - 1117 Wharf Street Victoria, BC V8W 1T7 Canada City of Bozeman Capital Project Planning App Development Reference ID:P-202051720 |November 24, 2020 109 Legal Privacy & Confidentiality The contents of this document are confidential and proprietary. Disclosure, distribution or sharing of this information with persons or entities, for which it is not intended, in any form or for any other purpose than the evaluation of this proposal, is prohibited without the express, written consent of VertiGIS North America Ltd. In situations where information is required to be shared publicly to comply with policies regarding transparency of information, all statements must be signed off on by both VertiGIS and City of Bozeman prior to being published. Trademarks Geocortex and VertiGIS are registered trademarks of VertiGIS North America Ltd. in the United States and Canada.Essentials is a registered trademark of VertiGIS North America Ltd. in the United States. Other companies and products mentioned are trademarks or registered trademarks of their respective owners. Trademarks provided under license from Esri. Acceptance of Terms & Conditions City of Bozeman acknowledges that it has reviewed the process, terms, conditions, and reserved rights contained in this proposal and has voluntarily chosen to participate in this proposal subject to those procedures, terms, conditions, and reserved rights. This proposal is valid for 60 calendar days from the date of delivery. All services and deliverables are subject to the terms and conditions of this proposal and shall supersede any conflicting terms in the client's purchase order. All Geocortex software included in this proposal are subject to the Licensing Terms of Use at www.geocortex.com/legal. Software subscriptions begin on the date of purchase. © 2020 VertiGIS North America Ltd.All Rights Reserved. 2 110 Document Control Sheet Version History Version Date Changed by:Nature of Amendment 1.0 September 29, 2020 Joshua Zapf 1st Draft 1.1 November 6, 2020 Jon Swoveland Edits made to the Deliverables page to follow City of Bozeman's notes and requests, edit to Cost Page. 1.2 November 24, 2020 Joshua Zapf Edit to Deliverables to increase Implementation Services time as requested; update to Cost Page. Approvals Name: Position: Signature: Date: Name: Position: Signature: Date: 3 111 Overview In 2016, the City of Bozeman contracted VertiGIS' Professional Services team to deliver the Capital Improvement Project (CIP) Editor tool – built on the Geocortex Web GIS platform. As part of their efforts to modernize the City's Web GIS products, the City would like to provide their users with an updated CIP Editor tool. This updated tool will be implemented using VertiGIS' Geocortex 5 series products. 4 112 Professional Services By combining innovative software with world-class services, we empower customers to face their GIS challenges with confidence,help them manage risk, and fast-track deployment of world-class web- mapping systems. Project-based Services Custom projects are often necessary to meet the needs of your organization, and our team of experts will help you succeed by providing a range of services from business analysis to project management. Business Analysis Our 20 years of experience creating web mapping applications for clients around the world has given us the experience to address and understand the unique requirements of your organization. Custom Development For the vast array of intended uses of GIS, building custom functionality or tailoring the platform to meet your specific requirements is a key part of the process. Upgrade/Migration Services As technology evolves, you may have to update your server or platform from time to time. Our services team can help you migrate from one system to another. We can either perform the migration ourselves, or our support team can provide you with assistance. Project Management Our project managers will partner with you to do more with Geocortex. They will help you establish a project plan, manage tasks, and arrive at a project's successful completion. Your project manager will also provide you with information throughout the project so you always know where things stand. 5 113 Technical Project Administration The following technical tasks will be performed by the VertiGIS development team to support the overall development effort. Development Environment Setup Project Setup One developer will create a repository in VertiGIS' code repository system (SVN) for the client and project based on the VertiGIS developer template, client, project, as well as target Geocortex Essentials and GVH versions. If the project involves multiple sites, this will involve manual modification of the template as applicable. Once the template has been set up in SVN, all developers and the team lead working on the project will check out the project to their local workstation and deploy it. This may involve installation of a new version of Geocortex Essentials if it is not already installed on the developer workstation. Remote Connectivity All members of the development team will work with the client to get authenticated access to the client environment and adequate security set on target systems. This may include access to secured ArcGIS Services, Geocortex instances, and remote desktop access to deployment servers. This task typically involves working with the client's network security team to acquire credentials, install VPN software, set up two-factor authentication, and work through issues such as system-specific connectivity problems and password issues. Environment Replication This task involves receiving sample development data from the client along with optional map documents (MXDs) for publishing the data to ArcGIS Server. On a shared internal ArcGIS Server (and possibly database) instance, the data will be deployed and published for all members of the VertiGIS development team to access. No external access will be allowed to the development data and ArcGIS services. Technical Task Setup The team lead will create and configure a project in VertiGIS' task tracking software (JIRA), selecting an appropriate template and creating project Epics. Tasks will be created and assigned to Epics for each individual work item and populated with acceptance criteria as appropriate. Each Task will be assigned an estimate and assigned a developer. The final step in this task will be to allocate JIRA Tasks to the first development sprint. Developer Project Meetings It is expected that VertiGIS developers and/or technical leads will participate in project kickoff and regularly-scheduled status meetings throughout the duration of the project. 6 114 Deliverables The following is a general understanding of functionality required. Effort listed for each deliverable represents VertiGIS' best estimate but could differ from actual time spent depending on complexity or unforeseen circumstances. VertiGIS will notify City of Bozeman of any deviation between actual time spent and estimated time from this proposal. Analysis and Design Estimate of Effort:8 hours Resources:Application Development and Services Before beginning development of the CIP Editor, a member of VertiGIS' Professional Services team will conduct one or more planning and discovery sessions with key City of Bozeman project stakeholders. The focus of these sessions will be to define the requirements of the new Capital Improvement Project Editor and Reporting tools and identify any prerequisite actions, such as changes to the CIP data schema and ArcGIS web map requirements. The findings of these sessions will be summarized in a Data Review and Design document and delivered to the City of Bozeman. Assumptions: •The City of Bozeman will be responsible for implementing all schema changes. •The City of Bozeman will be responsible for implementing the ArcGIS Web Map required for the CIP Editor tool. Geocortex Web Viewer Configuration Support Estimate of Effort:8 hours Resources:Application Development and Services A member of VertiGIS' Professional Services team will provide consultation services to support staff at the City of Bozeman with their configuration of a Geocortex Web Viewer to host the CIP Editor tool. Capital Improvement Project Editor Workflow Estimate of Effort:64 hours Resources:Application Development and Services A member of VertiGIS' Professional Services team will build a Geocortex Workflow to meet the requirements of the Capital Improvement Project Editor tool, as defined in the planning and discovery sessions. Assumption: 7 115 •It is assumed the requirements for the new CIP Editor workflow will be equivalent in scope as those of the City of Bozeman's current CIP Editor workflow. Implementation Services (Optional Items) Estimate of Effort:40 hours Resources:Application Development and Services Following the delivery of the new CIP Editor Workflow, a member of VertiGIS' Professional Services team will be available to the City of Bozeman for up to 28 hours of implementation services. Some examples of how these hours can be used include, but are not limited to: •Knowledge transfer of the new CIP Editor workflow. •Configuration of Geocortex Reporting templates. •Configuration of a Geocortex Printing template for use in all City of Bozeman's Geocortex Web Viewers. •Configuration of additional KPI cards in the CIP Editor Web Viewer. •General developer support. Technical Project Administration Estimate of Effort:8 hours Resources:Application Development and Services Technical project administration tasks, as necessary, as described in the Technical Project Administration section of this proposal. Testing and QA Estimate of Effort:8 hours Resources:Application Development and Services Prior to development commencing, a developer will create agreed-upon test plans. The finished application will be tested against these test plans and successful completion of the test run will constitute completion of the development phase. Documentation and Delivery Estimate of Effort:8 hours Resources:Application Development and Services The developer will create a delivery package including documentation for the deployment of the delivered code. The developer will deploy the site to the client environment. 8 116 Project Management Estimate of Effort:24 hours Schedule:Project Duration Resources:Project Management The project manager will monitor the progress and budget burn for the project. They will provide status updates and reports to the client on an agreed-upon schedule. The project manager will also be responsible for capturing any change requests and generally ensuring the project runs smoothly. 9 117 Project Assumptions •The application(s) won't be tested or compatible with Internet Explorer 11 or older versions. •The City of Bozeman will be responsible for implementing all schema changes. •The City of Bozeman will be responsible for implementing the ArcGIS Web Map required for the CIP Editor too •Accessibility will conform to Geocortex's out-of-the-box standards. •The application may not satisfy local accessibility requirements. Geocortex Web, Workflow, Reporting, and Mobile require ArcGIS Enterprise or ArcGIS OnLine. •Geocortex Web, Workflow, Reporting, and Mobile require at least one creator user type for ArcGIS Enterprise or ArcGIS OnLine. •The UI/UX experience of the app will be in accordance with out of the box look and feel and capabilities of Geocortex Products. •This proposal does not cover licensing for any ArcGIS or Geocortex products or any other software or operating systems. •Procuring installation files and licenses for software to be installed as part of this proposal is the client's responsibility. •VertiGIS can't take responsibility for any bugs or software defects of third party software or any software not written and created by VertiGIS. •Any Esri software problems, as well as any other software defects that are not Geocortex-related, must be reported and followed up with the software vendor by the client. •Designing, sizing, and implementing an enterprise geodatabase is out of the scope of this proposal. •Installing or upgrading an enterprise geodatabase is out of the scope of this proposal. •Access to the client environment for installation and deployment is via VPN connection and remote desktop (or equivalent). •The installer and developer have sufficient administrative access to the client machines for deployment and configuration. •Data schema will not change after development commences. •Work will be completed off-site in VertiGIS' development environment. •VertiGIS shall retain all of the intellectual property rights to the deliverables. 10 118 VertiGIS' Responsibilities •Provide QA/QC on the developed modules, templates, forms, work sheets, etc. •Resolve critical issues found with the application during testing and implementation within an agreed upon timeframe. •Resolve high and medium priority issues found during testing and implementation. •Capture low priority defects for future releases. •Provide Project status reports to the City of Bozeman Project Manager on an agreed-to basis. •Provide Agile Development Epics and Sprints to revise schedule and cost projection as the project progresses. •Manage and escalate Project issues and risks as appropriate. •VertiGIS warrants for a period of thirty (30) calendar days from the time of delivery that the deliverables will substantially conform to the specifications set out in this proposal. City of Bozeman Responsibilities •Provide a primary point of contact for the entirety of each task. •Communicate project needs and priorities to VertiGIS. •Provide Subject Matter Experts to assist with tasks. •Provide sample/development data and supporting map services. •Manage the overall Project implementation, ensuring scope, budget and schedules are met. •Manage and escalate Project issues and risks as appropriate. •Provide the appropriate resources to perform User Acceptance Testing. •Coordinate user training, as needed. •Notify VertiGIS of product defects, their priorities and issues for resolution. 11 119 Cost and Budget Costing Model - Time & Material During the software development process, there are situations and projects that demand flexibility from all the parties involved. Time & Material (T&M) is the preferred approach to managing cost and budget constraints since it allows more control over development progress and cost instead of relying on educated guesses at eventual expenses. VertiGIS uses the T&M model when there is no whole vision of the solution and its implementation specifics. This option is fully negotiable and uses an hourly rate for work applied in the development process. To prevent uncontrolled price growth, we define an upper limit for project budget. One of the biggest benefits of this model is task prioritizing for development projects. Each project is divided into several separate tasks (involving features, use cases, tests, etc.). VertiGIS' project manager gives advice on importance, level of complexity, implementation, and cost of these tasks. Thus, clients can prioritize the order of features and use cases depending on cost and relevance to the solution. VertiGIS uses the T&M model when at least one of the following situations applies to the project: •When requirements are not precise or specifications cannot be clearly defined. •When there will be a constant flow of tasks or enhancements. •When project scope is unknown or implementation spreads over months. •When the client requires a high level of flexibility or change requests often appear during the development process. •When the client wants more direct control over the process or provides certain resources that can influence the project implementation. In this type of pricing model communication and agreement greatly influence time and cost efficiency of the project. Constant supervision and coordination of effort are the keys to a successful project. Since clients pay only for the hours and accompanying expenses spent on the project, they are provided with timely reports so they can track and control time and expenses, and material. VertiGIS uses a variety of software - from weekly project burn down reports to specialized web applications. VertiGIS uses Intacct Project Accounting and JIRA Issue Tracking to provide all the necessary data, time tracking and communication for successful project management and reporting. 12 120 Cost The proposed budget for the project is supplied below and is an estimate only. The estimates are based on our current understanding, and may need to be adjusted as the requirements and specifications evolve over the course of the project. Description Quantity Cost Total Cost Analysis & Design 8 $200 $1,600 Geocortex Web Viewer Configuration Support 8 $200 $1,600 CIP Editor Workflow 64 $200 $12,800 *Implementation Services 40 $200 *$8,000 Technical Project Administration 8 $200 $1,600 Testing & QA 8 $200 $1,600 Documentation & Delivery 8 $200 $1,600 Project Management 24 $200 $4,800 Total $33,600 *Denotes Optional Items 13 121 Contact: Matt Vaillant Email: matt.vaillant@vertigis.com Tel: (250) 381-8130 From: VertiGIS North America Ltd. 300 - 1117 Wharf Street Victoria, BC V8W 1T7 Canada City of Bozeman Capital Planning Uplift Reference ID:P-202153243 |March 15, 2021 122 Legal Privacy & Confidentiality The contents of this document are confidential and proprietary. Disclosure, distribution or sharing of this information with persons or entities, for which it is not intended, in any form or for any other purpose than the evaluation of this proposal, is prohibited without the express, written consent of VertiGIS North America Ltd. In situations where information is required to be shared publicly to comply with policies regarding transparency of information, all statements must be signed off on by both VertiGIS and City of Bozeman prior to being published. Trademarks Geocortex is a registered trademark of VertiGIS North America Ltd. in the United States and Canada. Essentials is a registered trademark of VertiGIS North America Ltd. in the United States. Other companies and products mentioned are trademarks or registered trademarks of their respective owners. Trademarks provided under license from Esri. Acceptance of Terms & Conditions City of Bozeman acknowledges that it has reviewed the process, terms, conditions, and reserved rights contained in this proposal and has voluntarily chosen to participate in this proposal subject to those procedures, terms, conditions, and reserved rights. This proposal is valid for 60 calendar days from the date of delivery. All services and deliverables are subject to the terms and conditions of this proposal and shall supersede any conflicting terms in the client's purchase order. All Geocortex software included in this proposal are subject to the Licensing Terms of Use at www.geocortex.com/legal. Software subscriptions begin on the date of purchase. © 2021 VertiGIS North America Ltd.All Rights Reserved. 2 123 Document Control Sheet Version History Version Date Changed by:Nature of Amendment 1.0 March 15, 2021 Joshua Zapf 1st Draft Approvals Name: Position: Signature: Date: Name: Position: Signature: Date: 3 124 Overview The City of Bozeman has requested additional development time from VertiGIS North America to be added to their existing capital improvement planning project. These funds will be used to provide business analysis, consulting, and enhancements to the capital improvement toolset and suite of applications. The main deliverables, in order or priority, are: 1.Development of Print Templates •The City would like to move these to the latest edition of Geocortex technology in order to take advantage of new capabilities and viewer frameworks. 2.Project Reporting •The City uses Smart Sheets to track project status and cost usage and would like to enhance reporting from the GIS viewer with some of this non-spatial data related to projects. 3.Public-facing CIP Viewer •A public-facing capital improvement planning viewer that will be used to engage the general public and development community. 4 125 Professional Services By combining innovative software with world-class services, we empower customers to face their GIS challenges with confidence,help them manage risk, and fast-track deployment of world-class web- mapping systems. Project-based Services Custom projects are often necessary to meet the needs of your organization, and our team of experts will help you succeed by providing a range of services from business analysis to project management. Business Analysis Our 20 years of experience creating web mapping applications for clients around the world has given us the experience to address and understand the unique requirements of your organization. Custom Development For the vast array of intended uses of GIS, building custom functionality or tailoring the platform to meet your specific requirements is a key part of the process. Upgrade/Migration Services As technology evolves, you may have to update your server or platform from time to time. Our services team can help you migrate from one system to another. We can either perform the migration ourselves, or our support team can provide you with assistance. Project Management Our project managers will partner with you to do more with Geocortex. They will help you establish a project plan, manage tasks, and arrive at a project's successful completion. Your project manager will also provide you with information throughout the project so you always know where things stand. 5 126 Technical Project Administration The following technical tasks will be performed by the VertiGIS development team to support the overall development effort. Development Environment Setup Project Setup One developer will create a repository in VertiGIS' code repository system (SVN) for the client and project based on the VertiGIS developer template, client, project, as well as target Geocortex Essentials and GVH versions. If the project involves multiple sites, this will involve manual modification of the template as applicable. Once the template has been set up in SVN, all developers and the team lead working on the project will check out the project to their local workstation and deploy it. This may involve installation of a new version of Geocortex Essentials if it is not already installed on the developer workstation. Remote Connectivity All members of the development team will work with the client to get authenticated access to the client environment and adequate security set on target systems. This may include access to secured ArcGIS Services, Geocortex instances, and remote desktop access to deployment servers. This task typically involves working with the client's network security team to acquire credentials, install VPN software, set up two-factor authentication, and work through issues such as system-specific connectivity problems and password issues. Environment Replication This task involves receiving sample development data from the client along with optional map documents (MXDs) for publishing the data to ArcGIS Server. On a shared internal ArcGIS Server (and possibly database) instance, the data will be deployed and published for all members of the VertiGIS development team to access. No external access will be allowed to the development data and ArcGIS services. Technical Task Setup The team lead will create and configure a project in VertiGIS' task tracking software (JIRA), selecting an appropriate template and creating project Epics. Tasks will be created and assigned to Epics for each individual work item and populated with acceptance criteria as appropriate. Each Task will be assigned an estimate and assigned a developer. The final step in this task will be to allocate JIRA Tasks to the first development sprint. Developer Project Meetings It is expected that VertiGIS developers and/or technical leads will participate in project kickoff and regularly-scheduled status meetings throughout the duration of the project. 6 127 Deliverables The following is a general understanding of functionality required. Effort listed for each deliverable represents VertiGIS' best estimate but could differ from actual time spent depending on complexity or unforeseen circumstances. VertiGIS will notify City of Bozeman of any deviation between actual time spent and estimated time from this proposal. Development of Print Templates Resources:Application Development and Services The City currently has 4 print templates in use that were built in previous versions of Geocortex technology. The City would like to move these to the latest edition of Geocortex technology to take advantage of new capabilities and viewer frameworks. The print templates included are 8.5" x 11" and 11" x 17" in both portrait and landscape format. The print templates will be initially used in two applications. The print templates will include names and parameters to ensure the proper branding is available depending on the viewer it is being served in. Project Reporting Resources:Application Development and Services The City uses Smart Sheets to track project status and cost usage and would like to enhance reporting from the GIS viewer with non-spatial data related to projects. This work will include consultation with various stakeholders to determine what information is needed in the reports, how to best lay them out, and options for connecting to Smart Sheet's API or underlying database. VertGIS will work closely with the City to identify the best practices for reporting on project status and take advantage of systems already in place at the City. Public-facing CIP Viewer (Optional) Resources:Application Development and Services An optional item requested by the City is a public-facing Capital Improvement Planning (CIP) viewer that will be used to engage the general public and development community. The exact requirements for this application will be determined in consultation with various stakeholders throughout the City and will involve assisting City staff with the development of a public-facing CIP viewer to help communicate project timelines and provide status updates. Technical Project Administration Resources:Application Development and Services Technical project administration tasks, as necessary, as described in the Technical Project Administration section of this proposal. 7 128 Testing and QA Resources:Application Development and Services Prior to development commencing, a developer will create agreed-upon test plans. The finished application will be tested against these test plans and successful completion of the test run will constitute completion of the development phase. Documentation and Delivery Resources:Application Development and Services The developer will create a delivery package including documentation for the deployment of the delivered code. The developer will deploy the site to the client environment. Project Management Resources:Project Management The project manager will monitor the progress and budget burn for the project. They will provide status updates and reports to the client on an agreed-upon schedule. The project manager will also be responsible for capturing any change requests and generally ensuring the project runs smoothly. 8 129 Project Assumptions •The current version of Geocortex will be used in the client environment and will not change during the project. •Testing will only be done in Google Chrome and Microsoft Edge. •The application(s) won't be tested or compatible with Internet Explorer 11 or older versions. •Accessibility will conform to Geocortex's out-of-the-box standards. •The application may not satisfy local accessibility requirements. Geocortex Web, Workflow, Reporting, and Mobile require ArcGIS Enterprise or ArcGIS OnLine. •Geocortex Web, Workflow, Reporting, and Mobile require at least one creator user type for ArcGIS Enterprise or ArcGIS OnLine. •The UI/UX experience of the app will be in accordance with out of the box look and feel and capabilities of Geocortex Products. •Access to the client environment for installation and deployment is via VPN connection and remote desktop (or equivalent). •VertiGIS can't take responsibility for any bugs or software defects of third party software or any software not written and created by VertiGIS. •Any Esri software problems, as well as any other software defects that are not Geocortex-related, must be reported and followed up with the software vendor by the client. •The installer and developer have sufficient administrative access to the client machines for deployment and configuration. •Data schema will not change after development commences. •Work will be completed off-site in VertiGIS' development environment. •VertiGIS shall retain all of the intellectual property rights to the deliverables. 9 130 VertiGIS' Responsibilities •Provide QA/QC on the developed modules, templates, forms, work sheets, etc. •Resolve critical issues found with the application during testing and implementation within an agreed upon timeframe. •Resolve high and medium priority issues found during testing and implementation. •Capture low priority defects for future releases. •Provide Project status reports to the City of Bozeman Project Manager on an agreed-to basis. •Provide Agile Development Epics and Sprints to revise schedule and cost projection as the project progresses. •Manage and escalate Project issues and risks as appropriate. •VertiGIS warrants for a period of thirty (30) calendar days from the time of delivery that the deliverables will substantially conform to the specifications set out in this proposal. City of Bozeman Responsibilities •Provide a primary point of contact for the entirety of each task. •Communicate project needs and priorities to VertiGIS. •Provide Subject Matter Experts to assist with tasks. •Provide sample/development data and supporting map services. •Manage the overall Project implementation, ensuring scope, budget and schedules are met. •Manage and escalate Project issues and risks as appropriate. •Provide the appropriate resources to perform User Acceptance Testing. •Coordinate user training, as needed. •Notify VertiGIS of product defects, their priorities and issues for resolution. 10 131 Cost and Budget Costing Model - Time & Material During the software development process, there are situations and projects that demand flexibility from all the parties involved. Time & Material (T&M) is the preferred approach to managing cost and budget constraints since it allows more control over development progress and cost instead of relying on educated guesses at eventual expenses. VertiGIS uses the T&M model when there is no whole vision of the solution and its implementation specifics. This option is fully negotiable and uses an hourly rate for work applied in the development process. To prevent uncontrolled price growth, we define an upper limit for project budget. One of the biggest benefits of this model is task prioritizing for development projects. Each project is divided into several separate tasks (involving features, use cases, tests, etc.). VertiGIS' project manager gives advice on importance, level of complexity, implementation, and cost of these tasks. Thus, clients can prioritize the order of features and use cases depending on cost and relevance to the solution. VertiGIS uses the T&M model when at least one of the following situations applies to the project: •When requirements are not precise or specifications cannot be clearly defined. •When there will be a constant flow of tasks or enhancements. •When project scope is unknown or implementation spreads over months. •When the client requires a high level of flexibility or change requests often appear during the development process. •When the client wants more direct control over the process or provides certain resources that can influence the project implementation. In this type of pricing model communication and agreement greatly influence time and cost efficiency of the project. Constant supervision and coordination of effort are the keys to a successful project. Since clients pay only for the hours and accompanying expenses spent on the project, they are provided with timely reports so they can track and control time and expenses, and material. VertiGIS uses a variety of software - from weekly project burn down reports to specialized web applications. VertiGIS uses Intacct Project Accounting and JIRA Issue Tracking to provide all the necessary data, time tracking and communication for successful project management and reporting. 11 132 Cost The proposed budget for the project is supplied below and is an estimate only. The estimates are based on our current understanding, and may need to be adjusted as the requirements and specifications evolve over the course of the project. Description Total Cost Application Development, Services, and Project Management $49,600 Total $49,600 12 133 First Amendment to Professional Services Agreement for Professional Services Agreement VertiGIS FY 2020 – FY 2022 Page 1 of 3 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Professional Services Agreement VertiGIS dated 22nd day of December, 2020 (the “Agreement”) is made and entered into this _____ day of ____________, 202__, 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 _________________, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Extension of Term. Section 30 of the Agreement is extended for an additional one (1) year period. The Agreement shall terminate on June 30th 2022. 2. More amendments: The change of scope is explained in the attachment Exhibit B - VertiGIS Capital Project Planning App Development Proposal Amendment. The attached includes: • Development of Print Templates o The City would like to move these to the latest edition of Geocortex technology in order to take advantage of new capabilities and viewer frameworks. • Project Reporting o The City uses Smart Sheets to track project status and cost usage and would like to enhance reporting from the GIS viewer with some of this non-spatial data related to projects. • Public-facing CIP Viewer o A public-facing capital improvement planning viewer that will be used to engage the general public and development community. 1. Nondiscrimination and Equal Pay: Section 14 of the Agreement is replaced in its entirety with the following: 134 First Amendment to Professional Services Agreement for Professional Services Agreement VertiGIS FY 2020 – FY 2022 Page 2 of 3 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. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 135 First Amendment to Professional Services Agreement for Professional Services Agreement VertiGIS FY 2020 – FY 2022 Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA VertiGIS North America Ltd. By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 136 Memorandum REPORT TO:City Commission FROM:Kristin Donald, Finance Director Fred R Turner, Senior Consultant for BerryDunn Marty Matsen, Community Development Director Chris Saunders, Community Development Manager, Planning Lacie Kloosterhof, Community Development Office Manager SUBJECT:Presentation of Community Development Fee Study and Recommendations MEETING DATE:April 13, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:None. 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: In August, the City requested proposals for a Community Development fee study and BerryDunn was selected. The City entered into a Professional Services Agreement in October and proceeding working with BerryDunn on a fee study for Community Development that included Planning Fees and Building Inspection fees. The last updates to these fees were: Planning Fees we adopted basic inflation increase in fall 2020 in Resolution No. 5227 . Before that the Last Fee study was conducted in 2015 and fees were adopted in Resolution 4587. Building Inspection fee tables were adopt in 2005 Resolution No. 3800 – Adopting Fee Tables for Building Division. The study describes our fees, the cost recovery on those fees, and has the types of fees charged by benchmark cities. Based on the study we recommend the Commission adopt fees that aid in cost recovery efforts, which will help processes to become more efficient and make the City more nimble with staffing. 137 UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The study does not have a fiscal effect but highlights our cost recovery involving these fees. Attachments: City of Bozeman-Community Development Fee Review Study Final.pdf Staff Fee Recommendation.docx Report compiled on: April 2, 2021 138 www.berrydunn.com City of Bozeman Community Development Review Fee Study Final Prepared for: City of Bozeman 121 N. Rouse Ave. Bozeman, MT 59715 139 Community Development Review Fee Study Page i Last Updated: April 2, 2021 Table of Contents 1.0 Introduction ................................................................................................................. 2 1.1 Project Background ....................................................................................................... 2 1.2 Common Terms and Abbreviations ............................................................................... 2 2.0 Approach and Work Performed ................................................................................. 4 2.1 Work Performed ............................................................................................................ 4 2.2 Taxes Versus Fees ....................................................................................................... 4 2.3 Hourly Rate Calculation ................................................................................................ 5 2.4 Indirect Costs ................................................................................................................ 5 3.0 Fee Study Considerations and Findings ................................................................... 6 3.1 Department Overview Considerations ........................................................................... 6 3.2 Fund Balance/Reserves ................................................................................................ 7 3.3 Cost Versus Price ......................................................................................................... 8 3.4 Formal Fee Updates ..................................................................................................... 8 3.5 Peer City Review .......................................................................................................... 8 3.6 Summary of Findings .................................................................................................. 10 4.0 Fee Cost Model Overview ......................................................................................... 12 5.0 Appendix A: Community Development Fee Review Model .................................... 14 Table i: Version History of the Report Version Delivered Date Update Reason Draft 1 March 26, 2021 Draft delivered to the City Project Management Team for review. Draft 2 March 28, 2021 City comments updated to Draft 2 Final April 2, 2021 Final Study Delivered 140 Community Development Review Fee Study Page 2 Last Updated: April 2, 2021 1.0 Introduction 1.1 Project Background The City of Bozeman (City) retained Berry Dunn McNeil & Parker, LLC (BerryDunn) to conduct a Community Development review fee study project. The focus of the project is to review building, planning, and engineering review support fees for services provided by Community Development Department staff. BerryDunn used an activity-based costing methodology to identify major process steps required to provide services and analyze this information on a time- per-staff activity basis. BerryDunn conducted a comparison of Peer City fees and charging methodologies with similar entities. This report provides the City with an overview of current Community Development fees and charges and associated revenues and expenses for each service listed on the City’s building and planning fee schedule. The report also documents the estimated percentage of full-cost components recovered when delivering specific services at current fee levels, which will allow City officials to make informed policy decisions regarding adjustments to fees and charges. Finally, this report also describes BerryDunn’s approach to the analysis and understanding of the Community Development structure and services provided, findings, and recommendations. 1.2 Common Terms and Abbreviations For purposes of clarity when discussing the project, the following terms and related definitions will be utilized. Table 1.2: Definitions of Terms Definitions of Terms Term Definition BerryDunn Berry Dunn McNeil & Parker, LLC., the consulting firm retained by the City to assist with this project City The City of Bozeman Cost Model The User Fee Cost Model prepared by BerryDunn for the City to calculate the cost of providing Building, Planning, and Engineering Review Support User Fees by fee type. CPI Consumer Price Index Department Community Development Department (Building, Planning and Engineering Review Support) FTE Full-Time Equivalent FY Fiscal Year IT Information Technology 141 Community Development Review Fee Study Page 3 Last Updated: April 2, 2021 Definitions of Terms Term Definition MS Microsoft PTO Paid Time-Off SME Subject Matter Expert Study Community Development Fee Study specific to building, planning and engineering support fees. Valuation The estimated project cost provided by a developer/permit applicant, which is used to calculate the valuation-based permit fees, such as new construction and remodels. 142 Community Development Review Fee Study Page 4 Last Updated: April 2, 2021 2.0 Approach and Work Performed 2.1 Work Performed BerryDunn’s approach to support this study involved three phases: Phase 1 – Project Management and Initial Planning; Phase 2 – Full Cost Analysis and Draft Report; and Phase 3 – Final Report and Presentation. Central to the approach was the use of BerryDunn’s MS Excel- based Cost Model, which was used to calculate the Department’s hourly rate, the cost of fees by fee type, as well as the fiscal impact of implementing Department-recommended fees. After an initial project planning call with the City to clarify goals and objectives, identify known project constraints, and refine dates and/or tasks as appropriate, BerryDunn requested and reviewed documentation and data to get a better understanding of the current environment. BerryDunn conducted a project kickoff meeting and a series of fact-finding meetings with City Subject Matter Expert’s (SME) involved in the user fee study, and followed up with City staff to confirm the understanding of the data provided. The aim of these meetings was to discuss the level of effort required to deliver Community Development services, including building and planning, to customers. BerryDunn reviewed the current fee schedule and guided the City through discussions to develop a new fee schedule that more accurately reflects the nature of providing services. This included identifying any fees for services that are currently being conducted but for which there are no associated fees. BerryDunn reviewed the fees for services provided by the Department, which were analyzed on an activity-based costing. Other charges, such as penalties, fines, and State-mandated fees, were excluded from the analysis. BerryDunn employed an activity-based costing methodology that identifies the major process steps required to provide services (permit intake, plan review, and inspections) and the time required to provide each service. This methodology relies on time estimates provided by knowledgeable and experienced City SMEs, which are then validated through checkpoints that are built into the Cost Model. BerryDunn prepared a draft Cost Model for the City’s building fees, based on a projected FY 2021 budget and using the data reviewed during fact-finding. BerryDunn will review the study findings with the City, identifying any needed revisions and allowing the opportunity to give feedback and request additions and deletions before approval of the final deliverable. 2.2 Taxes Versus Fees The City collects taxes to satisfy its general revenue requirements. The level of service funded from tax levies is defined by the local jurisdictions and generally benefits all City residents, which is different than fees collected by providing specific services to non-residents, services benefiting smaller groups, or services benefiting only individuals. Fees paid relieve residents of the burden of paying for discretionary services they do not use, and therefore, fee levels should 143 Community Development Review Fee Study Page 5 Last Updated: April 2, 2021 reflect the reasonable, identified costs of the work being performed by City staff to provide those services. To that end, in this fee study, BerryDunn analyzed financial data at both the City level and the individual service level. 2.3 Hourly Rate Calculation The Cost Model captures the cost of providing fee services based on fully burdened (loaded) hourly rates calculated for all full-time positions analyzed in this study. The loaded hourly rate captures all full-cost components, which typically include direct costs such as personnel costs, operating expenses, and capital costs, as well as citywide indirect costs. Staff receive paid leave for vacation, sick time, holidays, and occasional other authorized uses. Some also receive overtime assignments. To reflect the true cost of fee services, the Cost Model follows the federal cost accounting rules and identifies not only total paid hours, but also total assignable hours. 2.4 Indirect Costs In addition to personnel-related costs, City departments providing fee-applicable services often receive support from other City departments, such as the City Clerk, City Manager, Finance, Information Technology (IT), Human Resources, Legal, and Facilities Maintenance. Applicable portions of the cost of this support are considered indirect costs to the customer receiving a fee- applicable service. BerryDunn determined indirect costs by developing an indirect cost rate proposal for the City and calculating an indirect cost rate. The indirect cost rate is calculated using personnel costs, services and supplies expenditure data, cost principles, and City SME knowledge and assumptions. The approach to develop an indirect cost rate was as follows: • BerryDunn identified all applicable City staff and calculated the direct salary, direct benefit, and hourly rate per specific person. • BerryDunn met with City SMEs and estimated the amount of direct and indirect staff time spent annually supporting fee-related services. • BerryDunn met with City SMEs and calculated the cost of the indirect department pool, which provides internal, indirect support to those City departments providing fee-related services. 144 Community Development Review Fee Study Page 6 Last Updated: April 2, 2021 3.0 Fee Study Considerations and Findings 3.1 Department Overview Considerations The following table contains overall considerations and background information collected through fact-finding meetings and cost model development. This information is provided to provide additional information on the staffing, technology, funding structure, and charging methodology of the Community Development Department. Table 3.1: Department Overview Considerations Department Overview Considerations No. Category Considerations Building Planning Both 1 Staffing The Department has had continuous vacancies due to skilled labor shortages and higher cost of living in the area. X 2 Staffing The Building Official reported that current staffing levels support approximately 15 inspections per day, however the City has recently been averaging 40 inspections per day X 3 Staffing The Department went through a reorganization in March 2020. The support administrative staff went to a shared services/resource model to support the entire Department and are not just assigned to a specific division. X 4 Staffing The plan review engineers spend a majority of their time on customer request research projects. X 5 Technology The City uses CentralSquare permitting software to accept and track application submitted by the public. X 6 Technology The City uses Avolve Software’s ProjectDox to review plans electronically. A major upgrade is underway. X 7 Technology The State of Montana requires the Building Division to hold a paper copy of the plans for over a year, even if the plans were submitted electronically. X 145 Community Development Review Fee Study Page 7 Last Updated: April 2, 2021 Department Overview Considerations No. Category Considerations Building Planning Both 8 Funding Structure The reserve fund balance for the Building Division at the start of FY 2021 was $1,495,706 with the prior three fiscal years’ expenditures averaging $2,016,336. The reserve fund balance for the Planning Division at the start of FY 2021 was $1,546,128 with the prior three fiscal years’ expenditures averaging $1,178,752. X 9 Charging Methodology The Building Division uses a multiplier charge to calculate some building permit fees. X 10 Charging Methodology The Department Building fees are calculated based on square footage, flat fees, and multipliers. X 11 Charging Methodology The Planning Division fees are presently calculated based on a variety of metrics as best fits each application type. A more consolidated approach may be beneficial and should be considered. X 3.2 Fund Balance/Reserves The City needs a fund balance sufficient to help ensure business and service continuity if a downturn in the economy, or some other unforeseen event or circumstance, occurs. The use of the reserve balance funds for specific expenditures is determined by local policy with the maximum allowable fund balance (fund balance ceiling) determined by State legislative statute. Specific to this study, the State has set a fund balance ceiling for the Building Division and Planning Division to not exceed one year of allowable expenditures. At the start of FY 2021 the Building Division maintained compliance with the State defined ceiling carrying a fund balance of $1,495,706 compared to the three prior fiscal years’ average expenditures of $2,016,336. At the start of FY 2021 the Planning Division was not in compliance with the State defined ceiling carrying a fund balance of $1,546,128 compared to the three prior fiscal years’ average expenditures of $1,178,752. It is important to note that fund balances can fluctuate daily and actual balance amounts reflect the point in time when calculated. For this reason BerryDunn does not recommend any fee adjustments based on Building Division or Planning Division fund balances, but does recommend that the City monitor fund balances periodically to ensure compliance with State statute. 146 Community Development Review Fee Study Page 8 Last Updated: April 2, 2021 3.3 Cost Versus Price After determining the costs of providing the fee services, BerryDunn facilitated discussions with City leadership to discuss new fee recommendations. The Cost Model allows City staff to enter in proposed fee recommendations on a per-fee basis and to see the impact that the new fee would have annual. This provides City leadership with the insight it needs to understand the implications of these recommendations on the Department’s budget overall. 3.4 Formal Fee Updates BerryDunn recommends the City conduct a formal fee study every three to five years, or when the City experiences a significant change in demand for services, organizational structure, or key business processes. In the meantime, the City is encouraged to make adjustments and updates to the Cost Model on an annual or ongoing basis using detailed data and information as it becomes available. 3.5 Peer City Review The majority of the peer cities calculate Building Division fees are based on building valuation and a combination of flat fees and square footage triggers. Table 3.5: Peer City Review Peer City Review No. City Population Building Permits Issued Fee Methodology Bozeman, MT 48,532 6,442 FY20 Square footage and multiplier calculations, Planning and Engineering flat fees 1 Missoula, MT 73,710 7,633 FY19 Building Valuation, Planning flat fees, Engineering flat fees and square footage 2 Bend, OR 93,917 1,461 FY19 Building Valuation (65% Plan Check, 35% Inspections), Building flat fees, and Planning flat fees 3 Billings, MT 109,595 1,254 FY19 Building Valuation (65% Plan Check, 35% Inspections), and Planning flat fees 4 Fort Collins, CO 165,609 13,572 FY20 Building fees currently in transition from valuation to square footage, planning and engineering are flat fees 147 Community Development Review Fee Study Page 9 Last Updated: April 2, 2021 Peer City Review No. City Population Building Permits Issued Fee Methodology 5 Boise City, ID 226,115 21,632 FY20 Building Valuation (65% Plan Check, 35% Inspections), and Planning flat fees 148 Community Development Review Fee Study Page 10 Last Updated: April 2, 2021 3.6 Summary of Findings The following table contains a summary of findings. This includes summary data from the cost model as well as recommendations for the City to consider as they review the cost model. Table 3.6: Summary of Findings Summary of Findings No. Category Findings 1 Current Cost Recovery Level The Department’s current Building permit and plan review cost recovery rate is 82.5%. The planning division’s cost recovery rate is 59.6%. BerryDunn’s definition of “cost” is one that is fully burdened, which might make the net cost recovery look lower than expected if “cost” was not defined inclusively. 2 Revenue Sources – Building Division The majority of existing revenues for the building division are direct fees for service. The building division does realize a small amount of revenue generated from interest income and state and federal sources. 3 Revenue Sources – Planning Division Existing revenue for the planning division includes applications fees for review of development, two dedicated mills for long range planning, and a portion of general fund to address general government duties. The planning division does realize a significant amount of revenue generated from interest income and state and federal sources. 4 Calculated Hourly Rates BerryDunn calculated salary rates, benefit rates, and overhead rates for each full-time position budgeted in FY 2020 that was analyzed for this study. The full cost of providing fee-related services reflects the “loaded” hourly rate used for budgeted full-time positions. The model allows for any combination of the three calculated rates to be used for forecasting purposes. 5 Assignable Hours Employees are paid for approximately 2,080 hours in a year, but this includes time for Paid Time Off (PTO), holidays, training, and regularly scheduled staff meetings. Taking those pay items into consideration, BerryDunn assumed 1,800 annual productive hours and assigned applicable expenses related to those hours to various elements of fee-related service provision throughout the model. 6 Indirect Cost Rate The indirect cost rate for the Department resulted in 26% for building and 28.4% for planning. This falls within the typical national range of 20 – 30%. 7 Department – Technology Enhancements The City should utilize its CentralSquare and ProjectDox systems to the greatest extent possible to allow detailed tracking of revenues and annual volumes per service. Capturing this detail and entering it into the Cost Model will allow a more nuanced and accurate analysis of cost recovery level per service type. 149 Community Development Review Fee Study Page 11 Last Updated: April 2, 2021 Summary of Findings No. Category Findings 8 Department – Technology Fee The City should continue a technology fee to be assessed on all permits issued and services provided. A technology fee is generally assessed at a percent equal to the total cost of the permit issued or service provided. The City may also consider setting a technology fee to be assessed at a flat dollar amount regardless of the cost of the permit or service provided. The level of this fee would be determined at the local level generally guided by local, adopted policy. By estimating annual permit and service volumes, and setting a target of revenue to be generated through a technology fee assessment, the City could forecast the revenue amount generated for budget development, and adjust if necessary after the 12-month assessment period. For example, the City may consider having the revenue target be equal to the annual maintenance costs for CentralSquare and ProjectDox as well as hardware replacement needs (e.g., tablets for inspectors, monitors for plan reviewers). 9 Department – Zoning Verification Letters The Department should consider a flat fee, two-hour staff time limit, to address zoning verification letters and verify the land use/zoning on a property with links to the development code for development standards. Any request above a zoning verification letter would be considered a research project, and an hourly fee should be considered to do the research. 10 City – Cost Recovery Policy The City should develop a cost recovery percentage policy, which would guide staff to setting fee levels in alignment with desired cost recovery levels. Once a formal policy is established and adopted, the City should outline an approach to increase the desired cost recovery level year-over-year. 11 City Updates to the Cost Model The City should maintain the Cost Model to update future fees on an annual basis. Those fees should be indexed to the Consumer Price Index (CPI) for inflation, changing technologies, or new code adoptions. 150 Community Development Review Fee Study Page 12 Last Updated: April 2, 2021 4.0 Fee Cost Model Overview The following table summarizes the format and content of the Fee Cost Model. This includes a summary of each worksheet in the excel model. Table 4.0: City Fee Cost Model Framework City Fee Cost Model Framework No. Worksheet Purpose 1 Cover Contains the title of the study, City project contact information, and BerryDunn contact information. 2 Sections Consists of three cost-of-service sections—Building, Planning, and Engineering (personnel only). The model also contains a personnel services analysis section and an indirect cost rate proposal section, described in detail below. 3 Summary Tab (cost- of-service section) Contains a high-level overview of all services with a comparison of assigned revenue and assigned expenses, as well as current percent cost recovery. 4 Service Listing Tab (cost-of-service section) Contains all services and associated fees and revenues and, where possible, percent cost recovery by individual service type and annual volume. 5 Personnel Expense Tab (cost-of-service section) Contains personnel expense forecasting functionality as well as personnel expense by service type. 6 Department Expense Tab (cost-of-service section) Contains non-personnel expense by service type as well as assigned citywide indirect expense by service type. 7 Worksheet Tab (cost- of-service section) Contains all revenue and expense data as well as cost recovery percent by service type. Also contains functionality to create forecast scenarios and adjust cost recovery goals by service type. 8 Personnel Services Analysis Tab Contains all FTE personnel assigned to the study, number of current funded positions, salary by position, and direct and indirect expense assumptions. 9 City Full-Time Personnel Tab Contains the list of all full-time personnel assigned to the study, annual salary by position, annual benefit expense by position, and various hourly rates calculated by position. 10 Indirect Cost Rate Proposal Is developed in conjunction with City SMEs and contains assumptions pertaining to direct and indirect full-time staff involvement with fee- related services as well as internal citywide support assumptions. 11 Revenues Provides the actual reported revenue for FY 2020. 151 Community Development Review Fee Study Page 13 Last Updated: April 2, 2021 City Fee Cost Model Framework No. Worksheet Purpose 12 Expenses Provides the adopted budget expenditures for FY 2020, including personnel and operating costs. 13 Indirect Allocations Provides calculation of an indirect personnel support and citywide support to the departments and divisions providing fee-related services such as the City Council, City Manager/City Clerk, Finance Office, City Attorney, and internal Administrative Services allocation. 152 Community Development Review Fee Study Page 14 Last Updated: April 2, 2021 5.0 Appendix A: Community Development Fee Review Model The fees and charges Cost Model developed for the City is attached as an MS Excel file titled BozemanMT_CDFeeAssessmentModel_DraftModel_FINAL_DRAFT.xls. 153 Community Development Fee Study Fee policy recommendations based on fee study results Background: Planning Fees we adopted basic inflation increase in fall 2020 in Resolution No. 5227. Before that the last fee study was conducted in 2015 and fees were adopted in Resolution 4587. Building Inspection fee tables were adopt in 2005 Resolution No. 3800 – Adopting Fee Tables for Building Division. In August, the City requested proposals for a Community Development fee study and BerryDunn was selected. The City entered into a Professional Services Agreement in October and proceeded to work with BerryDunn on a fee study for Community Development that included Planning Fees and Building Inspection fees. Based on the results of the cost recovery analysis and fee study the staff is recommending changes to the Planning Fees and Building Inspection Fees. Planning fees The study shows a cost recovery of about 40%. This low recovery rate is not sustainable and has only been sustainable through: Vacancy savings Public Works Funds (mainly the Enterprise Funds) paying for Engineering services Taxes with the 2 mills The fund cannot sustain this low cost recovery and the Public Works Funds should not have to support Engineering services for plan review. In addition, we have added new positions to aid in efforts to make processes go faster and to maintain these positions the fund needs to generate more funding. Recommendations: Strive for 75% cost recovery with a two year phase in starting in FY22 on July 1, 2021 Administrative ability to raise fees annually for inflation no higher than 3% in a year after the phase in Public Works Internal Service fund will charge the Planning Fund for services Building Inspection Fees The study shows a cost recovery of 80%. This has only been possible through: Vacancy savings Public Works Funds (mainly the Enterprise Funds) paying for Engineering services In addition, the fund balance can only be 1 year worth of expenditures. We are going to see some hirer spending as we has outsource some the inspections and the fund purchased software in FY21, reducing the fund balance. 154 In addition, the new software that is helping us make the process more efferent is having difficulty calculating under our current methodology for calculating fee amounts. Recommendations: Strive for 90% cost recovery since this fund does not receive other funding and should self-fund. We will do this by adopting International Code Council (ICC) Valuation & Fee Calculation. This will also be more combatable with our new software. Administrative ability for annual adjustment to the latest International Code Council (ICC) Valuation & Fee Calculation Public Works Internal Service fund will charge the Planning Fund for services Conclusion Staff has put together Resolution 5286, Adopting Planning Fees and Resolution 5287, Adopting Building Inspection Fees to implement our recommendations. 155 Memorandum REPORT TO:City Commission FROM:Kristin Donald, Finance Director Marty Matsen, Community Development Director Chris Saunders, Community Development Manager, Planning Lacie Kloosterhof, Community Development Office Manager SUBJECT:Resolution 5286, Adopting Planning Fees for FY22 and FY23 MEETING DATE:April 13, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:Move to approve Resolution 5286 adopting planning fees for FY22 and FY23. 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: The Community Development fee study shows a cost recovery of about 40% for Planning Fees. This low recovery rate is not sustainable and has only been sustainable through: Vacancy savings Public Works Funds (mainly the Enterprise Funds) paying for engineering services Taxes with the 2 mills The fund cannot sustain this low cost recovery and the Public Works Funds should not have to support Engineering services for plan review. In addition, we have added new positions to aid in efforts to make processes go faster and to maintain these positions the fund needs to generate more funding. Recommendations: Strive for 75% cost recovery with a two year phase in starting in FY22 on July 1, 2021 Administrative ability to raise fees annually for inflation no higher than 3% in a year 156 Public Works Internal Service fund will charge the Planning Fund for services UNRESOLVED ISSUES:None. ALTERNATIVES:As Suggested by the Commission. FISCAL EFFECTS:This would raise Planning fees and Planning Revenue for better cost recovery for the fund and to pay for its share of engineering costs beginning in FY22. Attachments: Resolution 5286 Adopting Planning Fees Final.docx Exhibit Res 5286 Planning Fees.pdf Report compiled on: April 2, 2021 157 Version April 2020 RESOLUTION 5286 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE FEE SCHEDULE FOR THE REVIEW OF ZONING, SUBDIVISION, ANNEXATION, GROWTH POLCIY PROPOSALS AND OTHER COMMUNITY DEVELOPMENT RELATED REVIEW PROCESSES, AS ALLOWED BY SECTIONS 7-1-101, 76-1-410, 76-3-201(4) AND 76-3-602, MONTANA CODE ANNOTATED (MCA) AND SECTION 38.200.140, BOZEMAN DEVELOPMENT CODE. WHEREAS,the City of Bozeman collects fees to cover the administrative costs of processing and reviewing zoning, subdivision, annexation, growth policy proposals and other planning related review processes; and WHEREAS, said fee schedule must be updated from time to time to reflect changes in City procedures, increases in costs to the City and legislative changes at the State level; and WHEREAS, Section 76-3- 201(5), MCA authorizes local governments to collect fees, not to exceed $200, to examine subdivision exemptions and Section 76-3- 602, MCA authorizes local governments to establish reasonable fees, to be paid by the subdivider, to defray the expense of reviewing subdivision exemptions; and WHEREAS, the City of Bozeman is authorized to collect fees for the review of annexation, zoning and growth policy proposals, based on the provisions of Section 7-1- 101, MCA, because state statute does not prohibit the collection of fees for annexation, zoning review and growth policy proposal review; and WHEREAS, the City of Bozeman has adopted standards for short term rentals that require expenditures for review processing for which revenues must be collected to offset; and WHEREAS, the City of Bozeman has adopted standards for building permits that require expenditures for review processing for zoning compliance for which revenues must be collected to offset; and 158 Version April 2020 WHEREAS, the City of Bozeman is authorized to collect fees for the review of annexation, zoning, growth policy proposals and long range planning, based on the provisions of Section 7-1- 101, MCA, because state statute does not prohibit the collection of fees for annexation, zoning and growth policy proposal review; and WHEREAS, the City of Bozeman is authorized to collect fees for the purposes of 76-1- 102, MCA which is accomplished by development and implementation of the growth policy which fees are in addition to any other authorized review fees, based on the provisions of Section 76-1- 410, MCA and the City has committed through Resolution 4112 to the growth policy contents as required; and WHEREAS, Section 38.200.140 of the Bozeman Unified Development Code states that: “The city commission must establish a schedule of fees, charges and expenses and a collection procedure for reviews, permits, appeals and other matters pertaining to his chapter. The schedule of fees for the procedures listed below will be set from time to time by the city commission by resolution. The fees must be available in the office of the community development director and may be altered or amended only by the city commission.”; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 The fee schedule for the fees, charges and expenses review of impact fee deferrals, zoning, subdivision, annexation and growth policy proposals, building permit review for zoning compliance, registration of short term rentals, and all other reviews associated with the review of applications, agreements and other reviews as specified in the Unified Development Code shall be as follows and replaces all previously adopted fees: See Exhibit Section 2 This fee schedule shall be in full force and effect on July 1, 2021 for Year one (FY22) and July 1, 2022 for Year Two (FY23). Section 3 Fees may be adjusted annually for inflation, no higher than 3% administratively after the phase described in Section 2 starting in July 1, 2023 (FY24). PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th day of April, 2021. 159 Version April 2020 ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 160 Individual Fee / Service Name  Current  Base Fee Scaled fee by Project FY22 Fee FY22 Scaled fee by Project FY23 Fee FY23 Scaled fee by Project Pre‐Application Consultation  $            44 53$             61$             Master Site Plan  $      2,049 2,459$       2,828$       $118 per DU, not exceed 150  $125 per DU, not exceed 150  $125 per DU, not exceed 150  Non_residential Space 0‐30,000  SF‐ $530 per 100 square feet.  Additional square feet $250 per  1,000 square feet not to exceed  150,000 Non_residential Space 0‐ 150,000 SF‐ $400 per 1000  square feet.  Non_residential Space 0‐ 150,000 SF‐ $400 per 1000  square feet.  Buildings with four or more  stories‐ $102 per 1,000 square  feet after initial 30,000 not to  exceed 150,0000 Subdivision Pre‐Application Minor (Step 1) $         505  $42 per lot 606$          $50 per lot 697$          $55 per lot Subdivision Pre‐Application Major (Step 1) $         965  $42 per lot 1,158$      $50 per lot 1,332$      $55 per lot Subdivision Preliminary Plat Minor (Step 2) $      2,049 $85 per lot per sketch plan/ $35  per lot subject to site plan 2,459$      $90 per lot per sketch plan/  $40 per lot subject to site 2,828$      $90 per lot per sketch plan/  $40 per lot subject to site  Subdivision Preliminary Plat Major (Step 2) $      3,260 $85 per lot per sketch plan/ $35  per lot subject to site plan 3,912$      $90 per lot per sketch plan/  $40 per lot subject to site 4,499$      $90 per lot per sketch plan/  $40 per lot subject to site  Subdivision Final Plat Minor (Step 3) $      1,814  $35 per lot 2,177$      $40 per lot 2,503$      $45 per lot Subdivision Final Plat Major (Step 3) $      3,026  $35 per lot 3,631$      $40 per lot 4,176$      $45 per lot Subdivision Exemption  $         200  State Law Cap 200$          State Law Cap 200$          State Law Cap Condominium Review  $         188 226$           259$           PUD Concept Plan (Step 1) $      1,573 1,888$       2,171$       Follow up site plan require: $45  per DU not to exceed 150, $140  per 1,000 square feet not to  exceed 150,000 Follow up site plan require:  $50 per DU not to exceed  150, $150 per 1,000 square  feet not to exceed 150,000 Follow up site plan require:  $50 per DU not to exceed  150, $150 per 1,000 square  feet not to exceed 150,000 No follow up site plan require:  $95 per DU not to exceed 150,  0‐30,000 SF‐ $530 per 100  square feet. Non_residential  Space 0‐30,000 SF‐ $530 per  100 square feet. Additional  square feet $250 per 1,000  square feet not to exceed  150,000 No follow up site plan  require: $100 per DU not to  exceed 150, Non_residential  Space 0‐150,000 SF‐ $400 per  1000 square feet.  No follow up site plan  require: $100 per DU not to  exceed 150, Non_residential  Space 0‐150,000 SF‐ $400  per 1000 square feet.  Buildings with four or more  stories‐ $102 per 1,000 square  feet after initial 30,000 not to  exceed 150,0000 PUD Final Plan (Step 3) $      1,445  $45 per DU, $140 per 1,000  square feet of non residential  space 1,734$       $50 per DU, $150 per 1,000  square feet of non residential  space 1,994$       $50 per DU, $150 per 1,000  square feet of non  residential space Annexation  $      1,768 2,122$       2,440$       Appeal of Administrative Interpretation  $         822 986$           1,134$       Appeal of Administrative Project Decision  $      1,688 2,026$       2,329$       Commercial Reuse  $         143 172$           197$           Commercial/Non‐Residential COA  $         385 462$           531$           Historic Neighborhood (NCOD) Design Review  / Residential COA  $         136 163$           188$           Informal Review  $         310  per Board 372$          per Board 428$          per Board Zoning Deviation  $         234  each 281$          each 323$          each Zoning Variance or Subdivision Variance –  independent  $      1,879 2,255$       2,593$       Zoning Departure, Variance, or PUD  Relaxation  $         248  each 298$           each 342$           each Special Use Permit (SUP) $      1,263 1,516$       1,743$       Conditional Use Permit (CUP) $      1,688 2,026$       2,329$       Special Temporary Use Permit  $         189  per week 227$           per week 261$           per week Comprehensive Sign Plan Review  $         253 304$           349$           Zoning Verification per Geocode  $         109  Single Household/Duplex per Geocode 110$           110$           Site Plan  $      2,224  2,669$       3,069$       PUD Preliminary Plan (Step 2) $      1,808  2,170$       2,495$       161 Individual Fee / Service Name  Current  Base Fee Scaled fee by Project FY22 Fee FY22 Scaled fee by Project FY23 Fee FY23 Scaled fee by Project All other properties per Geocode 250$           250$           Expedited Letters  (additional) per Geocode 250$           250$           Regulated Activities in Wetlands  $             ‐   ‐$            ‐$            Zoning Map Amendment  $      2,049  $58 per acre 2,459$       2,828$       UDC Text Amendment  $      1,860 2,232$       2,567$       Growth Policy Amendment  $      3,260 $32 per acre if Growth Policy  Map is amended 3,912$       4,499$       After the Fact Permit  $         327 334$           340$           3rd and Subsequent Submission of Revised  Materials  $             ‐   1/4 of total original application  fee ‐$           1/4 of total original  application fee ‐$           1/4 of total original  application fee Modification / Amendment to Approved Plan  $         305 311$           320$           3rd or Subsequent Occupancy Site Inspection  $         135 138$           140$           Extension to Approved Plan  $         382 390$           400$           Initial Improvements Agreement (IA) $         542 or 1% of face value whichever is  greater 553$          or 1% of face value  whichever is greater 565$          or 1% of face value  whichever is greater Reduction in Security  $         270 275$           280$           Impact Fee Deferral  $            69 70$             75$             Pre‐application Consultation with Planners  $            45 46$             50$             162 Memorandum REPORT TO:City Commission FROM:Kristin Donald, Finance Director Marty Matsen, Community Development Director Lacie Kloosterhof, Community Development Office Manager SUBJECT:Resolution 5287, Adopting Building Inspection Fees Adopting International Code Council (ICC) Valuation & Fee Calculation MEETING DATE:April 13, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:Move to approve Resolution 5287, Adopting Building Inspection Fees Adopting International Code Council (ICC) Valuation & Fee Calculation. 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: The Community Development Fee study shows a cost recovery of 80% for Building Inspection Fees. This has only been possible through: Vacancy savings Public Works Funds (mainly the Enterprise Funds) paying for engineering services In addition, the new software that is helping us make the process more efficient is having difficulty calculating under our current methodology for calculating fee amounts. Recommendations: Strive for 90% cost recovery since this fund does not receive other funding and should self-fund. We will do this by adopting International Code Council (ICC) Valuation & Fee Calculation. This will also be more combatable with our new software. Administrative ability for annual adjustment to the latest International Code Council (ICC) Valuation & Fee Calculation Public Works Internal Service fund will charge the Planning Fund for services 163 UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:This would raise Building Inspection fees and Building Inspection Revenue for better cost recovery for the fund and to pay for its share of engineering costs beginning in FY22. Attachments: Resolution 5287 Adopting Building Inspection Fees Final.docx Building Fee ICC FY22.pdf Report compiled on: April 2, 2021 164 Version April 2020 RESOLUTION 5287 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,ADOPTING FEES FOR BUIDLING INSPECTION BASED ON INTERNATIONAL CODE COUNCIL VALUATION AND FEE CALCUALTION AND THE METHODS FOR UPDATING ANNUALLY BASED ON THE INTERNATIONAL CODE COUNCIL UPDATES. WHEREAS,the City of Bozeman has maintained a Certified Local Government Program for the enforcement of Building Codes as Authorized by section 50-60-301 in Montana Code Annotated and Associated Administrative Rules of Montana: and WHEREAS,a fee schedule for each building code enforced under the program is required, and permits are to be charged separately from plan review; and WHEREAS, the International Code Council Valuation and Fee Calculations are an industry best practice. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 Building Fees will be based on the most recent International Code Council Valuation and Fee Calculations annually. Section 2 Fees will begin on July 1st following each update and may be done administratively. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th day of April, 2021. 165 Version April 2020 ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 166 Building Valuation Data – FEBRUARY 2021 The International Code Council is pleased to provide the following Building Valuation Data (BVD) for its members. The BVD will be updated at six-month intervals, with the next update in August 2021. ICC strongly recommends that all jurisdictions and other interested parties actively evaluate and assess the impact of this BVD table before utilizing it in their current code enforcement related activities. The BVD table provides the “average” construction costs per square foot, which can be used in determining permit fees for a jurisdiction. Permit fee schedules are addressed in Section 109.2 of the 2021 International Building Code (IBC) whereas Section 109.3 addresses building permit valuations. The permit fees can be established by using the BVD table and a Permit Fee Multiplier, which is based on the total construction value within the jurisdiction for the past year. The Square Foot Construction Cost table presents factors that reflect relative value of one construction classification/occupancy group to another so that more expensive construction is assessed greater permit fees than less expensive construction. ICC has developed this data to aid jurisdictions in determining permit fees. It is important to note that while this BVD table does determine an estimated value of a building (i.e., Gross Area x Square Foot Construction Cost), this data is only intended to assist jurisdictions in determining their permit fees. This data table is not intended to be used as an estimating guide because the data only reflects average costs and is not representative of specific construction. This degree of precision is sufficient for the intended purpose, which is to help establish permit fees so as to fund code compliance activities. This BVD table provides jurisdictions with a simplified way to determine the estimated value of a building that does not rely on the permit applicant to determine the cost of construction. Therefore, the bidding process for a particular job and other associated factors do not affect the value of a building for determining the permit fee. Whether a specific project is bid at a cost above or below the computed value of construction does not affect the permit fee because the cost of related code enforcement activities is not directly affected by the bid process and results. Building Valuation The following building valuation data represents average valuations for most buildings. In conjunction with IBC Section 109.3, this data is offered as an aid for the building official to determine if the permit valuation is underestimated. Again it should be noted that, when using this data, these are “average” costs based on typical construction methods for each occupancy group and type of construction. The average costs include foundation work, structural and nonstructural building components, electrical, plumbing, mechanical and interior finish material. The data is a national average and does not take into account any regional cost differences. As such, the use of Regional Cost Modifiers is subject to the authority having jurisdiction. Permit Fee Multiplier Determine the Permit Fee Multiplier: 1. Based on historical records, determine the total annual construction value which has occurred within the jurisdiction for the past year. 2. Determine the percentage (%) of the building department budget expected to be provided by building permit revenue. 3. Example The building department operates on a $300,000 budget, and it expects to cover 75 percent of that from building permit fees. The total annual construction value which occurred within the jurisdiction in the previous year is $30,000,000. Permit Fee The permit fee is determined using the building gross area, the Square Foot Construction Cost and the Permit Fee Multiplier. Permit Fee = Gross Area x Square Foot Construction Cost X Permit Fee Multiplier Example Type of Construction: IIB Area: 1st story = 8,000 sq. ft. 2nd story = 8,000 sq. ft. Height: 2 stories Permit Fee Multiplier = 0.0075 Use Group: B 1. Gross area: Business = 2 stories x 8,000 sq. ft. = 16,000 sq. ft. 2. Square Foot Construction Cost: B/IIB = $188.18/sq. ft. 3. Permit Fee: Business = 16,000 sq. ft. x $188.18/sq. ft x 0.0075 = $22,582 Bldg. Dept. Budget x (%) Total Annual Construction Value Permit Fee Multiplier = $300,000 x 75% $30,000,000 Permit Fee Multiplier = = 0.0075 167 Important Points  x The BVD is not intended to apply to alterations or repairs to existing buildings. Because the scope of alterations or repairs to an existing building varies so greatly, the Square Foot Construction Costs table does not reflect accurate values for that purpose. However, the Square Foot Construction Costs table can be used to determine the cost of an addition that is basically a stand-alone building which happens to be attached to an existing building. In the case of such additions, the only alterations to the existing building would involve the attachment of the addition to the existing building and the openings between the addition and the existing building. x For purposes of establishing the Permit Fee Multiplier, the estimated total annual construction value for a given time period (1 year) is the sum of each building’s value (Gross Area x Square Foot Construction Cost) for that time period (e.g., 1 year). x The Square Foot Construction Cost does not include the price of the land on which the building is built. The Square Foot Construction Cost takes into account everything from foundation work to the roof structure and coverings but does not include the price of the land. The cost of the land does not affect the cost of related code enforcement activities and is not included in the Square Foot Construction Cost. Square Foot Construction Costs a, b, c Group (2018 International Building Code) IA IB IIA IIB IIIA IIIB IV VA VB A-1 Assembly, theaters, with stage 263.06 254.15 247.55 237.53 223.05 216.60 229.90 207.42 199.94 A-1 Assembly, theaters, without stage 241.02 232.11 225.51 215.49 201.01 194.56 207.86 185.38 177.89 A-2 Assembly, nightclubs 205.93 199.80 194.89 186.91 176.19 171.34 180.27 159.46 154.02 A-2 Assembly, restaurants, bars, banquet halls 204.93 198.80 192.89 185.91 174.19 170.34 179.27 157.46 153.02 A-3 Assembly, churches 243.83 234.92 228.32 218.30 204.21 198.79 210.67 188.58 181.10 A-3 Assembly, general, community halls, libraries, museums 204.02 195.11 187.51 178.49 163.01 157.56 170.86 147.38 140.89 A-4 Assembly, arenas 240.02 231.11 223.51 214.49 199.01 193.56 206.86 183.38 176.89 B Business 212.46 204.72 197.90 188.18 171.81 165.32 180.77 151.15 144.35 E Educational 222.69 214.99 208.81 199.81 186.17 176.74 192.93 162.78 157.80 F-1 Factory and industrial, moderate hazard 125.58 119.68 112.86 108.68 97.37 92.83 104.02 80.23 75.34 F-2 Factory and industrial, low hazard 124.58 118.68 112.86 107.68 97.37 91.83 103.02 80.23 74.34 H-1 High Hazard, explosives 117.37 111.47 105.65 100.47 90.40 84.87 95.81 73.27 N.P. H234 High Hazard 117.37 111.47 105.65 100.47 90.40 84.87 95.81 73.27 67.37 H-5 HPM 212.46 204.72 197.90 188.18 171.81 165.32 180.77 151.15 144.35 I-1 Institutional, supervised environment 211.58 204.34 198.27 190.28 175.02 170.20 190.53 156.95 152.25 I-2 Institutional, hospitals 355.95 348.21 341.39 331.67 314.48 N.P. 324.26 293.82 N.P. I-2 Institutional, nursing homes 247.27 239.53 232.71 222.99 207.36 N.P. 215.58 186.70 N.P. I-3 Institutional, restrained 241.59 233.85 227.03 217.31 202.46 194.97 209.90 181.80 173.00 I-4 Institutional, day care facilities 211.58 204.34 198.27 190.28 175.02 170.20 190.53 156.95 152.25 M Mercantile 153.55 147.41 141.50 134.53 123.48 119.63 127.88 106.75 102.31 R-1 Residential, hotels 213.59 206.35 200.28 192.29 176.78 171.95 192.54 158.70 154.00 R-2 Residential, multiple family 179.04 171.80 165.73 157.74 143.25 138.43 157.99 125.18 120.47 R-3 Residential, one- and two-family d 166.68 162.17 157.99 154.10 149.61 144.19 151.48 138.79 130.58 R-4 Residential, care/assisted living facilities 211.58 204.34 198.27 190.28 175.02 170.20 190.53 156.95 152.25 S-1 Storage, moderate hazard 116.37 110.47 103.65 99.47 88.40 83.87 94.81 71.27 66.37 S-2 Storage, low hazard 115.37 109.47 103.65 98.47 88.40 82.87 93.81 71.27 65.37 U Utility, miscellaneous 89.90 84.75 79.27 75.71 67.97 63.50 72.24 53.83 51.28 a. Private Garages use Utility, miscellaneous b. For shell only buildings deduct 20 percent c. N.P. = not permitted d. Unfinished basements (Group R-3) = $23.20 per sq. ft. 168 Memorandum REPORT TO:City Commission FROM:Sarah Rosenberg, Associate Planner Brian Kreuger, Current Planning Manager Martin Matsen, Community Development Director SUBJECT:Bozeman Gateway Planned Unit Development Major Modification, Application 20051 MEETING DATE:April 13, 2021 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION: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 20051 and move to recommend approval of relaxation numbers 1, 2, and 3 and denial of relaxation number 4 of the modification to the Bozeman Gateway Planned Unit Development application, subject to conditions and all applicable code provisions. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:Project Summary The property owner and applicant applied to modify the Bozeman Gateway Planned Unit Development (PUD). Located on Huffine Lane at the southwest corner of College Street, the 72-acre mixed-use development has evolved over time to provide a variety of different uses within it that include retail, restaurants, and offices. In total, there are five different phases within the development. Three of the five phases have undergone the subdivision process and are continuing to be developed. Phase four and five require further subdivision in order to be developed. These preliminary plat applications are currently in review. Proposed future development in these phases include a town center, a residential component, and hospitality uses. Since its inception, there have been numerous modifications to the development including changes to lighting fixtures, parking, allowable uses, signage, materials, setbacks, open space, pad sites, and parkland. Per Bozeman Municipal Code (BMC) 38.430.040.A.3(d), amendments to the final PUD can be reviewed as minor changes or major changes. This application includes major changes that require the review to follow the same PUD review and public notice process required for the approval of preliminary plans. The major changes to this plan include the following additional 169 relaxations to the overall development: 1. BMC 38.210.010.C. DRB Review. Request to remove the requirement for any project within the Bozeman Gateway PUD to be reviewed by the Design Review Board (DRB) as outlined in the original adoption of the Bozeman Gateway PUD (Z-05217), condition of approval number 40. 2. BMC 38.310.040.C. Residential in the B-2 zone district. Request to allow ground floor residential in a B-2 zone district as a principal use. 3. BMC 38.320.050. Building Height in the B-2 zone district. Request to replace the 65 foot height allowance from the original Bozeman Gateway PUD (Z-05217), condition of approval number 42, and to allow a building height of 85.8 feet or maximum height as allowed by the underlying zone district, as the allowable height through the development, whichever is greater. 4. BMC 38.570. – Lighting. Request to allow site and building lighting to have a maximum LED color temperature of 4000K, rather than 3000K as allowed by code. This application also includes some general cleanup of the Development Manual such as eliminating conflicts based on past approved modifications, simplifying and clarifying sections of the Development Manual to comply with the current Unified Development Code, and providing additional exhibits in the appendices. The subject property’s Future Land Use Designation was recently changed through the adoption of the Bozeman Community Plan 2020 from Community Commercial Mixed Use to Regional Commercial and Services. The property is zoned B-2. The criteria for granting a PUD are found in BMC 38.430.090. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic existing zoning standards as required in BMC 38.20.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the city. Applicants can request relaxations from code requirements in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the applicant. The applicant asserts that the overall outcome of this proposal is superior to what would be obtained from the application of the default B-2 district. The DRC finds that as the development has advanced, there are components of the lighting that do not show a superior outcome. The DRC has reviewed the application. Based on its evaluation of the application against the criteria, the DRC found the application sufficient for continued review containing detailed documentation necessary for review. The DRB is reviewed the application on March 24, 2021. The Design Review Board (DRB) is the design review advisory body to the City Commission on this application and must make a recommendation to the City Commission. After deliberation, the DRB recommended approval 3-1 of relaxations 1-3 on the application. The City Commission will review this application on April 13, 2021. UNRESOLVED ISSUES:There are four relaxation requests affiliated with this modification. The 170 Development Review Committee (DRC) does not support the relaxation request to allow for site and building lighting to have a maximum LED color temperature of 4000K. This development has had past violations regarding building lighting, which contributed to staff’s and the DRB’s recommendation to deny the relaxation request as outlined in the staff analysis below. Relaxation number 4 is analyzed separately in section 6 of this staff report which recommends denial of the relaxation request. ALTERNATIVES:1. Recommend approval of the application with the recommended conditions and report findings; 2. Recommend approval of the application with modifications to the recommended conditions and modifications to the report findings; 3. Recommend denial of the application based on the Design Review Board’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the review on the application with the concurrence of the applicant, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:None. Attachments: DevelopmentManualRevision_02-04-2021.pdf Gateway PUD Violation Info.pdf Notice of Code Violation - Copper Harbor Lighting.pdf Copper Harbor Light Info.pdf Gateway PUD complaints.pdf BozemanGateway_Photos.pdf Public Comment.pdf 20051_CCReport_Review_FINAL.pdf Report compiled on: March 31, 2021 171 REVISED: 06-06-08 REVISED: 08-10-10 REVISED: 03-07-12 REVISED: 01-29-14 REVISED: 03-09-18 REVISED: 11-3-20 REVISED: 1-25-21 172 Developer: Mitchell Development Group, LLC Ted Mitchell PO Box 738 Great Falls, MT 59403 (406) 761-4400 Architecture: Faure-Halvorsen Architects 1442 W. Main St., Suite A Bozeman, MT 59715 (406) 587-1204 Civil Engineer: Morrison-Maierle, Inc. James Ullman 901 Technology Blvd. Bozeman, MT 59718 (406) 587-0721 Landscape Architect: Red Barn Montana Chad Rempfer 3084 Thorpe Rd. Belgrade, MT 59714 (406) 924-8083 Current Contact Information (subject to change): 173 Table of Contents I. Introduction 1 A. Project Overview 3 B. Development Manual Purpose 4 C. Bozeman Gateway Defined 7 D. Project Phasing 8 E. Permitted Uses 9 II. Site Development Standards 11 A.Site Design 12 1. Professional Competence 12 2. Site Analysis 12 B.Traffic Flow and Parking 13 1. Vehicular Bridges 13 2. Bicycle Traffic 14 3. Walkways 14 4. Parking Lots 15 5. Snow Clearing 15 6. Service Facilities and Mechanical 16 Equipment Concealment C.Civic Spaces 18 1. Bozeman Gateway Core Streetscape 18 2. Concept Town Center Plaza 19 3. Paving Materials 20 4. Public Art and Fountains 21 5. Courtyards and Usable Open Space 21 174 D. Green Space 22 1. Open Space 22 2. Open Space Along Huffine Lane 23 3. Pedestrian and Bike Circulation 23 4. View Sheds 24 E. Site Lighting and Signage 25 1. Site Lighting 25 2. Site Signage 26 F. Utilities, Grading and Drainage 27 1. Utilities 27 2. Grading and Drainage 28 III. Landscape Design Standards 30 A.Overview 31 B.Vegetation 33 1. Tree and Shrub Species 33 2. Planting Beds 34 3. Lawns 35 C. Hardscape 36 1. Site Standards Furnishings 36 2. Outdoor Tables 37 3. Boulders 37 4. Asphalt Trails 38 5. Concrete Trails 38 6. Plaza Space 39 7. Planters 39 D. Storm Water Facilities 40 E. Maintenance 41 1. Irrigation 41 2. Vegetation 43 3. Hardscape 43 175 IV. Building Design Standards 44 A.Overview 45 B.Building Exterior 47 1. Building Planning 47 2. Building Heights 49 3. Mass and Scale 49 4. Architectural Vocabulary 51 5. Materials 52 6. Building Transparency 55 7. Building Entrances 55 8. Projecting Design Elements 55 C. Building Lighting 56 1. Exterior Façade Lighting 56 2. Exit Signs and Emergency Lights 57 D. Building Signage 58 1. General Signage Criteria 58 2. Signage Size and Quantity 59 3. Gateway Review Board (GRB)59 4. Permitted Signage Types 60 5. Signage Not Permitted 62 176 V. Review Procedures 63 A. Conceptual Sketch Review 64 1. Conceptual Sketch Submission 64 2. Conceptual Sketch Submission Document Approval 64 3. Conceptual Sketch Submission Document Requirements 64 B. Project Review 66 1. Project Submission 66 2. Project Submission Document Approval 66 3. Project Submission Document Requirements 66 4. City of Bozeman Site Plan Review 67 C. Construction Compliance 67 VI. Appendix 68 I. Terms & Definitions II. ExhibitsIII. PUD Standards IV. PUD RelaxationsV. PUD Setback TablesVI. PUD Parkland Tracking Table VII. PUD Performance PointsVIII. PUD Landscape Plans IX. PUD Modification ApprovalsX. PUD Typical Road Cross Sections 177 I.Introduction1 178 The renderings, plans and diagrams contained throughout this Development Manual are based on actual and preliminary schematic design of the project. While they exhibit the project’s overall design intent, they by no means present final site conditions, landscaping or building location and architecture. Photos throughout this document are used only to visually emphasis points within the text.2 179 I. Introduction A.Project Overview The Bozeman Gateway, situated at the southwest corner of College Street and Huffine Lane, encompasses a 72-acre mixed- use development. It isn’t a mall; It is Bozeman’s premier destination for dining, shopping, entertainment, creative office space, hospitality, and city central living. The center of the development, “The Bozeman Gateway Core”, (Refer to Appendix II.L for Exhibit) will be a concentration of unique retail, a variety of food fare, specialty professional services, and a minimum of 70 units of residential living. With direct access to public transit, the Bozeman Gateway becomes a reachable place for all. The individuality of the development is furthered through its varying architectural styles and pristine landscaping. All elements of design are held to the highest of standards, creating a quality civic space and memorability for the entire project. All Tenants within the development shall express themselves on the exterior façade or building. The building’s exteriors should be exciting and dramatic, full of life and personality, adding to the variety and visual interest of the streetscape. Each building should also include a dominant feature; 4-wall repetition of architecture will not be permitted. 3 180 I. Introduction B.Development Manual Purpose This Development Manual has been developed to implement the design philosophy of the Bozeman Gateway, namely, to blend structures and landscaping into a harmonious and aesthetically pleasing commercial community. The Development Manual provides a set of design guidelines to owners, lessees and builders in the planning, design, and construction of their building and parking areas. Any unmet code provisions, or code provisions that are not specifically listed, does not, in any way, create a waiver or other relaxation of lawful requirements of the Bozeman Municipal Code or State law. This Development Manual is established and enforced by the Gateway Review Board (the “GRB”), which is made up of design professionals appointed by the Developer. The GRB will be the interpreter of the requirements of the Development Manual, and the GRB’s decision in matters relating to the same shall be final. The GRB, with the consent of the City of Bozeman, in which consent shall not be unreasonably withheld, reserves the right to amend any or all provisions of this Development Manual, as appropriate at any time, in its sole and absolute discretion. The Development Manual shall apply to all property and/or buildings owned by the Developer or sold to third parties. They shall apply to development and improvements by all parties’, successors, and assigns. In addition, the Development Manual shall apply to all Ground Lessees, Parcel Purchasers, Major Tenants and buildings within the boundaries of the project as defined on the Master Plan. Any reference here to a “Ground Lessee” shall also apply to the “Ground Lessee’s” builder, subcontractor, or agents. As to any outparcel lot or building in the Project, no improvements may be commenced, erected, or maintained until the GRB has given its written approval of Final Submissions pursuant to the criteria listed in Section V –Review Procedures. This Development Manual is made a part of the P.U.D. in force on the Project and as such is enforceable by the GRB and designated public officials with the City of Bozeman, Montana. In addition to compliance with the requirements imposed by the Development Manual, the purchaser or ground lessee of any lot or building must comply with all zoning and other applicable governmental laws, rules, and regulations. Approval by the GRB pursuant to this Development Manual shall in no event be construed as representations or warranties that the Tenant’s conceptual sketch plans, final project plans, or improvements comply with any such governmental requirements. 4 181 I. Introduction B.Development Manual Purpose The Developer does not assume responsibility for any losses or damages arising out of the construction of the improvements permitted under its plan review process, nor shall the Developer’s approval of any plans, specifications or other submissions be deemed a representation or warranty by the Developer or its agents regarding the design, materials or any other aspect of the development depicted in such submission. Such review is limited to a review of the compatibility of the proposed improvements which includes such matters as internal traffic circulation, parking, access, landscaping, building site and dimensions, signage, grading, lighting, architectural and engineering design, drainage, and overall design. The Bozeman Gateway will be reviewed and monitored through three basic stages of its development. The following sections of the Development Manual go into further detail on each stage. • Conceptual Sketch Review • Project Review • Construction Compliance The Tenant, at its expense, shall submit to the GRB for review a complete electronic (PDF) set of documents at the conceptual sketch and project review stages of the review process. Document format is detailed in the following. The GRB must give their written approval of all aspects of the contents in this document. 5 182 I. Introduction B. Development Manual Purpose 6 The renderings, plans and diagrams contained throughout this Development Manual are based on actual and preliminary schematic design of the project. While they exhibit the project’s overall design intent they by no means present final site conditions, landscaping or building location and architecture. Photos throughout this document are used only to visually emphasis points within the text. 183 I. Introduction C. Bozeman Gateway Defined The Bozeman Gateway integrates mixed-uses throughout. The interior features pedestrian-friendly open-air squares and plazas. While vehicular access and angled parking are provided along the main interior street, the emphasis is on pedestrian activities. In addition, this particular presentation will be enhanced by prevalent landscaping spanning the development. (Refer to Appendix II.A for PUD Master Site Plan Exhibit) The idea of a single main entrance facade is abandoned in the Bozeman Gateway. The main portion of customer parking and vehicular circulation will be provided on the periphery of the development, integrating the extensive landscaping and pedestrian/bike paths to the core of the project. 7 To further enhance the concept, the Developer has incorporated an extensive trail system for not only pedestrians, but for bicyclists to enjoy as well. These trails are abundant with amenities such as resting/sitting areas, picnicking areas and bicycle parking. The project as a whole hopes to provide patrons the opportunity to enjoy the outdoor experience throughout all four seasons of the year. 184 I.Introduction D. Project Phasing The Bozeman Gateway is proposed to be constructed in five phases (revised 06-06-08). Generally, the development plan calls for construction of phases by demand (See Appendix II.B for PUD Phasing Plan Exhibit). The phase numbering does not necessarily present the order in which the phases will be developed. The actual order of construction will depend on the demand for the various types of uses offered. Phase boundaries may also be modified to account for fluctuation in the demand to the different types of uses of locations. 8 185 I.Introduction E. Permitted Uses The Bozeman 2020 Community Plan supports uses consistent with those allowed by B-2 zoning for the entire Bozeman Gateway project. This zone is described by the Unified Development Code as, “The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access streets.” Typical uses within this designation are a “broad range of functions including retail, education, professional and personal services, offices, residences, restaurant, and general service activities.” This usage provides a natural extension of the Huffine Lane commercial corridor allowing uses that are very consistent with the character of the surrounding area, enhancing and preserving the nature of the district. The Bozeman Gateway PUD is unique in the fact that residential is allowed on the first floor in a B-2 zone. The location of residential on the first floor is allowed throughout the entire PUD. The following uses will NOT be permitted: a.Any public or private nuisance. b.Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness or loudness. c.Any smell that is offensive or objectionable due to its nature or intensity.d.Any excessive quantity of dust, dirt, or fly ash. This prohibition shall not preclude the sale of soils, fertilizers, or other garden materials or building materials in containers if incident to the operation or a home improvement or other similar store. e.Any fire, explosion, or other damaging or dangerous hazard, including the storage, display, or sale of explosives or fireworks. f.Any heavy assembly (Modification #17574, Approved 12-29-17), heavy manufacturing (Modification #17574, Approved 12-29-17), distillation (revised 06-06-08), refining, smelting, agriculture or mining operations. 9 186 05-15-06 I.Introduction E. Permitted Uses g.Any mobile home or trailer court, junk yard, or stock yard, or animal raising excluding pet shops. h.Any drilling for and/or removal of subsurface substances. i.Any dumping of garbage or refuse, other than in enclosed, covered receptables intended for that purpose. j.Any automobile body and fender repair work.k.Any flea market or swap meet, “second hand” or “surplus” store excluding national or regional operators such as “Goodwill”. l.Any store in which a substantial portion of the inventory consists of pornography, sexual products, and similar “adult” goods, publications, movies, or videos. m.Any other uses that the GRB deems offensive. 10 187 II. Site Development Standards11 Articles 4 and 5 of the City of Bozeman’s Uniform Development Code should be reviewed in conjunction with the standards outlined in this section. Any redevelopment to buildings constructed prior to the adoption of the new UDC on July 1st, 2019 shall be required to follow the guidelines set forth in Section 38.500.020 of the UDC –“Types of Improvements” (Refer to Appendix II.M for Buildings Constructed Prior to UDC Adoption Exhibit) 188 II. Site Development Standards A.Site Design 1.Professional Competence All design and/or consulting work for any full or partial site development is to be done by, or under, the supervision of a licensed Architect, Landscape Architect, Engineer, and/or Site Planner. 12 2. Site Analysis Before any plot of land within the Bozeman Gateway Project is developed, the Developer of the land shall perform their due diligence, which must comply with the Bozeman Gateway CC&Rs, the updated UDC, and have written approval by GRB. 189 II. Site Development Standards B.Traffic Flow and Parking 1. Vehicular Bridges The Bozeman Gateway has and will have a number of bridges allowing vehicular and pedestrian traffic to cross the drainage ways that occur in some of the green spaces. More importantly, these bridges have a signature design element throughout the project. The following further describes them: a. The largest bridge is located along Harmon Stream Boulevard just before reaching Huffine lane. It will act as a gateway identifying the main entrance to the project. (Refer to Appendix II.C for Bridge Locations Exhibit) b. The 5 other bridges throughout the project will be similar in design while smaller in scale. 13 c.The bridges will allow vehicles to travel over drainage ways while helping to break up the site and provide a sense of arrival for users. d.The bridges will act as traffic calming devices slowing vehicles. e.A paved walk will be provided on one or both sides of all bridges for pedestrian access, where applicable.f.The bridges are made of precast concrete, and incorporate stone, and ornamental metal work becoming an aesthetic element in the Bozeman Gateway. g.Bridges will be lit by pedestrian scale post-top light fixtures. Main Entrance Bridge 190 II. Site Development Standards B.Traffic Flow and Parking 2. Bicycle Traffic It is a focus of the Bozeman Gateway to make transportation via bicycle on, to, and through the project just as accessible, convenient, and safe as by automobile. a.Approximately 2 miles of extensive trail system will run throughout the designated green spaces.b. 10’-0” wide asphalt and 6’-0” wide concrete bike trails will be provided throughout the green space. c. Ample bike parking will be placed throughout the project, conveniently accessing all clusters of buildings (Refer to Appendix II.D for Exhibit of PUD Bike Parking Locations).d. The Bozeman Gateway’s network of bicycle paths will link with and promote the Greater Bozeman Area’s Transportation Plan (Refer to Appendix II.E for Exhibit of Bike Paths and Walkways). 3. Walkways Requirements given here are for walkways without buildings immediately adjacent to them (Refer to Appendix II.E for Bike Paths and Walkways Exhibit): a.Walkways including pedestrian ramps shall be of non-slip concrete or interlocking paving stones,and a minimum of 5’-0”wide.Cross slope shall be limited to 1/4 inch per foot.b.A minimum 5’-0” planting strip shall be provided between the back of the curb and sidewalk where appropriate.c.Pedestrian crossing at streets, intersections and high traffic areas within parking lots will be designed for maximum safety by incorporating the following:•Crosswalks will be made of a contrasting paving material to the surrounding road surface for maximum visibility to drivers. 14 191 II. Site Development Standards B.Traffic Flow and Parking Contrasting Concrete Continuous Sidewalk Paving Stamped concrete will be used for an aesthetically pleasing pattern that ties in with plazas and surrounding sidewalks. •Texture variation of materials that slightly “rumble” automobiles will calm traffic speeds. •Sidewalk paving running parallel with the street will continue over drive cuts to act as visual reminder of pedestrians. All Parking lots throughout the project shall adhere to the following standards and the UDC: a.All off-street parking areas are to be held in common ownership by the property owners’ association or, in a few cases, be held in private ownership with explicit reciprocal parking arrangements for use by the general public in concert with the rest of the project. b. Parking lot striping shall be yellow in color and 4” in width. Disabled-accessible parking striping shall be blue with white cross-hatch. Striping shall be maintained in good order. c. Pedestrian crosswalks shall be designed between the parking aisles to the building for handicap access. d. Pedestrian and automobile conflict should be minimized by incorporating a common pedestrian pathway through the parking lot where appropriate. 4. Parking Lots 5. Snow Clearing a.The peripheral or non-congested areas of the parking lot shall be incorporated for snow storage areas, clear of low planting and graded for good run off. b.Artificial snow mounds should not aggravate snow drifting problems particularly across walks or paved areas. 15 192 II. Site Development Standards B.Traffic Flow and Parking 6. Service Facilities and Mechanical Equipment Concealment All retail and restaurant service facilities including trash enclosures, storage areas, utility cabinets and utility meters shall be screened from public view and should meet or exceed the UDC site plan standards. These components shall become an integrated part of the building design when possible through the following: a.Designated loading areas should be isolated visually and physically as much as possible from the circulation patterns to minimize impact, traffic crossovers, and noise. b.Concealment of these areas can include walls, buildings, gates and landscaping, alone or in combination, however, they must be an integral part of the site.c. Durable finish materials should be chosen to match or compliment the accompanying building. d. Chain link fencing will NOT be permitted. e. The location and placement of wells and associated mechanical equipment shall be screened. 16 7. PUD Road Cross Sections Road cross sections shall adhere to the standards set forth in Appendix X, (PUD Typical Road Cross Sections). 193 Concept Section Across Technology Boulevard Through the Town Center Plaza II. Site Development Standards C. Civic Spaces 17 194 II. Site Development Standards C. Civic Spaces 1. Bozeman Gateway Core -Streetscape The core of the Bozeman Gateway project will be the main street located along Technology Boulevard West starting at Harmon Stream Boulevard and extending to South 29th Avenue. The following defines the elements of the streetscape that will make it a successful community destination: a.Building frontages within the Bozeman Gateway Core shall adhere to the guidelines set forth in Article 5 of the UDC. (Refer to Appendix II.F for Block Frontage Exhibit) b.Buildings should be sited at or near the front property line to create an urban edge. c.The active street front environment will provide a variety of color, textures and variations in building planes. d.A rhythm will be provided by pedestrian scale light poles approximately every 65’. Occurring between light poles, a tree will be planted to provide texture, as well as shade. e.Whenever there is a large length of street frontage without a building, dense landscaping should be positioned to continue the sense of an urban edge. f.Street furniture may be used to enhance the pedestrian experience. g.Canopies and awnings will provide shade and weather protection throughout the street. h. The sidewalk paving should continue into the street at pedestrian/automobile contact zones. The change in surface material provides a visual element that is aesthetically pleasing while creating a safety feature that defines the pedestrian space. i. Technology Boulevard West will be an active street with one lane of traffic going in either direction and separated by landscape boulevard incorporating angled parking along both sides of each lane. 15’ Minimum Width of Walk in Front of Buildingsin the Mixed-Use Core 10’ Minimum Width of Walk in Front of Buildingsin the Mixed-Useand Office/Professional 18 195 II. Site Development Standards C. Civic Spaces 2. Concept Town Center Plaza Concept Town Center Plaza The Town Center Plaza will be located in the core of the Bozeman Gateway and adjacent to Technology Boulevard West. The space will adhere to all the elements listed defining the building frontages above, except those relating to vehicular traffic. Additionally, a cohesive Architectural Vocabulary shall be applied to all exterior facades; this includes facades adjacent to the parking lot within the Town Center Plaza. There will be no “back” of buildings in that all sides of buildings have prominent views to the public and will be treated as such. (Refer to Appendix II.G for Town Center Plaza Location Exhibit)19 196 II. Site Development Standards C. Civic Spaces In addition the space will be enhanced with the following elements: a.The Town Center Plaza may incorporate an iconic tower marking the core of the Bozeman Gateway.b. Landscape and hardscape shall be integrated to enhance the plaza. c. Seating will be placed throughout the plaza, providing a comfortable place to gather. d. Fire features will provide the space with animation at night. e. This plaza may house events for the project such as presentations, shows and holiday activities. 2. Concept Town Center Plaza 3. Paving Materials The use of decorative paving materials, colors, and patterns may be incorporated at building entry ways, sidewalks, access walks, and plazas to promote the identity of the site as follows: a.Decorative paving treatments should reduce glare and visually anchor the building to the landscape. b.Paving patterns should be kept simple and relate to the architectural theme of a building.c. Color should provide contrast while relating to the overall color scheme of the building. d. Concrete bands may be used to define the edge as a transitional tool between differing materials. e. Appropriate paving materials include • Masonry Block Pavers• Brick • Stone • Granite • Concrete, Stained, Stamped and/or textured f. Plaza paving should blend harmoniously with cross walk paving at streets and intersections. Concept Town Center Plaza Holiday Lighting Concept 20 197 II. Site Development Standards C. Civic Spaces a.Civic art shall be an integral part of the plaza design. Any built element is an opportunity to emphasize the artistic expression of the plaza such as manhole covers, paving, railings, overhead structures, signage, etc.b. Fountains may be included for visual attraction, to screen traffic noise, and for their calming effects. c. Art, sculpture and fountains with which people can interact by means of touch, movement and play. d. Sculptures and fountains will be scaled appropriately for the size of the plaza. Locations will not impede pedestrian circulation patterns and line of sight. 5. Courtyards and Usable Open Spaces Tenants are highly encouraged to use the outdoor spaces available to them. These spaces can be covered or open air for dining or store circulation. The following shall govern these spaces: a.Outdoor areas should be visible from the sidewalk on the main street. During hours of non-operation these areas can stay open to the public or may be closed off by gates. b.Paving must match the sidewalk paving unless the space itself is demarcated by a low wall or entrance element.c.Light fixtures, benches and other outdoor furniture will complement the Landlord provided site elements or can be unique; but in context with the Tenant’s overall store design. d.Courtyard spaces may be designed to incorporate shade trees, strategically placed shade structures and fountains.e.In courtyards and usable open spaces, seating shall be designed to maintain a common theme. f.Cafe seating is encouraged in front of buildings along the street. The Landlord must approve all outdoor furnishings. 4. Public Art and Fountains 21 198 II. Site Development Standards D. Green Space 1. Open Space A total of 9.62 acres of open space will be created within the Bozeman Gateway site. There are three significant green open space corridors running from north to south through the property and an additional corridor running from east to west along Huffine Lane. (Refer to Appendix II.H for Exhibit of PUD Open Spaces) The open space areas are open to public access throughout. These open spaces will be enhanced with bike/pedestrian trails and landscaping connecting the site to properties on the north and south. Boulevard trails will provide similar opportunities from east to west along Garfield Street and Huffine Lane. These pedestrian corridors and Boulevard Trails will connect the various uses, activities, and common open space areas within the site and connect the site with adjacent properties on all sides. 22 199 II. Site Development Standards D. Green Space 2. Open Space Along Huffine Lane The Bozeman Gateway will enhance the project’s image to the community through the open space corridor along Huffine Lane by implementing the following into the design: a. A “green edge” has been established along the Huffine Lane frontage for the entire length of the site. b.A hard surface bicycle/pedestrian trail buffered and detached from the roadway has been located within the green setback area. c.The green area has been extensively landscaped. d.Restaurants along Huffine Lane will be encouraged to incorporate outdoor dining and sitting areas. e.Access from Huffine Lane is provided at only three locations 3. Pedestrian and Bike Circulation The Bozeman Gateway will be designed to maximize the pedestrian experience. Getting around the site by foot will be made safe and interesting through the following guidelines: a.Approximately 2-miles of extensive trail system will be provided throughout the green space. These trails, for hiking or biking, will connect to all adjacent properties. b. A transit stop is proposed in the location shown in Appendix II.I (PUD Transit Stop Location). Covered shelter will be integrated with the transit stop once activity levels have been determined to support said stop. This location may contain an information and map display. Transit Stop Plan Concept Transit Stop 23 200 II. Site Development Standards D. Green Space 4. View Sheds Various components of the development may include a landscaped trail system, landscaped parkways, and boulevard trails to mitigate its visual impact. A summary of some of the visual amenities to the project is provided below. a.The tributary to the Baxter-Border Ditch provides a pedestrian walkway through an enhanced drainage way which is visible to traffic approaching on Huffine Lane from the west as well as from the Fowler Avenue/Huffine Lane intersection. b.Upper Cattail Creek (Harmon Stream) provides a pedestrian pathway through the center portions of the project. This corridor is enhanced by landscaping. It is visible from Huffine Lane and the entrance on Harmon Stream Blvd. c.Landscaped pathways, boulevard trails, and open space areas will surround the perimeter of the project providing visually appealing pedestrian corridors connecting the many amenities of the project to the surrounding properties and mitigating the visual impact of the project around the entire site.d. All new utilities will be placed underground and within dedicated utility easements. 24 5. Parkland Parkland for the Bozeman Gateway has been provided for by cash-in-lieu. See Appendix VI. (PUD Parkland Tracking Table). 201 II. Site Development Standards E. Site Lighting and Signage 1. Site Lighting Building lighting is covered in Section IV. The following requirements should govern the design of lighting for roadways, and parking areas. a.Lighting, both street and parking lot fixtures, cannot exceed a height of 25 feet. b.Parking lot light illumination shall be consistent throughout the PUD and shall follow requirements of the City of Bozeman Unified Development Code. c.Parking lot pole impact bases shall be decorative. d.Site lighting shall be 4000K LED, with shielding devices or louvers to reduce horizontal glare. e.Lighting along a Right of Way shall be 3000K LED, with shielding devices or louvers to reduce horizontal glare f. Any canopy, building, or pole mounted lighting fixtures shall meet the cut off shield requirements outlined in the City of Bozeman Unified Development Code. Project Light Fixture Bozeman Gateway Entrance 25 202 II. Site Development Standards E. Site Lighting and Signage 2. Site Signage Tenant signage to be placed on or near buildings is covered in Section IV. All free-standing signage throughout the site will be designed under a comprehensive signage plan (Refer to Appendix II.J for PUD Comprehensive Sign Plan). General design criteria for this signage is as follows: a.3 pole signs and 4 monument signs will identify the project and major tenants.b. All signs will be located outside of the street vision triangle at all entrances into the planned unit development as well as outside of street right of ways. c. Allowable materials for signage construction shall adhere to the standards governing materials used in the building exteriors on Page 52 -53 of this development manual. d. Signs will be illuminated only as permitted by the City of Bozeman Unified Development Code. e. Signs composed of individual letters are encouraged. Backlit or indirectly lit individual letters are desirable.f.Raceways and transformers will be integrated with signage. g. All users wishing to erect signs shall obtain a sign permit from the City of Bozeman prior to construction and installation and must comply with this development manual as well as the City of Bozeman Unified Development Code. Concept Monument Sign Pole Sign 26 203 II. Site Development Standards F. Utilities, Grading and Drainage 1. Utilities Electrical a.All newly installed electrical service shall be below grade. b.All electric meters, transformers, etc., shall be concealed from public view with plant materials or built screening. c.The occupant shall be responsible for obtaining any and all necessary consents or approvals for obtaining electrical service and for the payment of any fees. Telephone a.All telephone service shall be below grade.b.All telephone equipment shall be concealed from public view with plant materials or built screening. c.The occupant shall be responsible for obtaining any and all necessary consents or approvals for obtaining telephone service and for the payment of any fees. Sanitary Sewer a.Installation of sanitary sewer pipe shall conform to local code and practicesb.Sanitary sewer shall be tested for infiltration, exfiltration, and air tested. c.The occupant shall be responsible for obtaining any and all necessary consents or approvals for obtaining sanitary sewer service and for the payment of any fees. 27 204 II. Site Development Standards F. Utilities, Grading and Drainage Water Lines a.Valves shall be placed to provide ease of shut off during water system emergencies. b.Reduced pressure back flow preventers which are not in screened service areas, shall be located below grade in a vault or above grade enclosed in an approved screen. c.Unadorned fiberglass will not be accepted.d.The occupant shall be responsible for obtaining any and all necessary consents or approvals for obtaining water service and for the payment of any fees. Gas a.Gas service shall be provided by the local gas company. b.All gas meters, valves, etc. shall be concealed from public view with plant materials or built screening. c.The occupant shall be responsible for obtaining any and all necessary consents or approvals for obtaining gas service and for the payment of any fees. 2. Grading and Drainage a.Insure preservation of all useful topsoil. Stockpiling of topsoil or other excessive material shall be done so as not to interfere with drainage before, during, or after construction. b.The necessary City of Bozeman and MDEQ erosion control methods shall be utilized to prevent siltation onto adjacent properties and into pipelines. c.Design finished grades to provide positive drainage of all lawns and paved areas. Allow no drainage of surface water towards buildings. d.Slope of parking lots shall be a minimum of 0.5%and a maximum of 4%. 28 205 II. Site Development Standards F. Utilities, Grading and Drainage e.Slope of grass lawns should be between 1.5% and 6%. f.Slopes in excess of 6% are considered to be berms or hillsides g.A maximum slope of 3:1, or 33% will only be used to transition grade from building to hardscape. Rip rap, retaining walls or other means shall be used in places where slope might be greater. h.All grade transitions between off-street parking lot areas and abutting watercourse open space areas shall not exceed a maximum slope of 4:1, or 25% slope.i. On-site material may be used to create visual barriers or mounds acting as screens for the deflection of wind and noise. j. Round off the tops and bottoms of all slopes to avoid sharp transitions. k. Design for fast drainage of areas where snow will be stockpiled. Direct the drainage towards gutters to minimize the effect of de-icing agents on lawns. l. Storm water treatment facilities shall be incorporated as landscape features, effectively screened by use of landscaping, or provided by use of underground detention and storm water management treatment systems.m. Per the UDC, Section 38.410.080, stormwater retention/detention facilities in landscaped areas must be designed as landscape amenities. They must be an organic feature with a natural, curvilinear shape. The facilities must have 75 percent of surface area covered with live vegetation appropriate for the depth and design of the retention/detention facility, and be lined with native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to create a functional, yet natural site feature. A cross section and landscape detail of each facility must be submitted with the final landscape plan for review and approval. Facilities with a slope up to and including ten percent grade may be grassed and irrigated to blend into the adjacent landscaped area. 29 206 III.Landscape Design Standards30 Articles 4 and 5 of the City of Bozeman’s Uniform Development Code should be reviewed in conjunction with the standards outlined in this section. 207 III. Landscape Design Standards A. Overview The landscape theme for the Bozeman Gateway reflects the desire to integrate an upscale mixed-use development into the surrounding landscape. Concept Seating Area and Bike Parking 31 208 III. Landscape Design Standards A. Overview Open spaces provide the opportunity for environmentally sustainable practices which include the filtration of storm water, snow run off, and erosion control. In addition, these open spaces help control the microclimate through wind breaks, snow drifting and minimizing the urban heat island effect associated with parking lots. These open space corridors also serve as a public leisure component by providing pedestrian and bicycle friendly facilities. Such facilities include internal trail corridors that connect office buildings to retail and restaurant facilities as well as seating and gathering areas and bicycle parking. These facilities provide valuable amenities for both consumers and retailers, including their employees. In addition, any landscape areas within the Bozeman Gateway must meet or exceed the requirements outlined in Section 38.550.050 of the UDC. Huffine Lane Corridor Concept Landscape Plan 32 209 III. Landscape Design Standards B. Vegetation 1. Tree and Shrub Species Species diversity, hardiness, adaptability and maintenance should be considered when selecting each tree for its actual location. a.Most of the existing grassland vegetation on the site will be removed during construction operations.b. Trees will line the roadways and will be incorporated in the parking areas to provide shade. c. Considerations when selecting these trees will include urban tolerance and, if power lines exist in any areas, tree height. d. Shade trees will be planted along trails and in open spaces. e. All trees planted within a right-of-way must be on the city forester list. f. Ornamental trees should be used as accents near plaza spaces, entries, seating areas, and to enhance open spaces. g. Evergreen trees will be used throughout to add winter interest and provide buffering capabilities. h. Shrubs will be placed within the open spaces of the project to provide accents on a smaller scale and bring more color and texture to the landscape. i. Shade trees, and all trees to be installed in the boulevards, off-street parking lots, common open space areas, public plazas and individual subdivision lots will be installed at a minimum of 2” caliper. This size is most readily available and, is less susceptible to vandalism, and provides a more mature tree.j. Evergreen trees will be a minimum of 5’ to 6’ in height. k. Shrubs are container grown and vary in size. l. Wildlife protection may be needed until all plants are established. m. Trees planted in boulevards shall be spaced per the UDC to create a rhythm along the street and to buffer as well as reduce the heat island effect from the parking lots. The public streetscape shall contain a regular spacing of boulevard trees along all streets, both public and private, in concert with landscape features and screening of off-street parking lots; primarily, areas along West Garfield Street and US Highway 191/West Main Street. n. Some trees may be strategically located to allow for views of signage, surrounding mountains and way finding. Seating Area 33 210 III. Landscape Design Standards B. Vegetation Formal Seating Area West of Kohls 2. Planting Beds a. Planting beds will be found along trails, next to buildings, and as a backdrop to plaza spaces and seating areas. b. Shrubs and perennials located in planting beds will be massed together and spaced to provide a mass of plants at maturity without overcrowding.c. Planting beds will be separated from lawns with a concrete, steel, or aluminum edging and have a minimum depth of topsoil of 12 inches. d. A layer of weed barrier fabric with a weight greater than 3.2 ounces per square yard will be placed in all planting beds except in annual planting beds. e. This development manual specifically discourages the use of “pea” gravel. All landscape islands that include decorative rock or gravel as a ground cover shall specify 3”-minus or equal in the landscape plan. Lava rock and bark is prohibited, unless explicitly approved by the GRB. 34 211 III. Landscape Design Standards B. Vegetation 3. Lawns There are proposed irrigated and non-irrigated lawn areas in this development. All lawns shall be irrigated. a.Irrigated lawns typically occur adjacent to buildings, high pedestrian traffic areas, and near seating or gathering areas in the open spaces. Two options are available for the establishment of irrigated lawns. b.Lawns may be hydroseeded or drill seeded. Special care should be taken with this method to protect plant growth from vandalism and weeds during the establishment period. c. Lawns may also be sodded for quicker establishment and immediate effect. Most sod farms in the Gallatin Valley area only produce a blend of Kentucky Bluegrass sod suitable for this purpose. Other sod blends, such as a fescue-blend sod may be appropriate for more water- conservation and is encouraged in this development. 35 212 III. Landscape Design Standards C. Hardscape 1. Site Standard Furnishings To have a unified look throughout the common areas of the Bozeman Gateway development, it will be important to be consistent when choosing site furnishings (Refer to Appendix III for PUD Standards). a. All furnishings should complement the architectural style of the development, as well as be both durable and functional. b. Suggested length for benches should be 6’, made of recycled plastic slats or powder-coated metal. c. The color selected for these should then be used with both the trash receptacles and bike rack. Trash receptacles will be needed in high-volume areas, such as the plaza spaces and seating areas. d. Bicycle racks are proposed to be located near the seating areas and high pedestrian traffic areas. This will accommodate users accessing the open spaces with bicycles. e. Site furnishings will be provided in public plazas, main street, or anywhere pedestrians are expected to gather. Site Furniture 36 213 III. Landscape Design Standards C. Hardscape 2. Outdoor Tables Outdoor seating areas will be provided for office employees, shoppers and those using the hike-bike trails. a.Tables may be small round, square or rectangular with attached benches or associated seating made of either recycled plastic, or powder-coated metal. b.At least one of the tables should provide access as per ADA guidelines. Finish and color should be consistent with all other site furnishings. 3. Boulders a.Boulders will serve several purposes in open spaces. They may be used for landscape enhancement, seating, mechanical screening, retaining soils and providing erosion control. b.Boulders will also be used in and around planting beds for added interest and to separate planting areas from walkways and lawn. Site Furniture 37 214 III. Landscape Design Standards C. Hardscape 4. Asphalt Trails Asphalt Trail Section a.The main trails in The Bozeman Gateway development located along Huffine Lane will be asphalt. b.Asphalt trails are 10 feet in width with a 1-foot gravel border along each edge. Excavation for trail must be a minimum of 12.5 inches. Subgrade for asphalt shall be compacted to 95% proctor density, with a 1-1/2 inch minus crushed gravel base (minimum 9-inch depth). c.Asphalt surfacing should be a minimum 2.5 inches in depth. Slope and cross-slope on all asphalt trails will be designed to meet ADA standards. a.Concrete trails in the Bozeman Gateway are 6 feet in width. b.Concrete trail shall be 4 inches of concrete on a minimum of 3 inches of 1 1/2” minus washed rock base material except through driveways, where 6 inches of concrete is required. c.Concrete trails crossing driveways shall be stamped, colored concrete. d.Concrete shall be a minimum of class M4000 with 1.5 pounds of fiber mesh per cubic yard. e.Slope and cross-slope on all concrete trails will be designed to meet ADA Standards. 5. Concrete Trails 38 215 III. Landscape Design Standards C. Hardscape 6. Plaza Space a.Plaza spaces will be a hardscape area, often with seating and planting beds. For aesthetic value, it is suggested that all hardscape plazas have a component of a colored, textured concrete material. b.Colors should remain consistent with the overall tone of the development.c. A small retaining wall can double as a seating wall to accommodate more users. d. Public art may be located in these areas. 7. Planters a.Throughout the plazas and public areas, planters may be installed and incorporated within larger seating areas. b.Planters may be fixed, permanent structures or large single containers. c.Planters may contain plant stock consisting of dwarf trees, ornamental grasses, perennials or annuals. d.Container or planter size should allow approximately two cubic feet of substrate for every square foot of tree canopy near maturity. e.Individual containers with self-contained watering apparatus are encouraged. Permanent planters may have supplemental spray or drip irrigations, connected to an irrigation controller. 39 216 III. Landscape Design Standards D. Storm Water Facilities The following measures will be taken to ensure that storm water facilities are an aesthetically desirable amenity for the project. a.Drainage basins shall not eliminate the installation of landscape features. b.Drainage basins placed in open space corridors shall be designed to be integrated into the overall landscape, as if a natural occurrence. c.Outlet structures shall be screened with landscape rocks and vegetation. d. All open space areas and associated watercourses will be landscaped. Harmon Stream Open Space 40 217 III. Landscape Design Standards E. Maintenance The concept for landscape irrigation will promote water conservation through designed irrigation systems. Irrigated lawn areas will be on separate zones from shrub and perennial beds and all zones must be on an electric controller system. Occupants of the Bozeman Gateway will be responsible for installing and maintaining their own irrigation systems for any areas within their lease line or lot line. All green space areas will be part of a comprehensive irrigation system that is designed and coordinated to maximize water efficiency while minimizing maintenance of the system. All components will be of a contractor grade; will be designed, installed, and maintained by qualified personnel. All irrigation systems shall be approved by the GRB. Irrigation systems must also adhere to the requirements outlined in Section 38.550.050.I of the UDC. The following are design standards and maintenance requirements for irrigation systems: a.All irrigation main lines shall be Class 160 Polyethylene (PE) pipe and installed with a minimum depth of 18 inches from the top of the pipe. b.Irrigation lateral lines may be either Schedule 40 PVC or class 160 PE pipe. Lateral lines shall be either trenched or pulled. Lateral lines connecting to rotors or spray heads shall have a minimum cover of 12 inches. c.Spray heads may be used in irrigated lawn areas and shrub beds. Pop up bubbler heads may be used in shrub and perennial beds. d.Drip irrigation is an acceptable alternative in shrub and perennial beds. Plant material located in non-irrigated lawn areas will receive drip irrigation for establishment purposes. Drip lines should be buried, or if in lawn areas, should have a minimum of 8 inches of cover. 1. Irrigation 41 218 e.Rotor heads may be used in irrigated lawn areas. Rotor heads will be gear driven and capable of producing the specified output and coverage area and are attached to the lateral line by swing joints or crazy pipe. f.All heads must be placed at a grade so that it is not damaged from maintenance equipment or an attractive nuisance. g.Non-keyed locking valve boxes must be installed to deter vandalism. h.All systems must be connected to an electric controller with automatic programming capabilities. Where feasible, scheduling for the running of irrigation systems should occur between the hours of 10:00 PM to 6:00 AM to maximize water efficiency and to avoid conflicts with use during the day. i.The incorporation of a rain sensor is recommended to conserve water by automatically disabling an automatic irrigation system when rain is detected.j.The water source for the green space areas will be wells with a maximum output of 35 gallons per minute. Occupants have the option of connecting to the potable water source. k.All installations, after completion, must have the contractor submit to the Gateway Review Board (GRB), copies of all “as-built” drawings. In addition, copies of well permitting/registration in formation must be provided to the GRB. The contractor must submit copies of all well pump O&M manuals to the owner and GRB. l.The irrigation systems should be charged in April, after the frost has left the ground and plant material begins to grow. The systems should be winterized by the end of October by blowing out the system using an air compressor. No winter watering is allowed from an automatic irrigation system. If winter watering is necessary, it should be done manually from a water tank. III. Landscape Design Standards E. Maintenance 42 219 III. Landscape Design Standards E. Maintenance 2. Vegetation a.Weekly maintenance will include mowing and garbage collection. b. A noxious weed control program will be established. c. A yearly property check with spot spraying will be completed as required by the weed management plan. This program can also be used to control the weeds in gravel parking areas and walkways with spot application of a weed control agent as required. d. Turf grass areas should have a mow height of no less than 3 inches and be allowed to grow to 4 or 4 -1/2 inches before being mowed again. e. Fertilizing of grass and lawn areas are required and should not be overdone to minimize water needs, mowing and to protect sensitive areas. A fertilization schedule will be determined by a grass specialist. f. Lawns which have irrigation at head to head coverage should have two applications of fertilizer. g. Trees and shrubs located within a water course corridor should be monitored and if deemed that they need fertilization, the use of capsule fertilizer should be utilized. 3. Hardscape a. Sidewalks, asphalt trails, and plaza spaces will need sweeping and/or snow removal depending on use. b.Maintenance of the public open spaces will be provided by the developer, property owner or property owner’s association. 43 220 IV.Building Design Standards44 Articles 4 and 5 of the City of Bozeman’s Uniform Development Code should be reviewed in conjunction with the standards outlined in this section. 221 IV. Building Design Standards A. Overview 45 222 IV. Building Design Standards A. Overview The Bozeman Gateway will consist of different building types, such as office, retail and residential all of which shall have their own style or distinctive appearance. While each building type will have its own unique design characteristics or distinctive appearance, the purpose of this Development Manual is to give a standard of design that can be upheld throughout the entire project. Each building within the project will be reviewed on its own merits. The guidelines for design presented in this development manual apply to all building types, unless otherwise noted. Building types, such as residential (multifamily), that have the same use, may have consistent and similar design features, i.e. common exterior materials, with matching colors, in order that they can be identified as a “neighborhood or community”. Within the Bozeman Gateway, there will be significant variations in design, but all will maintain the highest quality of design materials. Each building type shall have a unique and prominent design feature. Buildings setbacks are defined in Appendix V (PUD Setback Tables). All building designs shall also adhere to the frontage specifications that are outlined in the UDC. The renderings, plans and diagrams contained throughout this Development Manual are based on preliminary schematic design of the project. While they exhibit the project’s overall design intent they by no means present final site conditions, landscaping or building location and architecture. Photos throughout this document are used only to visually emphasis points within the text. 46 223 IV. Building Design Standards B. Building Exterior 1. Building Planning All buildings will be sited to create an urban edge as described previously in the overview. The following applies to all building types. a.Buildings and facades should be sited on or near the lease line (lot line minus setback) to maximize pedestrian and commercial activity. b.Store facade construction shall not project beyond the lease line, except for approved projecting elements such as signage, awnings and canopies. c.Significant changes in the plane of facades, including recesses and extruded elements, must be incorporated into the facade design to create interest and provide visual variety. Flat, straight facades which extend across the entire facade width are not permitted. d.Multi-story buildings should be expressive of upper floors. Windows and cornices should add a human scale to the facade.e. The backside of buildings shall include architectural features, light features, materials, color palette and awnings over the doors on all four sides of building elevations. Again, wall-to-wall repetition is not permitted. The following requirements are guidelines for building design dependent upon location: Bozeman Gateway Core a.Store-frontages of buildings within the Core will always account for the ground floor. Offices, residential, or additional commercial may be above. Multi-story tenants are permitted. 47 224 IV. Building Design Standards B. Building Exterior b. Some Tenants will have parking in the rear of their store. A second public entrance is encouraged when appropriate. This rear facade and entrance, while possibly varying from the design along the street, will adhere to all design criteria set forth in this document (Refer to Appendix II.L for Bozeman Gateway Core Exhibit). Buildings Located Outside the Core a. Tenant main entrances, as identified in Appendix II.F Block Frontages, may open onto parking. Other entrances to the side or rear of the buildings are encouraged. b. Two story tenants are permitted. Second story tenants must have a dedicated ground floor access. c.Parking should be located in the middle of the site. Grocery Store Exteriors 48 225 IV. Building Design Standards B. Building Exterior 2. Building Heights Maximum variations in building heights should be used throughout the Bozeman Gateway to add diversity and visual interest. An expression of each floor on the exterior skin through windows and cornices should be used to maintain a human scale in multi-story buildings. The maximum building height within the Bozeman Gateway shall adhere to the City of Bozeman’s Growth Policy under the designation of Regional and Commercial Services. Building heights may be limited based upon required parking, available parking, and type of use planned. 3. Mass and Scale Building massing and articulation shall be used to “articulate building elements in order to achieve an appropriate perceived scale and add visual interest”, as defined in Section 38.530.040 of the UDC. In addition to the requirements outlined in Section 38.530.040 of the UDC, the following elements apply to all building categories: a.Facades longer than 50’ must have some variation in facade height. A flat facade cap element across long storefronts are not permitted. A change in vertical height between each building module is required. b.Design features such as towers, pediments and other cornice treatments should be utilized to create an interesting elevation profile. All corner buildings shall include a type of design feature directed towards the corner. Concept Retail Scale 49 226 IV. Building Design Standards B. Building Exterior c.Adjacent buildings should have unique roof lines and parapets varying in styles and heights. Gables, sheds, mansards and hip roof configurations can be used to add variety to the facades. d.Snow stops shall be used on all sloped metal roof forms where roof edges are above pedestrian walkways. They shall be visually unobtrusive and match the color of the roof. e.Gutters on sloped roofs are permitted and will be mandatory in some areas. Gutters must match the roof color or exposed soffit conditions. Exposed downspouts are permitted but discouraged. Gutters and downspouts must incorporate de-icing electrically heated cables. f.All roof top mechanical equipment will be screened by parapet walls or an architectural screen using the materials or color palette of the building facades. This screen will reach a height that is equal or greater than the top of all mechanical equipment. g.Building should have proportions of openings, cornices, and articulation dictated by the architectural style and vocabulary. The elements should be carefully designed to maintain a human scale to all buildings regardless of building height or size. h.Expression of depth of wall thicknesses should be incorporated as an architectural feature. By recessing windows and entrances, exaggerating wall thickness, and projecting architectural articulations, the facades shall have depth and shadow. i.Columns should relate in scale to that portion of the building which they visually support. The dimension of a column is often lost when its mass is not proportional to its height. Variation in Massing Example 50 227 IV. Building Design Standards B. Building Exterior j.Within the Bozeman Gateway, there will be no common demising piers between Tenants on the exterior facade. A common 1” reveal will separate facades. At the connection of facades of varying height, the higher facade Tenant shall provide any required return finish to meet the lower facade. When two Tenant facades are not in the same plane, the facade that is closest to the street will be responsible for wrapping the facade material back and sealing the 1” reveal between the two facades, contingent on order of construction. 4. Architectural Vocabulary Each individual tenant’s façade or building should be unique enough to add interest and authenticity to the streetscape. However, each design must compliment the overall project and feel to create an aesthetically pleasing and equally inviting atmosphere in order to promote and maintain a spirit of community and collective quality. Each building is encouraged to incorporate a significant feature that showcases its identity and independent character. While many key elements of this style are outlined herein, they are not necessarily mandated or applicable to all building types. Each building shall be considered upon its own merit as it contributes to the Gateway as a whole. a.A prominent feature on all buildings is encouraged. b. Arcades, columns, pilasters and arches should be incorporated as appropriate.c. Main entrances should be protected from the elements by either recessing the entrance into the facade or by providing a canopy or awning. Larger canopies and/or additional canopies along the facade are encouraged. d. A change in color and articulation over each building module to reduce the perceived mass of a building is required.e. Corporate or franchise-style architecture must be modified or changed to compliment the overall project. Concept Architectural Vocabulary Natural Stone Example 51 228 IV. Building Design Standards B. Building Exterior 5. Materials The use of high quality and durable building materials is required. Materials should create visual interest and coordinate with the overall aesthetics of the development. Materials should exceed the requirements of Section 38.530.060 “Building Materials” in the UDC. The following primary and alternative building materials should be used to create diversity and excellence in design. Alternative materials should be used to accent and enhance the primary materials. Example Storefronts a.Primary: • Brick • Stone / Cultured Stone • Architecturally Enhanced CMU • Architectural Concrete Elements• Architectural Metals (Metal should be a minimum of 24-gauge thickness) • Stucco with strong emphasis on the treatment, color palette, variation in joint detail, pattern, relief, and architectural detail • Granite/Limestone/Other Natural Stones •• Cementous Panels Systems –such as “Nichiha” or “Hardi” or “Alura” b.Alternative • EIFS (Dryvit, Stucco) may be used in limited areas covering a maximum of 25% of any facade. A strong emphasis on the treatment, color palette, variation in joint detail, pattern, relief, and architectural detail must be provided •Painted steel elements or decorative grillwork •Tile Work •Canvas / Fabric, Glass and/or Metal Awnings •Slate Roofing, natural or manufactured•Molded or shaping material such as metal or fiberglass •Stained or Finished Wood is discouraged •Any other creative material approved by the GRB 52 229 IV. Building Design Standards B. Building Exterior c. The following materials will NOT be permitted on exterior facades: •Painted Drywall or Sheathing •Painted or Exposed Standard CMU •Slatwall or Peg Board •Field Painted Metal •Plastic Laminates•Plexiglas •Thin Gauge Metal or Metal Laminate •Mirror Finishes •Vinyl or Fabric Wall Coverings •Aluminum, or Vinyl Siding•Chain Link d. Storefronts are encouraged to use dark bronze anodized or similarly darker frames or other colors in lieu of brushed stainless steel finish. e. Exterior materials will be weather resistant and not fade, degrade or in any way compromise the material’s original aesthetics due to weathering, exposure to sunlight, temperature change, or normal wear over time. 53 230 IV. Building Design Standards B. Building Exterior Copper Harbor Rendering A cohesive Architectural Vocabulary shall be applied to all exterior facades. There will be no “back” of buildings in that all sides of buildings have prominent views to the public and will be treated as such. 54 231 IV. Building Design Standards B. Building Exterior 6. Building Transparency Transparency requirements as outlined in Section 38.510.030 “Block Frontage Standards” of the UDC shall apply to all facades with store- frontages. This applies to all retailers in the Bozeman Gateway Core. Transparency Example Example Retail Entrance 7. Building Entrances The entrance requirements as outlined by the UDC shall apply to all buildings. 8. Projecting Design Elements Canopies and awnings are highly encouraged. Along with protecting pedestrians from the elements they create an inviting scale for building facades. The following requirements will apply to all building types. a. Minimum height to the bottom of the projecting element is 9’-0”.b. Minimum horizontal projection from the facade is 3’-0”. c. Maximum horizontal projection measured from the lease line is 8’-0”. d. The projecting element should stop a minimum of 1’-6” from the adjacent tenant. e. Design and location of projecting elements shall not create a significant visual barrier to adjacent Tenant store facades. GRB shall have final determinations regarding clearance and sight line issues. f. Tenant name and logos may appear on canopies or awnings in so that they fit the character of the project. 55 232 IV. Building Design Standards C. Building Lighting 1. Exterior Façade Lighting The following applies to all building categories: Lighting for the streets, parking lots, and the adjacent pedestrian walks will be provided with a uniform projected lighting scheme. Every building is encouraged to incorporate The Bozeman Gateway wall-mounted fixtures. a.Wall mounted lighting, such as wall sconces, focused on facade elements are encouraged. Entrances and projecting elements should be highlighted to create a visually lively street at night. b.Light fixtures will be appropriately shielded to prevent glare. A high- quality light design must be incorporated into the overall facade design. c.Light spread from fixtures illuminating elements of the facade my not significantly spill over onto neighboring facades.d.Lighting such as sconce lights or goose necks shall be used to visually break up large building masses at night. e.All ballasts and conduit must be concealed f.Recessed can fixtures in soffits may be used. g. Permanent strings of light bulbs with less than 4 watts per bulb are permitted for use in lighting outdoor spaces. h.Lighting shall comply with all local lighting codes. i. The following exterior lighting shall be used : • LED color temperature of 4000K (highly encouraged)• Metal Halide color temperature of 4000K j. Exposed neon tube or LED string lighting must comply with the City of Bozeman UDC. Well-Lit Main Street 56 233 IV. Building Design Standards C. Building Lighting 2. Exit Signs and Emergency Lights The following applies to all buildings: a.Exit signs and exterior emergency lights shall be installed to serve their intended functions, but also be as inconspicuous as possible. b.The back sides of exit signs which are installed at the storefront entry area shall not be visible from the exterior unless an edge lit type sign is used. c.The quantity and location of exit signs and exterior emergency lights shall be installed as required by code. 57 234 IV. Building Design Standards D. Building Signage 1.General Signage Criteria The following applies to all buildings: a.All signage must be an integral design feature of the Tenant’s store facade or building design. It shall be designed to compliment the context of the entire project. b.Property Owners shall meet the standards of the Bozeman Gateway’s Comprehensive Sign Plan during site design. Additionally, Property Owners shall determine the sign square footage allocation for Tenants/End-users within their building. Tenants/End-users must meet the approved Building Comprehensive Signage Plan as established during the Site Plan process. c.The use of a corporate logo or other established corporate insignia shall be permitted only if specifically approved in writing by the GRB. Taglines or identification of specific products or services are permitted only as approved by the GRB. d.All signage is to be of quality construction. Shop fabrication and painting is required.e.Attachments, labels, fasteners, mounting brackets, wiring, clips, transformers, disconnects, lamps, and other mechanisms required must be concealed from view. Light leaks are not permitted. f.All signage must be water-tight and comply with all code requirements regarding wiring and appropriate illumination equipment. All penetrations through exterior walls must be sealed. g.All permits are the responsibility of the Tenant. All signage must adhere to the City of Bozeman’s Unified Development Code (UDC) and obtain written approval from the GRB. h.Any light used for the illumination of a sign shall be shielded so the beams or rays of light will not shine directly onto surrounding areas. i.All sign structures shall be constructed of non-combustible materials. No combustible materials other than approved plastic shall be used in construction of electric signs.j.LED design is encouraged. 58 235 IV. Building Design Standards D. Building Signage 2.Signage Size and Quantity a. The Tenant’s storefront signage shall be proportional to the scale of the overall store facade design. To encourage design creativity, no maximum letter size has been established, however, the GRB will closely review all signage to confirm the proper facade design to signage relationship. b. The design of the signage must engage the appropriately scaled architectural facade elements which accent the signage. c. Decorative tertiary signage such as blade signs, signage on awnings, decorative icons, and small repetitive window signage that is designed and placed in a manner which further compliments the overall facade design image is encouraged but must be approved by the GRB. 3.Gateway Review Board (GRB) All Bozeman Gateway Tenant’s exterior signs are required to be approved at the concept stage, shop drawing stage, and prior to installation by the GRB. 59 236 IV. Building Design Standards D. Building Signage 4.Permitted Signage Types Halo Type Illuminated Signs (Reverse Channel Letters) a.The background surface for the sign is to be opaque and not reflect the illumination or image of the LED lamps within the letters.b.All illumination must be fully concealed within the letter to not be visible to the public. c.The rear edge of the letter shall be approximately 1” from the background surface. d.Standoff brackets and fasteners visible within the 1” dimension between the background surface. The back of the letter shall be painted to match the background surface. e.Raceways shall be provided to feed power to each letter of the sign. f.Preventative measures must be taken to avoid birds nesting in larger letter sizes. Non-Internally Illuminated Individual Letter Signs a.Included types are dimensional letters or graphics applied directly to the face of the storefront area with external illumination. Signage types include metal, acrylic or painted wood letters. b.Non dimensional letters or graphics less than 1/2” thick are generally discouraged. This signage may be allowed if it compliments the overall store facade design. Non-dimensional techniques include painting, silk- screening, pressure sensitive vinyl, metal applique, or glass etching.c.Signs shall not be placed on a background material which distracts from the appearance of the sign. d.Supplemental lighting must be provided for signage visibility. The supplemental lighting must be incorporated into the facade design either as a concealed fixture or as a design element.60 237 IV. Building Design Standards D. Building Signage Blade Signs a.Store facade blade signs are encouraged. They are required to have a decorative appearance which compliments the store facade design and enhances the Tenant’s store image.b.Blades signs shall not have an area of more that 8 square feet and 5 feet in width. Maximum thickness is 2 inches. c.All blade signs are encouraged to be externally lit. Internally lit signs will NOT be permitted. d.The criteria for Projecting Design Elements under the Building Exterior govern the location and projection of all blade signs. e.Decorative elements such as iron brackets or three-dimensional sculptural panels are encouraged to be used. Show Window Graphics and Lifestyle Images Window signs including business logos and names shall not be more than 25% of the area of the window and should adhere to the City of Bozeman’s UDC. A Halo-Type Illuminated Sign, a Blade Sign, and a Free-Standing Temporary Sign 61 Freestanding Signage Freestanding signage is permitted but shall be approved in writing by the GRB. Freestanding signage shall also adhere to the City of Bozeman’s Unified Development Code (UDC). Window Signs a.Adhesive window graphics shall be approved in writing by the GRB. b.Glass doors may display the address and hours of operation through use of high-quality materials. 238 IV. Building Design Standards D. Building Signage 5.Signage Not Permitted The following sign types will NOT be permitted: •Exposed or surface mounted box or cabinet type signs •Open face channel letters with exposed tube neon •Cloth, paper, cardboard, and other similar stickers or decals on or around the storefront surfaces •Moving, rotating, flashing, noise making or odor producing signs. •Signs which are not professional in appearance as determined by the GRB. •Changing message signs and changing time/temperature signs 62 Freestanding Temporary Signage Temporary signage to be placed on the sidewalk outside of the lease line during tenant hours of operation are encouraged but must be approved by the GRB. These signs must be located as to not impede traffic flow in and out of or past the store. 239 V.Review Procedures63 240 V. Review Procedures A. Conceptual Sketch Review The Tenant must submit information pertaining to the use, size, location, and character of its development. This could include multiple buildings, a single building, or a single space within a building. A schematic site plan showing building location, general landscape areas, service areas, pedestrian and vehicular circulation, site signage locations, and dumpster locations. The GRB’s review should normally take no more than 10 working days from the receipt of documents. 2. Conceptual Sketch Submission Document Approval The GRB shall review the sketch plan submission and return it to the Tenants marked “Approved” or “Disapproved“, as the case may be, with any appropriate review comments. The GRB may disapprove of any sketch plans, location, and style of improvements, exterior colors or finishes, or other specifications for any reason including purely aesthetic reasons, at the sole discretion of GRB. Once the Tenant has received Conceptual Sketch approval from the GRB, the Tenant must submit a Conceptual Review Application (CONR Form) to the City of Bozeman (COB) for their review. Conceptual review comments provided by the COB must be addressed and incorporated into the project prior to continued GRB review. 3. Conceptual Sketch Submission Document Requirements The minimum information required for the schematic design phase of the GRB’s review process is as follows: Site Plan if applicable a. Title, date, architect, Tenant, and sheet numberb. North Arrow c. Scale -Minimum 1”-30’ or larger d. Approximate building area e. General layout of the site showing the building location f.Location of building setbacks, property lines, easements, and other restrictions on the property 1.Conceptual Sketch Submission 64 241 V. Review Procedures A. Conceptual Sketch Review g. Location of sidewalks within the property and parking areas in accordance with the Master Plan Hardscape/Planting Plan if applicable a.Site plan must indicate areas to be landscaped. (Information may be shown on the “Architectural Site Plan” for this phase in lieu of a separate landscaping plan.)b.Plan at a scale of 1”-30’ or larger. c.North Arrow d.Date e.Architect and Tenant f.Project Nameg.Location of building(s), driveway(s), and curb cut(s), and parking, pedestrian, and service areas h.Location and types of hardscape pavement, materials, furniture, lighting, and other amenities Building Plans a. Project Name, Architect, Ground Lessee, Date and Sheet Number b. North Arrow c. Preliminary Floor Plan d. Building Data: Type and use, number of seats when applicable, building area (by use) e.All four building elevations in color with materials clearly designated (any available three-dimensional drawings) Building Signage a. Tenant shall be fully responsible for conforming to all applicable City ordinances.b. Elevation showing all dimensions, materials, colors, and method of illumination is required. 65 242 V. Review Procedures B. Project Review The Tenant must submit information pertaining to the use, size, location, and character of its development and incorporating the comments provided by the GRB and COB during the conceptual sketch plan review. This could include multiple buildings, a single building, or a single space within a building. A preliminary site plan showing building location, general landscape areas, service areas, pedestrian and vehicular circulation, site signage locations, dumpster locations, and all applicable setbacks and easements is required along with the above information. A color schematic elevation(s) showing building form, materials, colors, and signage shall also be provided. The GRB’s review should normally take no more than 15 working days from the receipt of documents. 1.Project Submission 2. Project Submission Document Approval The GRB shall review the project site plan Submission and return it to the Tenants marked “Approved” or “Disapproved“, as the case may be, with any appropriate review comments. The GRB may disapprove of any site plans, location, and style of improvements, exterior colors or finishes, or other specifications for any reason including purely aesthetic reasons, at the sole discretion of GRB. If found to be unacceptable to the GRB, one set of documents shall be returned to the Tenant marked “Disapproved”, accompanied by a written statement of items found not to be in compliance with these Guidelines or otherwise unacceptable. At such time as the documents have been revised to meet the approval of GRB, one completed set of Final Plans will be resubmitted to and retained by GRB and the other complete set of documents will be marked “Approved” and returned to the Tenant. 3. Project Submission Document Requirements The information required for the project site plan review process shall follow the COB Community Development Form SP (Site Plan Checklist). 66 243 V. Review Procedures B. Project Review 4. City of Bozeman Site Plan Review Upon approval by the GRB the Tenant shall submit to the City of Bozeman a Development Review Application (A1) for site plan review as in accordance with the City of Bozeman Uniform Development Code. An approval letter from the GRB shall be included with the submittal to the City of Bozeman. City comments shall be reviewed by the GRB prior to start of construction. In the event the GRB disagrees with the City comments, the GRB will meet with the Tenant and the City to resolve the issues. Construction may commence upon receipt of all necessary permits from the City of Bozeman, approval by the GRB, and the preconstruction conference. C. Construction Compliance Tenants shall submit a Certified Record Survey showing all above and below grade improvements. Improvements Verification The construction of the improvements shall be physically verified by a Representative of the GRB for conformance with the submission approved by the GRB. A Preconstruction Conference shall be required including the Tenant’s Representative, the Tenant’s Contractor, the Landlord’s representative and a representative from City of Bozeman shall be established by the Tenant. This conference shall occur no less than 2 weeks prior to commencement of construction, to ensure that each party understands the importance of adherence to the approved documents. 67 244 VI.AppendixI.Terms & Definitions A. Landlord -“Landlord” refers to the Declarant under the Declaration of Restrictions and Grant of Easements Bozeman Gateway, recorded November 9, 2006, Document No. 22447808, records of Gallatin County, Montana, as amended by the First Amendment (Document No. 2377360), and as may be further amended from time to time (“CC&Rs”). In this Development Manual, the terms “Developer”, “Landlord”, and “Owner” shall refer to the Declarant under the CC&Rs. B. GRB –Gateway Review Board, comprised of design professionals appointed by the Developer. The GRB will be the interpreter of the requirements of the Development Manual, and the GRB’s decision in matters relating to the same shall be final. C. Tenant –Inclusive of all property owners, ground lessees, tenants, and end-users within the Bozeman Gateway. 68 245 II.PUD Exhibits A. Master Site Plan 69 246 II.PUD Exhibits B. Phasing Plan 70 247 05-15-06II.PUD Exhibits C. Bridge Locations Main Entrance Bridge 71 248 II.PUD Exhibits D. PUD Bike Parking Locations 72 Phase 1 –To be constructed Summer/Fall of 2021 Phase 3 –To be constructed Late Summer/Fall of 2021, in conjunction with construction of Site Z.Phase 5 –To be constructed in conjunction with Phase 5 project construction 249 II.PUD Exhibits E. Bike Paths and Walkways 73 250 II.PUD Exhibits F. Block Frontages 74 251 II.PUD Exhibits G. Town Center Plaza Location 75 252 II.PUD Exhibits H. PUD Open Spaces 76 253 II.PUD Exhibits I. PUD Transit Stop Location 77 254 II.PUD Exhibits J. PUD Comprehensive Sign Plan 78 255 II.PUD Exhibits K. PUD Concrete and Asphalt Trails 79 256 II.PUD Exhibits L. Bozeman Gateway Core 80 257 II.PUD Exhibits M. Buildings Constructed Prior to UDC Adoption 81 258 A.Bench Standards PUD Site Benches should be purchased from Upbeat Site Furnishings. Site Benches should adhere to the following specifications, as well as those outlined on the subsequent page: •6’ Parkway Recycled Lumber Flat Bench (Item #FBW6R) •19 ½” H x 23 7/8” W x 72”L, 141 lbs •Cedar colored •Powder coated legs in black Actual PUD Site Bench III. PUD Standards 82 259 260 B.Bike Rack Standards PUD Bike Racks should be purchased from Dero Bike Racks. Bike racks should adhere to the following specifications, as well as those outlined in the subsequent 6 pages: •Hoop Rack –Surface Mount •1.5” Schedule, 40 pipe •Powder Coated –Gloss Black •35” H x 24” W x 6” D III. PUD Standards Actual PUD Bike Racks 83 261 262 263 264 265 266 267 C.Crosswalk Standards PUD Crosswalks should follow the specifications outlined in the subsequent 4 pages, as designed by Morrison-Maierle, Inc. III. PUD Standards Actual PUD Crosswalk 84 268 269 270 271 272 D. Landscape Rock Standards PUD Landscape Rock shall be 3”-minus or equal in the landscape plan. Actual PUD Landscape Rock III. PUD Standards 85 273 E. Parking Lot Lighting Standards PUD Parking Lot Lighting should be purchased through Valmont Structures and should adhere to the specifications as outlined in the subsequent 7 pages. III. PUD Standards Actual PUD Parking Lot LightsActual PUD Parking Lot Lights 86 274 275 276 277 278 279 280 281 E. Pedestrian Lighting Standards PUD Pedestrian Lighting should be purchased through a ∙ light and should adhere to the following specifications, as well as those outlined on the subsequent page. •Series X7 •Height –Nominal 3’ •Cantilever –Nominal 6’ •Output –LS LED Standard Output •LED CCT –4000K •Voltage –Universal 120V-277V •Optics –Clear Glass •Mounting –Square Base •Finish –Dark Bronze •Dimming –Standard 0-10 III. PUD Standards Concept PUD Pedestrian Lights (Manufacturers Image)87 282 light X7 | SPECIFICATION GUIDE 4.00” 4.00” SERIES HEIGHT CANTILEVER FINISH OUTPUT LED CCT DIMMING OPTIONS VOLTAGE OPTICS MOUNTING X7 X7 3 6 G 3 6 T BDBO_ 30 3540 D N U 3 G M SDR Nominal 3’Nominal 6” a•lightanium™ Satin BlackDark BronzeOther* 3000K 3500K4000K Standard 0-10 Dimming* New York City Code Universal 120V - 277V 347V Clear Glass Chamfered Base Square BaseDirect Burial* *Reduces above ground height up to 4” once backfilled *Specify RAL# ORDERING CODE X7 G 3 6 3728 Maritime Way | Oceanside, CA 92056 | 760.727.7675 | alights.com PERFORMANCE AT 4000K NOMINAL LUMEN OUTPUT 155 lm/ft 310 lm/ft 2.5 W/ft 5 W/ft 62 lm/W 62 lm/W INPUT WATTS EFFICACY OUTPUT Low Standard PROJECT INFO DATE TYPE QUANTITY LIGHT LOSS FACTORS OUTPUT LS LL - 50% 4000K 3500K - 97% 3000K - 93% 80+ CRI 90+ CRI - 80% LED CCT CRI BASELINE MOUNTING OPTIONS (M) | Chamfered Base (S) | Square Base (DR) | Direct Burial Wet Location Rated *Dimming to 1% stated for standard 0-10v dimming Custom tuned output available from 50% to 200% of standard output. Please consult factory for custom lumen output and wattage. LL LSC_ LED Low Output LED Standard OutputLED Custom Output* *Available from 25% to 125% of LED High Output Type E4 283 F. Wall Sconce Standards PUD Wall Sconces should be purchased through FC Lighting and should adhere to the following specifications, as well as those outlined in the subsequent 2 pages.•Series FCW1039 •Voltage –120V •Source/Temperature –LED 4000K •LED Lumens –700 Lumens •Finish –Bronze III. PUD Standards 88 284 Date:Approved: Type: Fixture: Project: Date:Approved: Type: Fixture: Project: FC Lighting, Inc. reserves the right to change details or specifications without notice. Product use certifies agreement to FC Lighting’s terms and conditions. © 2016 FC Lighting, Inc.3609 Swenson Ave., St. Charles, IL 60174 p. 800-900-1730 f. 630-889-8106 www.fclighting.com JO Rev. 1116 ORDERING EXAMPLE: FCW1039-277V-700-BK-LD SERIES VOLTAGE SOURCE/TEMPERATURE LED LUMENS FINISH ACCESSORIES FCW1039 120V LED 27K 700 Lumens @ direction (27W)BK Black D Dimming (PL 0-10V) 277V 3K 1000 Lumens @ direction (27W)BZ Bronze LD LED Dimming (0-10V) 35K CC Custom Color F Fuse 4K SL Silver BBU Battery Backup, Remote PL 18Q 2/18Q 26Q 2/26Q 32T WH White SPECIFICATION MOUNTING • Mounts directly to recessed junction box. CONSTRUCTION • Corrosion resistant, heavy walled, solid die cast aluminum construction. Semi-recessed die cast aluminum ballast compartment included. • Lens is heat resistant, clear, tempered glass or opaque white. Precision formed semi-specular aluminum for maximum reflectance. • Neoprene continuous closed cell urethane ‘O’ ring gasket to seal out contaminants. • Captive and recessed stainless steel, tamper resistant hex socket screws. LED • Lumens stated are the minimum lumens delivered out of the luminaire. LED lifetime is greater than or equal to 70,000 hours with the lumen depreciation greater than L70. All of our luminaires are tested to LM 80 with a minimum CRI of 80 and color consistency of step 4 MacAdam Ellipse. Integral power supply standard. Input voltage 120V or 277V. FINISH • Six stage chemical pre-treatment process that includes iron phosphate, to prepare the substrate for a UV stable, super durable standard polyester powder coat. ELECTRICAL • Socket PL: Four pin plug-in type compact fluorescent lamp holder (lamp by others). HID: G12 and G8.5 (20W MH only) for MH base porcelain socket. • Ballast PL: Fluorescent high power factor electronic, UL listed ballast standard. HID: Electronic ballast standard. Ballast has a manufacturer issued 5 year warranty. Electronic universal voltage 120V or 277V is standard. Please consult factory for other voltage options. LISTING • UL & cUL/ETL, U.S. and CA listed for wet locations. IP65 rating. FCW1039 Die-Cast Aluminum Interior / Exterior Up-Down Wall Light. Type E9 285 PHOTOMETRY DIMENSIONS PHOTOMETRY FCW1039 FC Lighting, Inc. reserves the right to change details or specifications without notice. Product use certifies agreement to FC Lighting’s terms and conditions. © 2015 FC Lighting, Inc.3609 Swenson Ave., St. Charles, IL 60174 p. 800-900-1730 f. 630-889-8106 www.fclighting.com ML Rev. 3153.5 in8.6 in 4.8 in286 G. Mailbox Standards PUD Mailboxes should be purchased through Florence Manufacturing Company and should adhere to the specifications as outlined in the subsequent 4 pages. Actual PUD Mailbox III. PUD Standards 89 287 288 289 290 291 H. Metal Bench Standards PUD Metal Benches should be purchased through Scarborough and should adhere to the specifications as outlined in the subsequent 6 pages. III. PUD Standards Actual PUD Site Bench Actual PUD Site Benches 90 292 293 294 295 296 297 298 I. Picnic Table Standards PUD Picnic Tables should be purchased through Landscape Forms and should adhere to the specifications as outlined in the subsequent 2 pages. III. PUD Standards Actual PUD Picnic Tables 91 299 300 301 J. Recycled Picnic Table Standards PUD Picnic Tables should be purchased through Ellie’s Eco Home Store and should adhere to the specifications as outlined in the subsequent 2 pages. III. PUD Standards Actual PUD Recycled Picnic Table 92 302 303 304 K. PUD Pylon Signage PUD Pylon Signs should adhere to the specifications as outlined in the subsequent 3 pages. III. PUD Standards Actual PUD Pylon Sign 93 305 306 307 308 L. Trash Receptacle PUD Trash Receptacles should be purchased through Sacrborough and should adhere to the specifications as outlined in the subsequent 2 pages. III. PUD Standards Actual PUD Trash Receptacle Actual PUD Trash Receptacle 94 309 310 311 M. Tree Grates/Guard StandardsPUD Tree Grates/Guards should be purchased through Ironsmith Tree Guards and should adhere to the specifications as outlined in the subsequent 3 pages. III. PUD Standards Actual PUD Tree Grate/Guard 95 312 313 314 315 IV. PUD Relaxations Approved Relaxations A list of Zoning relaxations granted by City Commission on December 12, 2005 (per published minutes) for The Bozeman Gateway Subdivision PUD are as follows: 18.18.050.A –Yards.Zero lot lines allowed by 18.38.060. 18.36.060.B –Duration of Final Plan Approval. Allow more time to complete the development than the 2 years from Final Plan Approval. 18.42.040.B –Block Length. To allow blocks to be longer than 400 feet.18.42.040.C –Block Width. To allow blocks to be wider than 400 feet. 18.42.100.B.3.c –Watercourse Setback. To allow encroachment in to 50-foot minimum setback along waterways. 18.42.100.B.4.b –Watercourse Setback. To allow required watercourse setback to not include adjacent wetlands.18.44.030.A.1 –Intersections. To relax requirements to allow streets to intersect at less than 90 degrees. 18.44.090.D.3 –Intersections. To allow average spacing of intersection on Fowler Avenue to be reduced from 660 feet to 420 feet. 18.42.150.D.1 –Parking Lot Lighting. To allow horizontal illuminance to be less than 0.1-foot candle. 18.44.080 –Sidewalks. To allow soft trails in place of concrete boulevard sidewalks along streets fronting open space/pedestrian corridors. 18.44.090 –Access. To relax the average spacing requirements for public streets.18.44.090.B.2 –Drive Access from Public Streets. To exclude the requirement for all lots to have 25-foot frontage on improved public or private street or alley. 18.46.020.D –Backing into Public Rights-of-Way. To allow diagonal parking along Technology Boulevard and Chronicle Lane (South 29th Avenue). 18.42.030.I –Access. To not have access for all subdivision lots from an improved public or private street or alley. 18.18.040 –B-2 Lot Widths. To allow newly-created lots zoned “B-2” with minimum lot width less than 100 feet. 96 316 IV. PUD Relaxations Additional Relaxations A list of Zoning relaxations to be granted by City Commission for The Bozeman Gateway Subdivision PUD are as follows: 97 38.210.010.C –DRB Review. From Conditional of approval #40 “That all site plan review applications within the subdivision will be subject to review by the Design Review Board.” 38.320.050. –Building Heights. From Condition of approval #42 “Building heights will be permitted not to exceed a height of sixty-five (65) feet based on the merits of a residential component for the planned unit development.” 38.320.050.7.b –Building Heights.From requiring a conditional use permit for additional 30% of height in a Regional Commercial area. 38.410.100.A.2.e.(3).(d) –Watercourse Setback.Allow concrete path within a watercourse setback. 317 V. PUD Setback Tables Phase 1 98 318 V. PUD Setback Tables Phase 2 99 319 V. PUD Setback Tables Phase 3 100 320 V. PUD Setback Tables Phase 4 101 321 V. PUD Setback Tables Phase 5 102 322 VI.PUD Parkland Tracking Table(Per City of Bozeman Parks Department) 103 323 VII. PUD Performance Points The City of Bozeman Uniform Development Code (UDC) states in Section 38.430.090.E.2.a.(7) that all PUDs earn at least 20 performance points. The Bozeman Gateway PUD meets the requirement through the use of open space and trail easements. The following is the performance point calculation: 104 324 VIII. PUD Landscape Plans A. Open Spaces 2 -5 105 325 VIII. PUD Landscape Plans A. Open Spaces 6 106326 VIII. PUD Landscape Plans A. Open Spaces 10 107 327 IX. PUD Modification Approvals All Modification Approvals received to date are contained in the subsequent pages. 108 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 X. PUD Typical Road Cross Sections 109 345 346 From:Gary Shanafelt To:Agenda Subject:Aviator project Date:Saturday, April 25, 2020 10:10:19 AM We would like to make a comment to the dept of community development in regards to the Aviator project as noted today in the newspaper today. We think it is wonderful to have the area where this project will take place developed, it will really look swell when it is all completed some day and will add a lot to our community if it is done right. We do think however that better consideration be given to the types and number oflighting allowed on the structures being built in this area and throughout our town. The new building just south of Rosauers has what seems like hundreds of lights onthe building as most shine both up and down and can be seen for miles, in ouropinion way too many. As time goes by and similar projects are approved our night sky will disappear and we will look like any other American shopping mall. Should the sign code be revisited also? A bad example of obnoxious signs would bethe huge "Market" sign out behind Side Winders that can be seen for miles away to the south and in vivid red to boot. Gary & Chris ShanafeltBozeman 347 1 Robin Crough From:Maria Nash <nashmaria@hotmail.com> Sent:Saturday, April 27, 2019 4:50 AM To:Agenda Subject:Dark Skies Attachments:20190427_030326.jpg; 20190427_023922.png Categories:Public Comment I live just South of Nash. Sadly, a builder from MA bought the lot next to us. It has a non state or country flag out front to draw attention, is taller than any of the other houses, and now, they have decided to light it up like the Taj Mahal. Why they moved to this quiet area to build their look at me house I do not know. But now all I can see at night is this guy's house lights. Is this what Bozeman is going to encourage Leverich Canyon to become? I look at that monstrosity next to Rosauers. One thing that I've learned watching Bozeman change over the past 30 years is that whether or not something is quote cool unquote as the girl said in the recent westslope controversy or whether it makes sense for the community tends to fall in favor of quote cool unquote. We are already destroying the nation's number two most fertile agricultural soil. Watch any building site, and you'll see mounds and mounds of rich black soil getting ready to go completely to waste. Why are we allowing our nightscape and Our Stars as well as the rest and peace of our community to be disrupted as well? Please consider making Bozeman a dark sky community. Maria K. Nash, PT, MSPT, OCS Movement Re-education Center Bozeman, MT 406 570 1848 Sent from my Verizon Wireless 4G LTE smartphone 348 1 Robin Crough From:Maria Nash <nashmaria@hotmail.com> Sent:Monday, April 29, 2019 3:36 PM To:Agenda Subject:RE: Images Attachments:20190427_205545.jpg; 20190427_023922.png Huh.wonder what's up with that... I guess truly the important part is that we are spending all this money to cut light polution, then having guys like this one putting up all this exterior lighting, well beyond security driven...born that place next to Rosauers... with I would guess about 40 exterior light. It destroys the nightscape, the stars, and peace of our quiet mountain living. If we are ever to get it under control, sooner is better. I support a dark sky initiative. Thank you, Maria Nash. Maria K. Nash, PT, MSPT, OCS Movement Re-education Center Bozeman, MT 406 570 1848 Sent from my Verizon Wireless 4G LTE smartphone -------- Original message -------- From: Agenda <agenda@BOZEMAN.NET> Date: 04/29/2019 2:27 PM (GMT-07:00) To: 'Maria Nash' <nashmaria@hotmail.com> Subject: RE: Images Hi Maria, Your two PDFs are corrupted and I’m not able to open them and include them. Please resend a different version, or let  me know if you’re fine with me sending this comment on with your other two images only. Thanks, Robin Robin Crough, MPA | City Clerk City of Bozeman | 121 N. Rouse Ave. | Bozeman, MT 59715  D: 406.582.2321 | C: 406.600.1057 349 2 www.bozeman.net           From: Maria Nash [mailto:nashmaria@hotmail.com]   Sent: Saturday, April 27, 2019 4:51 AM  To: Agenda <agenda@BOZEMAN.NET>  Subject: Images Maria K. Nash, PT, MSPT, OCS Movement Re-education Center Bozeman, MT 406 570 1848 Sent from my Verizon Wireless 4G LTE smartphone City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may  be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender  and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record  retention policies. Emails that contain confidential information such as information related to individual privacy may be  protected from disclosure under law. 350 351 352 353 From:Maria Nash To:Agenda Subject:External lighting Date:Monday, April 15, 2019 6:27:24 AM One of the things that makes Bozeman such a great place to live, is the night View and theStars. We have such a great night scape because of limited amounts of light pollution. When I look at businesses like the one next to Rosauers, I am appalled that we are so focused on beingtrendy and cool that were completely willing to sacrifice any efforts to continue to build in such a way that supports our beautiful view of the mountains during the day and are beautifulview of the stars at night. I'd like to request that we Implement some sort of regulation on external lighting. Living off of Nash Road, I know that I have one neighbor who's decided tocome in and light his house up like the Taj Mahal. Just that one house in our subdivision as it travels up toward leverich Canyon has completely mangled our night view. It's so frustratingto lay in bed and look outside and just see his house lit up like a torch instead of being able to lay there and look at Orion, which was my normal View. Certainly, there is also aconsideration of the environment as we are allowing places like this one next to Rosauers to consume who knows how much energy lighting that place up like that. It is unattractive,wasteful and does not contribute to Bozeman being the best place. Maria K. Nash, PT, MSPT, OCS Movement Re-education Center Bozeman, MT 406 570 1848 Sent from my Verizon Wireless 4G LTE smartphone 354 1 Sarah Rosenberg From:Martin Matsen Sent:Thursday, March 18, 2021 9:39 AM To:Sarah Rosenberg Subject:FW: Notice of Code Violation - Copper Harbor Lighting Attachments:Copper Harbor Light Info.pdf From: Martin Matsen Sent: Thursday, September 19, 2019 9:56 AM To: 'Kathleen' <kathleen@mdandi.com> Cc: 'Ted Mitchell' <ted@mdandi.com>; 'James (Jim) A. Ullman' <jullman@m-m.net>; 'Karen Mitchell' <karen@mdandi.com>; 'Joe Cobb' <josephcobb@gmail.com>; Danielle Garber <DGarber@BOZEMAN.NET> Subject: RE: Notice of Code Violation - Copper Harbor Lighting Kathy, Thanks for the reminder. I have attached the information I had with me at the last meeting. Let me know if you need anything additional. - Marty MARTY MATSEN, AICP Director | Community Development | City of Bozeman 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771 Office: 406.582.2262 | Mobile: 406.589.5480 | mmatsen@bozeman.net | www.bozeman.net ⌂ Planning ⌂ Building ⌂ Historic Preservation ⌂ Affordable Housing From: Kathleen <kathleen@mdandi.com> Sent: Monday, September 16, 2019 3:27 PM To: Martin Matsen <MMatsen@BOZEMAN.NET> Cc: 'Ted Mitchell' <ted@mdandi.com>; 'James (Jim) A. Ullman' <jullman@m-m.net>; 'Karen Mitchell' <karen@mdandi.com>; 'Joe Cobb' <josephcobb@gmail.com>; Danielle Garber <DGarber@BOZEMAN.NET> Subject: FW: Notice of Code Violation - Copper Harbor Lighting Hi Marty, Just following up to see if you received my email below. I hadn’t seen anything come through yet, so I wanted to make sure this didn’t get lost in the shuffle. Thanks! Kathy Brewer Bozeman Gateway Administrator 355 2 Mitchell Development & Investments 2880 Technology Blvd W, #195 Bozeman, MT 59718 Cell: (406) 531-5356 kathleen@mdandi.com From: Kathleen <kathleen@mdandi.com> Sent: Thursday, September 12, 2019 10:27 AM To: 'Martin Matsen' <MMatsen@BOZEMAN.NET> Cc: 'Ted Mitchell' <ted@mdandi.com>; 'James (Jim) A. Ullman' <jullman@m-m.net>; 'Karen Mitchell' <karen@mdandi.com>; 'Joe Cobb' <josephcobb@gmail.com>; 'Danielle Garber' <DGarber@BOZEMAN.NET> Subject: RE: Notice of Code Violation - Copper Harbor Lighting Hi Marty, I just wanted to follow up regarding our on-site meeting this morning. Firstly, I wanted to thank you for taking the time to come out and meet with us. It was very helpful. I also wanted to ask that you send over the photos and exhibits you showed us, illustrating the main issues that need to be addressed. We would like to have them for reference as we move forward on researching solutions. We will begin discussing and exploring potential solutions. I will circle back with you once we have gathered enough information to give you a timeframe for when we expect to have everything resolved. Thanks again, Kathy Brewer Bozeman Gateway Administrator Mitchell Development & Investments 2880 Technology Blvd W, #195 Bozeman, MT 59718 Cell: (406) 531-5356 kathleen@mdandi.com From: Martin Matsen <MMatsen@BOZEMAN.NET> Sent: Tuesday, September 3, 2019 2:06 PM To: 'Kathleen' <kathleen@mdandi.com> Cc: 'Ted Mitchell' <ted@mdandi.com>; 'James (Jim) A. Ullman' <jullman@m-m.net>; 'Karen Mitchell' <karen@mdandi.com>; 'Joe Cobb' <josephcobb@gmail.com>; Danielle Garber <DGarber@BOZEMAN.NET> Subject: RE: Notice of Code Violation - Copper Harbor Lighting Kathleen, Thank you for circling back on this as your earlier email got buried in my in box. The sections of the code we are struggling with on this one are the following: Sec. 38.570.040. - Site lighting. G.Miscellaneous site lighting specifications. Except as otherwise allowed in subsections E and G of this section, all lighting must comply with the following requirements: 3.Except for residential lighting, street lighting, pathway intersection lighting and security lighting, all lighting must be turned off between 11:00 p.m. and 6:00 a.m. Exceptions will be granted to those businesses which operate during these hours; such lighting may remain illuminated only while the establishment is actually open for business. 356 3 4.Vegetation screens may not serve as the primary means for controlling glare. Rather, glare control must be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. 5.All outdoor lighting must be designed and located such that the maximum illumination measured in footcandles at the property line may not exceed 0.3 onto adjacent residential properties and 1.0 onto adjacent commercial properties and public rights-of-way. As I mentioned in an earlier email I believe part of the cause of this is not just the wattage of the bulbs/ballasts but the reflection off the light colored exterior and the sheer number of lights. When we measured at the property line (see #5 above) our meters read 2.0 into adjacent properties. Granted our meter is a simple one and you may be able to provide better data. I agree that you need a path forward and I struggle to find a simple method of mitigation other than further reduction in the wattage. I am open to discussion but as I have mentioned I am getting complaints and need to enforce the code that is in place. Please reach out with ideas or questions. As soon as a solution is agreed upon we should be able to break the sign permit loose. Best Regards, - Marty MARTY MATSEN, AICP Director | Community Development | City of Bozeman 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771 Office: 406.582.2262 | Mobile: 406.589.5480 | mmatsen@bozeman.net | www.bozeman.net ⌂ Planning ⌂ Building ⌂ Historic Preservation ⌂ Affordable Housing - From: Kathleen <kathleen@mdandi.com> Sent: Tuesday, September 3, 2019 1:40 PM To: Martin Matsen <MMatsen@BOZEMAN.NET> Cc: 'Ted Mitchell' <ted@mdandi.com>; 'James (Jim) A. Ullman' <jullman@m-m.net>; 'Karen Mitchell' <karen@mdandi.com>; 'Joe Cobb' <josephcobb@gmail.com>; Danielle Garber <DGarber@BOZEMAN.NET> Subject: FW: Notice of Code Violation - Copper Harbor Lighting Importance: High Hi Marty, I wanted to reach out to you again regarding the notice of code violation we received on Copper Harbor. I spoke with DCI Engineers this morning and they informed me that their sign permit is still being held because of this outstanding violation. I was a little surprised to hear this, considering I hadn’t heard anything back since my last email to you on August 5th. I also haven’t received any other correspondences from the City on this. 357 4 If you would please let me know where we stand on this issue as soon as possible, I would greatly appreciate it. If our lighting is still being considered as in violation of code, this would be good to know…so we can address if further. I would also appreciate it if you could answer the few questions I had outlined in my prior email to you (copied again here): Could you provide some clarification on how the lights are being measured? The initial letter we received stated that the “maximum illumination on any vertical surface or angular roof surface may not exceed 5.0 average maintained footcandles”, which is what we based our modifications off of. In your last email I noticed you stated that the light output was being measured at the property line. I’m a little uncertain now of how we should be approaching remedying this issue. For the sake of our understanding, could you clarify the following for us: - Where are the light measurements being taken from (property line, façade, etc.)? - What equipment is being used to take the measurements? - What is the acceptable brightness in terms of footcandles? Thank you for your prompt attention in this matter. Kathy Brewer Bozeman Gateway Administrator Mitchell Development & Investments 2880 Technology Blvd W, #195 Bozeman, MT 59718 Cell: (406) 531-5356 kathleen@mdandi.com From: Kathleen <kathleen@mdandi.com> Sent: Monday, August 5, 2019 11:18 AM To: 'Martin Matsen' <MMatsen@BOZEMAN.NET> Cc: 'Ted Mitchell' <ted@mdandi.com>; 'Karen Mitchell' <karen@mdandi.com>; 'Joe Cobb' <Josephcobb@gmail.com>; 'Jim Ullman' <jullman@m-m.net>; 'Danielle Garber' <DGarber@BOZEMAN.NET> Subject: RE: Notice of Code Violation - Copper Harbor Lighting Hi Marty, I appreciate you taking into consideration the color of the exterior; we have realized throughout the readings we have done that this does make an impact on how bright the lights appear. I can verify that the work has been completed…Please see the attached analysis showing what the lights were before the ballasts were changed, and what they are now. Could you provide some clarification on how the lights are being measured? The initial letter we received stated that the “maximum illumination on any vertical surface or angular roof surface may not exceed 5.0 average maintained footcandles”, which is what we based our modifications off of. In your last email I noticed you stated that the light output was being measured at the property line. I’m a little uncertain now of how we should be approaching remedying this issue. For the sake of our understanding, could you clarify the following for us: - Where are the light measurements being taken from (property line, façade, etc.)? - What equipment is being used to take the measurements? - What is the acceptable brightness in terms of footcandles? 358 5 Thanks Kathy Brewer Bozeman Gateway Administrator Mitchell Development & Investments 2880 Technology Blvd W, #195 Bozeman, MT 59718 Cell: (406) 531-5356 kathleen@mdandi.com From: Martin Matsen <MMatsen@BOZEMAN.NET> Sent: Wednesday, July 31, 2019 2:17 PM To: 'Kathleen' <kathleen@mdandi.com> Cc: 'Ted Mitchell' <ted@mdandi.com>; 'Karen Mitchell' <karen@mdandi.com>; 'Joe Cobb' <Josephcobb@gmail.com>; 'Jim Ullman' <jullman@m-m.net>; Danielle Garber <DGarber@BOZEMAN.NET> Subject: RE: Notice of Code Violation - Copper Harbor Lighting Kathleen, Thanks for getting back to me so quickly. Danielle is drafting a letter with specifics and code language but in the interest of time I wanted to let you know that our Code Compliance Officer has just this week measured the light output at the property line and the lights are too bright to meet code. Please verify that the work was done and if there are any other options to reduce the output. I am fielding a lot of complaints on this and I need to provide some answers as to what is being done. I am sure that the color of the exterior is some of what makes this building appear so well lit but the public is demanding to know why I am allowing this. Thanks for any help you can provide to resolve this issue. Best Regards – Marty MARTY MATSEN, AICP Director | Community Development | City of Bozeman 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771 Office: 406.582.2262 | Mobile: 406.589.5480 | mmatsen@bozeman.net | www.bozeman.net ⌂ Planning ⌂ Building ⌂ Historic Preservation ⌂ Affordable Housing From: Kathleen <kathleen@mdandi.com> Sent: Wednesday, July 31, 2019 10:14 AM To: Martin Matsen <MMatsen@BOZEMAN.NET> Cc: 'Ted Mitchell' <ted@mdandi.com>; 'Karen Mitchell' <karen@mdandi.com>; 'Joe Cobb' <Josephcobb@gmail.com>; 'Jim Ullman' <jullman@m-m.net>; Danielle Garber <DGarber@BOZEMAN.NET> Subject: RE: Notice of Code Violation - Copper Harbor Lighting Hi Marty, That’s strange. We replaced all the ballasts on the exterior lights so that we could reduce the lumens. I had been informed that the work was completed. We would be happy to meet with a city inspector over at Copper Harbor 359 6 sometime to look at the lights together if you’d like. Please let me know if that would be workable and if so, what days/times might work to meet. Thanks Kathy Brewer Bozeman Gateway Administrator Mitchell Development & Investments 2880 Technology Blvd W, #195 Bozeman, MT 59718 Cell: (406) 531-5356 kathleen@mdandi.com From: Martin Matsen <MMatsen@BOZEMAN.NET> Sent: Tuesday, July 30, 2019 1:52 PM To: 'Kathleen' <kathleen@mdandi.com> Cc: 'Ted Mitchell' <ted@mdandi.com>; 'Karen Mitchell' <karen@mdandi.com>; 'Joe Cobb' <Josephcobb@gmail.com>; 'Jim Ullman' <jullman@m-m.net>; Danielle Garber <DGarber@BOZEMAN.NET> Subject: RE: Notice of Code Violation - Copper Harbor Lighting Hi Kathleen, Our inspector has visited the site and using photos that were taken prior to the issuance of the violation he cannot see any visual difference in the light fixtures. Could you please let me know how the lights were brought into compliance? Thanks so much. - Marty MARTY MATSEN, AICP Director | Community Development | City of Bozeman 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771 Office: 406.582.2262 | Mobile: 406.589.5480 | mmatsen@bozeman.net | www.bozeman.net ⌂ Planning ⌂ Building ⌂ Historic Preservation ⌂ Affordable Housing From: Kathleen <kathleen@mdandi.com> Sent: Monday, July 1, 2019 2:07 PM To: Martin Matsen <MMatsen@BOZEMAN.NET> Cc: 'Ted Mitchell' <ted@mdandi.com>; 'Karen Mitchell' <karen@mdandi.com>; 'Joe Cobb' <Josephcobb@gmail.com>; 'Jim Ullman' <jullman@m-m.net> Subject: Notice of Code Violation - Copper Harbor Lighting Mr. Matsen, Attached please find Mitchell Development Group’s response to the Notice of Code Violation dated April 16th, 2019, for the property located at 1040 & 1060 S. Fowler Ave. We appreciate your attention in this matter. Please let me know if you have any questions or need any additional information. 360 7 Regards, Kathy Brewer Bozeman Gateway Administrator Mitchell Development & Investments 2880 Technology Blvd W, #195 Bozeman, MT 59718 Cell: (406) 531-5356 kathleen@mdandi.com City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. 361 Light spill notaccounted for inphotometric plan.Cornices not effectiveshielding for full cutoffcompliance.Light spill notaccounted for inphotometripplanysrm ^M\^ y < ?t^^^w^^-1.',-WftIsS.s*-£:-/*m?nimlmi™,w'it)Mnncn>t•.fflirrft>i^,(iriru^ik*(Lf0iM^S^gm^sx^^'fcS-;^.'-.:-S&s•s^362 9/5/2019Sec. 38.570.040. - Site lighting.A. Parking lot lighting.Bozeman, MT Code of OrdinancesTable 38.570.040-1Basic1Security2Minimum horizontal illuminance in maintained footcandles0.20.5Minimum vertical illuminance in maintained footcandlesUniformity ratio, maximum: minimum0.120:010.2515:00Source: Parking Lot Lighting, Illuminating Engineering Society of North America, 1998.1 Basic lighting provides for the safety of customers and employees during business hours, and for the securityofon-site, outside storage of goods and/or materials.2 Security lighting provides for the safety of employees during nonbusiness hours, and for the security of on-site,outside storage of goods and/or materials.B. Building entrances. Illuminance for building entrances (including commercial, industrial, institutional andmunicipal) must average 5.0 maintained footcandles.C. Car dealership lighting.Table 38.570.040-2AreaMaximum Illuminance on Pavement (in MaintainedFootcandles)Uniformity RatioMaximum: minimumMain business districtsAdjacent toroadway10—205:01Other rows5—1010:01Entrances5—105:01Drive aisles2—310:01Secondary business districts1/4363 9/5/2019Adjacent toroadwayOther rowsEntrancesDrive aislesBozeman, MT Code of Ordinances5—102.5—52.5—55:0110:015:011—210:01Source: Lighting for Exterior Environments, Illuminating Engineering Society of North America, 1998.D. Service station or gas pump area lighting.Table 38.570.040-3Area DescriptionAverage Illuminance on Described Area (inMaintained Footcandles)Approach with dark surroundingsDriveway with dark surroundingsPump island area with dark surroundingsBuilding facades with dark surroundingsService areas with dark surroundingsLandscape highlights with dark surroundingsApproach with light surroundingsDriveway with light surroundingsPump island area with light surroundingsBuilding fagades with light surroundingsService areas with light surroundingsLandscape highlights with light surroundings1.51.5522122103322/4364 9/5/2019 Bozeman, MT Code of OrdinancesSource: Lighting for Exterior Environments, Illuminating Engineering Society of North America, 1998.E. Site lighting support structures. The ballasts; pole type, strength and anchor bolts; and pole foundation mustbe appropriate for the proposed lighting and must be installed per the manufacturer's recommendations.Height must be measured from grade. Except as allowed in sections 38.570.050 and 38.570.070 of thisdivision, light poles for parking lot lighting may not exceed 25 feet.F. Site lighting installation and maintenance.1. For new installations, electrical feeds for fixtures mounted on poles must be run underground, notoverhead.2. Poles supporting lighting fixtures for the illumination of parking areas and located directly behindparking spaces must be placed a minimum of five feet outside the paved area or on concrete pedestals atleast 30 inches high above the pavement, or suitably protected by other approved means.3. Lighting fixtures and ancillary equipment must be maintained so as always to meet the requirements ofthis section.G. Miscellaneous site lighting specifications. Except as otherwise allowed in subsections E and G of this section,all lighting must comply with the following requirements:1. All outdoor lighting, whether or not required by this section, must be aimed, located, designed, fitted andmaintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safelytraverse and so as not to create a nuisance by projecting or reflecting objectionable light onto aneighboring use or property.2. All outdoor lighting fixtures must be shielded in such a manner that no light is emitted above a horizontalplane passing through the lowest point of the light emitting element, so that direct light emitted abovethe horizontal plane is eliminated.3. Except for residential lighting, street lighting, pathway intersection lighting and security lighting, alllighting must be turned off between 11:00 p.m. and 6:00 a.m. Exceptions will be granted to thosebusinesses which operate during these hours; such lighting may remain illuminated only while theestablishment is actually open for business.4. Vegetation screens may not serve as the primary means for controlling glare. Rather, glare control mustbe achieved primarily through the use of such means as cutoff fixtures, shields and baffles, andappropriate application affixture mounting height, wattage, aiming angle and fixture placement.5. All outdoor lighting must be designed and located such that the maximum illumination measured infootcandles at the property line may not exceed 0.3 onto adjacent residential properties and 1 .0 ontoadjacent commercial properties and public rights-of-way.6. Externally illuminated wall-mounted and pole signs must be lighted by fixtures mounted at the top of thesign and aimed downward; ground-mounted sign lighting may be used only for monument style signs.Fixtures used to illuminate signs must be aimed so as not to project their output beyond the sign.7. Floodlights, spotlights or any other similar lighting may not be used to illuminate buildings or other sitefeatures unless approved as an integral architectural element on the development plan. On-site lightingmay be used to accent architectural elements but not to illuminate entire portions of buildings. Whereaccent lighting is used, the maximum illumination on any vertical surface or angular roof surface may notexceed 5.0 average maintained footcandles. Building facade and accent lighting will not be approvedunless the light fixtures are carefully selected, located, aimed and shielded so that light is directed onlyonto the building facade and spillover light is eliminated.3/4365 9/5/2019 Bozeman, MT Code of Ordinances(1) Directional fixtures used to illuminate flagpoles (state, United States and/or foreign nations) maybeyond the flagpole.8. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or useintermittent electrical pulsation are prohibited.9. Translucent awnings and canopies used for building accents over doors, windows, etc., may not beinternally lit (i.e., from underneath or behind).10. Searchlights, laser source lights or any similar high-intensity light are not permitted, except inemergencies by police and fire personnel or at their direction, for meteorological data gatheringpurposes, or for special events if a permit is obtained from the review authority.4/4366 0(T)^(5;®©w1;\\s\&.o 5.u t.o ti.tt2^.i'-tS.ii l.c t.ot.1.. I/":••\<,)!l>,,.S;.,t..^,;1^^5^JiS.* b.i1.1,1-i-i^. 4.1 6.<y^-t:,.,,:.^'\h>*'-t^jte^., 1./'•.^%i.,..."^•^^•...^..—t.. i.. t.. >.. »^TK>.,,,(^1,,,^^,l.3 S,t l.i 6,-. 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S.B"sw\1.5^B-^»-JiL^-l.C<s.;fc.*s;^ l^jL^ii^-t^.i.sE.sti.il i.o S.c l.c i '- la.\U.ts*,l^.t\l.l t.l l.1 E.2fot.- S.i t.i I.;l.2 l.2 S;l.3^.,b. ^(,0i.2 l.2S.2l-y^.» Ii.i l.» t.il.i b.2 6.]l.3 S.2 l.1i.o I.s S.i 6t.3 l.2l.an-s.» o-> 1,1 il.i t.i E.]0.11.; ^.1 l.1i.a Il.0b.3 l.1t7<~'t>.< 0.1 lI&.O t.I 1.1 t.1b.i l.i l.iLa l.3 t.atj.l 6.3\l>\1•J^T^Eost Elevation - 40% OutputSCALE; 1/ft' ° I' -0"367 1 Sarah Rosenberg From:Martin Matsen Sent:Thursday, March 18, 2021 9:39 AM To:Sarah Rosenberg Subject:FW: Notice of Code Violation - Copper Harbor Lighting Attachments:Copper Harbor Light Info.pdf From: Martin Matsen Sent: Thursday, September 19, 2019 9:56 AM To: 'Kathleen' <kathleen@mdandi.com> Cc: 'Ted Mitchell' <ted@mdandi.com>; 'James (Jim) A. Ullman' <jullman@m-m.net>; 'Karen Mitchell' <karen@mdandi.com>; 'Joe Cobb' <josephcobb@gmail.com>; Danielle Garber <DGarber@BOZEMAN.NET> Subject: RE: Notice of Code Violation - Copper Harbor Lighting Kathy, Thanks for the reminder. I have attached the information I had with me at the last meeting. Let me know if you need anything additional. - Marty MARTY MATSEN, AICP Director | Community Development | City of Bozeman 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771 Office: 406.582.2262 | Mobile: 406.589.5480 | mmatsen@bozeman.net | www.bozeman.net ⌂ Planning ⌂ Building ⌂ Historic Preservation ⌂ Affordable Housing From: Kathleen <kathleen@mdandi.com> Sent: Monday, September 16, 2019 3:27 PM To: Martin Matsen <MMatsen@BOZEMAN.NET> Cc: 'Ted Mitchell' <ted@mdandi.com>; 'James (Jim) A. Ullman' <jullman@m-m.net>; 'Karen Mitchell' <karen@mdandi.com>; 'Joe Cobb' <josephcobb@gmail.com>; Danielle Garber <DGarber@BOZEMAN.NET> Subject: FW: Notice of Code Violation - Copper Harbor Lighting Hi Marty, Just following up to see if you received my email below. I hadn’t seen anything come through yet, so I wanted to make sure this didn’t get lost in the shuffle. Thanks! Kathy Brewer Bozeman Gateway Administrator 368 2 Mitchell Development & Investments 2880 Technology Blvd W, #195 Bozeman, MT 59718 Cell: (406) 531-5356 kathleen@mdandi.com From: Kathleen <kathleen@mdandi.com> Sent: Thursday, September 12, 2019 10:27 AM To: 'Martin Matsen' <MMatsen@BOZEMAN.NET> Cc: 'Ted Mitchell' <ted@mdandi.com>; 'James (Jim) A. Ullman' <jullman@m-m.net>; 'Karen Mitchell' <karen@mdandi.com>; 'Joe Cobb' <josephcobb@gmail.com>; 'Danielle Garber' <DGarber@BOZEMAN.NET> Subject: RE: Notice of Code Violation - Copper Harbor Lighting Hi Marty, I just wanted to follow up regarding our on-site meeting this morning. Firstly, I wanted to thank you for taking the time to come out and meet with us. It was very helpful. I also wanted to ask that you send over the photos and exhibits you showed us, illustrating the main issues that need to be addressed. We would like to have them for reference as we move forward on researching solutions. We will begin discussing and exploring potential solutions. I will circle back with you once we have gathered enough information to give you a timeframe for when we expect to have everything resolved. Thanks again, Kathy Brewer Bozeman Gateway Administrator Mitchell Development & Investments 2880 Technology Blvd W, #195 Bozeman, MT 59718 Cell: (406) 531-5356 kathleen@mdandi.com From: Martin Matsen <MMatsen@BOZEMAN.NET> Sent: Tuesday, September 3, 2019 2:06 PM To: 'Kathleen' <kathleen@mdandi.com> Cc: 'Ted Mitchell' <ted@mdandi.com>; 'James (Jim) A. Ullman' <jullman@m-m.net>; 'Karen Mitchell' <karen@mdandi.com>; 'Joe Cobb' <josephcobb@gmail.com>; Danielle Garber <DGarber@BOZEMAN.NET> Subject: RE: Notice of Code Violation - Copper Harbor Lighting Kathleen, Thank you for circling back on this as your earlier email got buried in my in box. The sections of the code we are struggling with on this one are the following: Sec. 38.570.040. - Site lighting. G.Miscellaneous site lighting specifications. Except as otherwise allowed in subsections E and G of this section, all lighting must comply with the following requirements: 3.Except for residential lighting, street lighting, pathway intersection lighting and security lighting, all lighting must be turned off between 11:00 p.m. and 6:00 a.m. Exceptions will be granted to those businesses which operate during these hours; such lighting may remain illuminated only while the establishment is actually open for business. 369 3 4.Vegetation screens may not serve as the primary means for controlling glare. Rather, glare control must be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. 5.All outdoor lighting must be designed and located such that the maximum illumination measured in footcandles at the property line may not exceed 0.3 onto adjacent residential properties and 1.0 onto adjacent commercial properties and public rights-of-way. As I mentioned in an earlier email I believe part of the cause of this is not just the wattage of the bulbs/ballasts but the reflection off the light colored exterior and the sheer number of lights. When we measured at the property line (see #5 above) our meters read 2.0 into adjacent properties. Granted our meter is a simple one and you may be able to provide better data. I agree that you need a path forward and I struggle to find a simple method of mitigation other than further reduction in the wattage. I am open to discussion but as I have mentioned I am getting complaints and need to enforce the code that is in place. Please reach out with ideas or questions. As soon as a solution is agreed upon we should be able to break the sign permit loose. Best Regards, - Marty MARTY MATSEN, AICP Director | Community Development | City of Bozeman 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771 Office: 406.582.2262 | Mobile: 406.589.5480 | mmatsen@bozeman.net | www.bozeman.net ⌂ Planning ⌂ Building ⌂ Historic Preservation ⌂ Affordable Housing - From: Kathleen <kathleen@mdandi.com> Sent: Tuesday, September 3, 2019 1:40 PM To: Martin Matsen <MMatsen@BOZEMAN.NET> Cc: 'Ted Mitchell' <ted@mdandi.com>; 'James (Jim) A. Ullman' <jullman@m-m.net>; 'Karen Mitchell' <karen@mdandi.com>; 'Joe Cobb' <josephcobb@gmail.com>; Danielle Garber <DGarber@BOZEMAN.NET> Subject: FW: Notice of Code Violation - Copper Harbor Lighting Importance: High Hi Marty, I wanted to reach out to you again regarding the notice of code violation we received on Copper Harbor. I spoke with DCI Engineers this morning and they informed me that their sign permit is still being held because of this outstanding violation. I was a little surprised to hear this, considering I hadn’t heard anything back since my last email to you on August 5th. I also haven’t received any other correspondences from the City on this. 370 4 If you would please let me know where we stand on this issue as soon as possible, I would greatly appreciate it. If our lighting is still being considered as in violation of code, this would be good to know…so we can address if further. I would also appreciate it if you could answer the few questions I had outlined in my prior email to you (copied again here): Could you provide some clarification on how the lights are being measured? The initial letter we received stated that the “maximum illumination on any vertical surface or angular roof surface may not exceed 5.0 average maintained footcandles”, which is what we based our modifications off of. In your last email I noticed you stated that the light output was being measured at the property line. I’m a little uncertain now of how we should be approaching remedying this issue. For the sake of our understanding, could you clarify the following for us: - Where are the light measurements being taken from (property line, façade, etc.)? - What equipment is being used to take the measurements? - What is the acceptable brightness in terms of footcandles? Thank you for your prompt attention in this matter. Kathy Brewer Bozeman Gateway Administrator Mitchell Development & Investments 2880 Technology Blvd W, #195 Bozeman, MT 59718 Cell: (406) 531-5356 kathleen@mdandi.com From: Kathleen <kathleen@mdandi.com> Sent: Monday, August 5, 2019 11:18 AM To: 'Martin Matsen' <MMatsen@BOZEMAN.NET> Cc: 'Ted Mitchell' <ted@mdandi.com>; 'Karen Mitchell' <karen@mdandi.com>; 'Joe Cobb' <Josephcobb@gmail.com>; 'Jim Ullman' <jullman@m-m.net>; 'Danielle Garber' <DGarber@BOZEMAN.NET> Subject: RE: Notice of Code Violation - Copper Harbor Lighting Hi Marty, I appreciate you taking into consideration the color of the exterior; we have realized throughout the readings we have done that this does make an impact on how bright the lights appear. I can verify that the work has been completed…Please see the attached analysis showing what the lights were before the ballasts were changed, and what they are now. Could you provide some clarification on how the lights are being measured? The initial letter we received stated that the “maximum illumination on any vertical surface or angular roof surface may not exceed 5.0 average maintained footcandles”, which is what we based our modifications off of. In your last email I noticed you stated that the light output was being measured at the property line. I’m a little uncertain now of how we should be approaching remedying this issue. For the sake of our understanding, could you clarify the following for us: - Where are the light measurements being taken from (property line, façade, etc.)? - What equipment is being used to take the measurements? - What is the acceptable brightness in terms of footcandles? 371 5 Thanks Kathy Brewer Bozeman Gateway Administrator Mitchell Development & Investments 2880 Technology Blvd W, #195 Bozeman, MT 59718 Cell: (406) 531-5356 kathleen@mdandi.com From: Martin Matsen <MMatsen@BOZEMAN.NET> Sent: Wednesday, July 31, 2019 2:17 PM To: 'Kathleen' <kathleen@mdandi.com> Cc: 'Ted Mitchell' <ted@mdandi.com>; 'Karen Mitchell' <karen@mdandi.com>; 'Joe Cobb' <Josephcobb@gmail.com>; 'Jim Ullman' <jullman@m-m.net>; Danielle Garber <DGarber@BOZEMAN.NET> Subject: RE: Notice of Code Violation - Copper Harbor Lighting Kathleen, Thanks for getting back to me so quickly. Danielle is drafting a letter with specifics and code language but in the interest of time I wanted to let you know that our Code Compliance Officer has just this week measured the light output at the property line and the lights are too bright to meet code. Please verify that the work was done and if there are any other options to reduce the output. I am fielding a lot of complaints on this and I need to provide some answers as to what is being done. I am sure that the color of the exterior is some of what makes this building appear so well lit but the public is demanding to know why I am allowing this. Thanks for any help you can provide to resolve this issue. Best Regards – Marty MARTY MATSEN, AICP Director | Community Development | City of Bozeman 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771 Office: 406.582.2262 | Mobile: 406.589.5480 | mmatsen@bozeman.net | www.bozeman.net ⌂ Planning ⌂ Building ⌂ Historic Preservation ⌂ Affordable Housing From: Kathleen <kathleen@mdandi.com> Sent: Wednesday, July 31, 2019 10:14 AM To: Martin Matsen <MMatsen@BOZEMAN.NET> Cc: 'Ted Mitchell' <ted@mdandi.com>; 'Karen Mitchell' <karen@mdandi.com>; 'Joe Cobb' <Josephcobb@gmail.com>; 'Jim Ullman' <jullman@m-m.net>; Danielle Garber <DGarber@BOZEMAN.NET> Subject: RE: Notice of Code Violation - Copper Harbor Lighting Hi Marty, That’s strange. We replaced all the ballasts on the exterior lights so that we could reduce the lumens. I had been informed that the work was completed. We would be happy to meet with a city inspector over at Copper Harbor 372 6 sometime to look at the lights together if you’d like. Please let me know if that would be workable and if so, what days/times might work to meet. Thanks Kathy Brewer Bozeman Gateway Administrator Mitchell Development & Investments 2880 Technology Blvd W, #195 Bozeman, MT 59718 Cell: (406) 531-5356 kathleen@mdandi.com From: Martin Matsen <MMatsen@BOZEMAN.NET> Sent: Tuesday, July 30, 2019 1:52 PM To: 'Kathleen' <kathleen@mdandi.com> Cc: 'Ted Mitchell' <ted@mdandi.com>; 'Karen Mitchell' <karen@mdandi.com>; 'Joe Cobb' <Josephcobb@gmail.com>; 'Jim Ullman' <jullman@m-m.net>; Danielle Garber <DGarber@BOZEMAN.NET> Subject: RE: Notice of Code Violation - Copper Harbor Lighting Hi Kathleen, Our inspector has visited the site and using photos that were taken prior to the issuance of the violation he cannot see any visual difference in the light fixtures. Could you please let me know how the lights were brought into compliance? Thanks so much. - Marty MARTY MATSEN, AICP Director | Community Development | City of Bozeman 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771 Office: 406.582.2262 | Mobile: 406.589.5480 | mmatsen@bozeman.net | www.bozeman.net ⌂ Planning ⌂ Building ⌂ Historic Preservation ⌂ Affordable Housing From: Kathleen <kathleen@mdandi.com> Sent: Monday, July 1, 2019 2:07 PM To: Martin Matsen <MMatsen@BOZEMAN.NET> Cc: 'Ted Mitchell' <ted@mdandi.com>; 'Karen Mitchell' <karen@mdandi.com>; 'Joe Cobb' <Josephcobb@gmail.com>; 'Jim Ullman' <jullman@m-m.net> Subject: Notice of Code Violation - Copper Harbor Lighting Mr. Matsen, Attached please find Mitchell Development Group’s response to the Notice of Code Violation dated April 16th, 2019, for the property located at 1040 & 1060 S. Fowler Ave. We appreciate your attention in this matter. Please let me know if you have any questions or need any additional information. 373 7 Regards, Kathy Brewer Bozeman Gateway Administrator Mitchell Development & Investments 2880 Technology Blvd W, #195 Bozeman, MT 59718 Cell: (406) 531-5356 kathleen@mdandi.com City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. 374 Light spill notaccounted for inphotometric plan.Cornices not effectiveshielding for full cutoffcompliance.Light spill notaccounted for inphotometripplanysrm ^M\^ y < ?t^^^w^^-1.',-WftIsS.s*-£:-/*m?nimlmi™,w'it)Mnncn>t•.fflirrft>i^,(iriru^ik*(Lf0iM^S^gm^sx^^'fcS-;^.'-.:-S&s•s^375 9/5/2019Sec. 38.570.040. - Site lighting.A. Parking lot lighting.Bozeman, MT Code of OrdinancesTable 38.570.040-1Basic1Security2Minimum horizontal illuminance in maintained footcandles0.20.5Minimum vertical illuminance in maintained footcandlesUniformity ratio, maximum: minimum0.120:010.2515:00Source: Parking Lot Lighting, Illuminating Engineering Society of North America, 1998.1 Basic lighting provides for the safety of customers and employees during business hours, and for the securityofon-site, outside storage of goods and/or materials.2 Security lighting provides for the safety of employees during nonbusiness hours, and for the security of on-site,outside storage of goods and/or materials.B. Building entrances. Illuminance for building entrances (including commercial, industrial, institutional andmunicipal) must average 5.0 maintained footcandles.C. Car dealership lighting.Table 38.570.040-2AreaMaximum Illuminance on Pavement (in MaintainedFootcandles)Uniformity RatioMaximum: minimumMain business districtsAdjacent toroadway10—205:01Other rows5—1010:01Entrances5—105:01Drive aisles2—310:01Secondary business districts1/4376 9/5/2019Adjacent toroadwayOther rowsEntrancesDrive aislesBozeman, MT Code of Ordinances5—102.5—52.5—55:0110:015:011—210:01Source: Lighting for Exterior Environments, Illuminating Engineering Society of North America, 1998.D. Service station or gas pump area lighting.Table 38.570.040-3Area DescriptionAverage Illuminance on Described Area (inMaintained Footcandles)Approach with dark surroundingsDriveway with dark surroundingsPump island area with dark surroundingsBuilding facades with dark surroundingsService areas with dark surroundingsLandscape highlights with dark surroundingsApproach with light surroundingsDriveway with light surroundingsPump island area with light surroundingsBuilding fagades with light surroundingsService areas with light surroundingsLandscape highlights with light surroundings1.51.5522122103322/4377 9/5/2019 Bozeman, MT Code of OrdinancesSource: Lighting for Exterior Environments, Illuminating Engineering Society of North America, 1998.E. Site lighting support structures. The ballasts; pole type, strength and anchor bolts; and pole foundation mustbe appropriate for the proposed lighting and must be installed per the manufacturer's recommendations.Height must be measured from grade. Except as allowed in sections 38.570.050 and 38.570.070 of thisdivision, light poles for parking lot lighting may not exceed 25 feet.F. Site lighting installation and maintenance.1. For new installations, electrical feeds for fixtures mounted on poles must be run underground, notoverhead.2. Poles supporting lighting fixtures for the illumination of parking areas and located directly behindparking spaces must be placed a minimum of five feet outside the paved area or on concrete pedestals atleast 30 inches high above the pavement, or suitably protected by other approved means.3. Lighting fixtures and ancillary equipment must be maintained so as always to meet the requirements ofthis section.G. Miscellaneous site lighting specifications. Except as otherwise allowed in subsections E and G of this section,all lighting must comply with the following requirements:1. All outdoor lighting, whether or not required by this section, must be aimed, located, designed, fitted andmaintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safelytraverse and so as not to create a nuisance by projecting or reflecting objectionable light onto aneighboring use or property.2. All outdoor lighting fixtures must be shielded in such a manner that no light is emitted above a horizontalplane passing through the lowest point of the light emitting element, so that direct light emitted abovethe horizontal plane is eliminated.3. Except for residential lighting, street lighting, pathway intersection lighting and security lighting, alllighting must be turned off between 11:00 p.m. and 6:00 a.m. Exceptions will be granted to thosebusinesses which operate during these hours; such lighting may remain illuminated only while theestablishment is actually open for business.4. Vegetation screens may not serve as the primary means for controlling glare. Rather, glare control mustbe achieved primarily through the use of such means as cutoff fixtures, shields and baffles, andappropriate application affixture mounting height, wattage, aiming angle and fixture placement.5. All outdoor lighting must be designed and located such that the maximum illumination measured infootcandles at the property line may not exceed 0.3 onto adjacent residential properties and 1 .0 ontoadjacent commercial properties and public rights-of-way.6. Externally illuminated wall-mounted and pole signs must be lighted by fixtures mounted at the top of thesign and aimed downward; ground-mounted sign lighting may be used only for monument style signs.Fixtures used to illuminate signs must be aimed so as not to project their output beyond the sign.7. Floodlights, spotlights or any other similar lighting may not be used to illuminate buildings or other sitefeatures unless approved as an integral architectural element on the development plan. On-site lightingmay be used to accent architectural elements but not to illuminate entire portions of buildings. Whereaccent lighting is used, the maximum illumination on any vertical surface or angular roof surface may notexceed 5.0 average maintained footcandles. Building facade and accent lighting will not be approvedunless the light fixtures are carefully selected, located, aimed and shielded so that light is directed onlyonto the building facade and spillover light is eliminated.3/4378 9/5/2019 Bozeman, MT Code of Ordinances(1) Directional fixtures used to illuminate flagpoles (state, United States and/or foreign nations) maybeyond the flagpole.8. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or useintermittent electrical pulsation are prohibited.9. Translucent awnings and canopies used for building accents over doors, windows, etc., may not beinternally lit (i.e., from underneath or behind).10. Searchlights, laser source lights or any similar high-intensity light are not permitted, except inemergencies by police and fire personnel or at their direction, for meteorological data gatheringpurposes, or for special events if a permit is obtained from the review authority.4/4379 0(T)^(5;®©w1;\\s\&.o 5.u t.o ti.tt2^.i'-tS.ii l.c t.ot.1.. I/":••\<,)!l>,,.S;.,t..^,;1^^5^JiS.* b.i1.1,1-i-i^. 4.1 6.<y^-t:,.,,:.^'\h>*'-t^jte^., 1./'•.^%i.,..."^•^^•...^..—t.. i.. t.. >.. »^TK>.,,,(^1,,,^^,l.3 S,t l.i 6,-. 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S.B"sw\1.5^B-^»-JiL^-l.C<s.;fc.*s;^ l^jL^ii^-t^.i.sE.sti.il i.o S.c l.c i '- la.\U.ts*,l^.t\l.l t.l l.1 E.2fot.- S.i t.i I.;l.2 l.2 S;l.3^.,b. ^(,0i.2 l.2S.2l-y^.» Ii.i l.» t.il.i b.2 6.]l.3 S.2 l.1i.o I.s S.i 6t.3 l.2l.an-s.» o-> 1,1 il.i t.i E.]0.11.; ^.1 l.1i.a Il.0b.3 l.1t7<~'t>.< 0.1 lI&.O t.I 1.1 t.1b.i l.i l.iLa l.3 t.atj.l 6.3\l>\1•J^T^Eost Elevation - 40% OutputSCALE; 1/ft' ° I' -0"380 381 From:Gary Shanafelt To:Agenda Subject:Aviator project Date:Saturday, April 25, 2020 10:10:19 AM We would like to make a comment to the dept of community development in regards to the Aviator project as noted today in the newspaper today. We think it is wonderful to have the area where this project will take place developed, it will really look swell when it is all completed some day and will add a lot to our community if it is done right. We do think however that better consideration be given to the types and number oflighting allowed on the structures being built in this area and throughout our town. The new building just south of Rosauers has what seems like hundreds of lights onthe building as most shine both up and down and can be seen for miles, in ouropinion way too many. As time goes by and similar projects are approved our night sky will disappear and we will look like any other American shopping mall. Should the sign code be revisited also? A bad example of obnoxious signs would bethe huge "Market" sign out behind Side Winders that can be seen for miles away to the south and in vivid red to boot. Gary & Chris ShanafeltBozeman 382 1 Robin Crough From:Maria Nash <nashmaria@hotmail.com> Sent:Saturday, April 27, 2019 4:50 AM To:Agenda Subject:Dark Skies Attachments:20190427_030326.jpg; 20190427_023922.png Categories:Public Comment I live just South of Nash. Sadly, a builder from MA bought the lot next to us. It has a non state or country flag out front to draw attention, is taller than any of the other houses, and now, they have decided to light it up like the Taj Mahal. Why they moved to this quiet area to build their look at me house I do not know. But now all I can see at night is this guy's house lights. Is this what Bozeman is going to encourage Leverich Canyon to become? I look at that monstrosity next to Rosauers. One thing that I've learned watching Bozeman change over the past 30 years is that whether or not something is quote cool unquote as the girl said in the recent westslope controversy or whether it makes sense for the community tends to fall in favor of quote cool unquote. We are already destroying the nation's number two most fertile agricultural soil. Watch any building site, and you'll see mounds and mounds of rich black soil getting ready to go completely to waste. Why are we allowing our nightscape and Our Stars as well as the rest and peace of our community to be disrupted as well? Please consider making Bozeman a dark sky community. Maria K. Nash, PT, MSPT, OCS Movement Re-education Center Bozeman, MT 406 570 1848 Sent from my Verizon Wireless 4G LTE smartphone 383 1 Robin Crough From:Maria Nash <nashmaria@hotmail.com> Sent:Monday, April 29, 2019 3:36 PM To:Agenda Subject:RE: Images Attachments:20190427_205545.jpg; 20190427_023922.png Huh.wonder what's up with that... I guess truly the important part is that we are spending all this money to cut light polution, then having guys like this one putting up all this exterior lighting, well beyond security driven...born that place next to Rosauers... with I would guess about 40 exterior light. It destroys the nightscape, the stars, and peace of our quiet mountain living. If we are ever to get it under control, sooner is better. I support a dark sky initiative. Thank you, Maria Nash. Maria K. Nash, PT, MSPT, OCS Movement Re-education Center Bozeman, MT 406 570 1848 Sent from my Verizon Wireless 4G LTE smartphone -------- Original message -------- From: Agenda <agenda@BOZEMAN.NET> Date: 04/29/2019 2:27 PM (GMT-07:00) To: 'Maria Nash' <nashmaria@hotmail.com> Subject: RE: Images Hi Maria, Your two PDFs are corrupted and I’m not able to open them and include them. Please resend a different version, or let  me know if you’re fine with me sending this comment on with your other two images only. Thanks, Robin Robin Crough, MPA | City Clerk City of Bozeman | 121 N. Rouse Ave. | Bozeman, MT 59715  D: 406.582.2321 | C: 406.600.1057 384 2 www.bozeman.net           From: Maria Nash [mailto:nashmaria@hotmail.com]   Sent: Saturday, April 27, 2019 4:51 AM  To: Agenda <agenda@BOZEMAN.NET>  Subject: Images Maria K. Nash, PT, MSPT, OCS Movement Re-education Center Bozeman, MT 406 570 1848 Sent from my Verizon Wireless 4G LTE smartphone City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may  be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender  and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record  retention policies. Emails that contain confidential information such as information related to individual privacy may be  protected from disclosure under law. 385 386 387 388 From:Maria Nash To:Agenda Subject:External lighting Date:Monday, April 15, 2019 6:27:24 AM One of the things that makes Bozeman such a great place to live, is the night View and theStars. We have such a great night scape because of limited amounts of light pollution. When I look at businesses like the one next to Rosauers, I am appalled that we are so focused on beingtrendy and cool that were completely willing to sacrifice any efforts to continue to build in such a way that supports our beautiful view of the mountains during the day and are beautifulview of the stars at night. I'd like to request that we Implement some sort of regulation on external lighting. Living off of Nash Road, I know that I have one neighbor who's decided tocome in and light his house up like the Taj Mahal. Just that one house in our subdivision as it travels up toward leverich Canyon has completely mangled our night view. It's so frustratingto lay in bed and look outside and just see his house lit up like a torch instead of being able to lay there and look at Orion, which was my normal View. Certainly, there is also aconsideration of the environment as we are allowing places like this one next to Rosauers to consume who knows how much energy lighting that place up like that. It is unattractive,wasteful and does not contribute to Bozeman being the best place. Maria K. Nash, PT, MSPT, OCS Movement Re-education Center Bozeman, MT 406 570 1848 Sent from my Verizon Wireless 4G LTE smartphone 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 1 Sarah Rosenberg From:Mary Linhoff <marylinhoff@yahoo.com> Sent:Wednesday, March 24, 2021 1:29 PM To:Sarah Rosenberg Subject:re request for relaxed lighting restrictions CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. My concerns are Over-lighting the night from this development. This does not improve visibility or increases nighttime safety, utility, security, or ambiance. To increase lighting would only benefit the developer’s pockets. 1.Glare – Consider safety- drivers’ and pedestrian imposing a distraction. 2.Light Clutter Lets be sensitive to maintaining Bozeman’s natural beauty. That has a healing effect on us all. 3.Over illumination This is urban sky glow and will occur with excessive light being used to bring attention to this development. Because it is seeking attention 4. Light Trespass I do not want commercial light entering my private property by building lights or street lamps. 5.Urban sky Glow lets set the pace of development with respect to why many of us moved here. Let’s maintain sense of place in a natural environment. A little light directed down would be great, but we over use it. Consider this from the IYA2009 Cornerstone Project, a collaboration between the International Astronomical Union, UNESCO and the US National Optical Astronomy Observatory: Light pollution wastes money and energy. Billions of dollars are spent on unnecessary lighting every year in the United States alone, with an estimated $1.7 billion going directly into the nighttime sky via unshielded outdoor lights. Wasted lighting in the US releases 38 million tons of carbon dioxide into the atmosphere annually; unshielded outdoor lights are directly responsible for 1.2 million tons of carbon dioxide waste. Simply reducing and removing unnecessary lighting saves money and energy, often at 404 2 minimal expense. Over-lighting the night neither improves visibility nor increases nighttime safety, utility, security, or ambiance. Thank you, Mary Linhoff 405 1 Sarah Rosenberg From:ranko busskohl <rbusskohl@yahoo.com> Sent:Wednesday, March 24, 2021 1:49 PM To:Sarah Rosenberg Subject:Commercial lights- relaxation of restrictions on new brew pub development CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I live here because Bozeman is unique and beautiful. I live across from this new development and simply do not want bright building lights into my condo. That will not benefit my family's home but distract from my peaceful living space. Thank you Ranko 406 1 Sarah Rosenberg From:mtl <tocolorpastel@yahoo.com> Sent:Wednesday, March 24, 2021 2:00 PM To:Sarah Rosenberg Subject:relaxation of Building height of new development by Rousauers CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I do not want taller buildings on Bozeman's main street. I request that building development height be contained in respect for our beautiful town. Why should we think of only a commercial developer's greed. Who builds and than is gone. Generations will be impacted. Consider the small town look of buildings across the street. Please develop our town in a way that fit's with the neighborhood. A tall hotel will have a negative visual impact not fit in. Thank You Therese 407 20051 City Commission Staff Report for Bozeman Gateway PUD Major Modification Page 1 of 32 20051 City Commission Staff Report for the Bozeman Gateway PUD Major Modification Date: Design Review Board, March 24, 2021, at 5:30 pm via WebEx. City Commission, April 13, 2021, at 6:00pm via WebEx. Project Description: A major modification to the Bozeman Gateway PUD, originally approved in 2006. The modifications include eliminating conflicts within the Bozeman Gateway PUD Development Manual (Development Manual) based on previous modifications that have been approved over time, simplifying and clarifying sections of the Development Manual to comply with the current Unified Development Code, and to request four additional relaxations. The property is zoned B-2. Project Location: Bozeman Gateway PUD Subdivision, S14, T02S, R05 E, Gallatin County, Bozeman, Montana Recommendation: Approval with conditions and code requirements. 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 20051 and move to recommend approval of relaxation numbers 1, 2, and 3 and denial of relaxation number 4 of the modification to the Bozeman Gateway Planned Unit Development application, subject to conditions and all applicable code provisions.” Report Date: March 31, 2021 Staff Contact: Sarah Rosenberg, AICP, Associate Planner EXECUTIVE SUMMARY Unresolved Issues There are four relaxation requests affiliated with this modification. The Development Review Committee (DRC) does not support the relaxation request to allow for site and building lighting to have a maximum LED color temperature of 4000K. This development has had past violations regarding building lighting, which contributed to staff’s and the DRB’s recommendation to deny the relaxation request as outlined in the staff analysis below. Relaxation number 4 is analyzed separately in section 6 of this staff report which recommends denial of the relaxation request. 408 20051 DRB Staff Report for Bozeman Gateway PUD Major Modification Page 2 of 32 Project Summary The property owner and applicant applied to modify the Bozeman Gateway Planned Unit Development (PUD). Located on Huffine Lane at the southwest corner of College Street, the 72-acre mixed-use development has evolved over time to provide a variety of different uses within it that include retail, restaurants, and offices. In total, there are five different phases within the development. Three of the five phases have undergone the subdivision process and are continuing to be developed. Phase four and five require further subdivision in order to be developed. These preliminary plat applications are currently in review. Proposed future development in these phases include a town center, a residential component, and hospitality uses. Since its inception, there have been numerous modifications to the development including changes to lighting fixtures, parking, allowable uses, signage, materials, setbacks, open space, pad sites, and parkland. Per Bozeman Municipal Code (BMC) 38.430.040.A.3(d), amendments to the final PUD can be reviewed as minor changes or major changes. This application includes major changes that require the review to follow the same PUD review and public notice process required for the approval of preliminary plans. The major changes to this plan include the following additional relaxations to the overall development: 1. BMC 38.210.010.C. DRB Review. Request to remove the requirement for any project within the Bozeman Gateway PUD to be reviewed by the Design Review Board (DRB) as outlined in the original adoption of the Bozeman Gateway PUD (Z-05217), condition of approval number 40. 2. BMC 38.310.040.C. Residential in the B-2 zone district. Request to allow ground floor residential in a B-2 zone district as a principal use. 3. BMC 38.320.050. Building Height in the B-2 zone district. Request to replace the 65 foot height allowance from the original Bozeman Gateway PUD (Z-05217), condition of approval number 42, and to allow a building height of 85.8 feet or maximum height as allowed by the underlying zone district, as the allowable height through the development, whichever is greater. 4. BMC 38.570. – Lighting. Request to allow site and building lighting to have a maximum LED color temperature of 4000K, rather than 3000K as allowed by code. This application also includes some general cleanup of the Development Manual such as eliminating conflicts based on past approved modifications, simplifying and clarifying sections of the Development Manual to comply with the current Unified Development Code, and providing additional exhibits in the appendices. 409 20051 DRB Staff Report for Bozeman Gateway PUD Major Modification Page 3 of 32 The subject property’s Future Land Use Designation was recently changed through the adoption of the Bozeman Community Plan 2020 from Community Commercial Mixed Use to Regional Commercial and Services. The property is zoned B-2. The criteria for granting a PUD are found in BMC 38.430.090. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic existing zoning standards as required in BMC 38.20.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the city. Applicants can request relaxations from code requirements in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the applicant. The applicant asserts that the overall outcome of this proposal is superior to what would be obtained from the application of the default B-2 district. The DRC finds that as the development has advanced, there are components of the lighting that do not show a superior outcome. The DRC has reviewed the application. Based on its evaluation of the application against the criteria, the DRC found the application sufficient for continued review containing detailed documentation necessary for review. The DRB is reviewed the application on March 24, 2021. The Design Review Board (DRB) is the design review advisory body to the City Commission on this application and must make a recommendation to the City Commission. After deliberation, the DRB recommended approval 3-1 of relaxations 1-3 on the application. The City Commission will review this application on April 13, 2021. Alternatives 1. Recommend approval of the application with the recommended conditions and report findings; 2. Recommend approval of the application with modifications to the recommended conditions and modifications to the report findings; 3. Recommend denial of the application based on the Design Review Board’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the review on the application with the concurrence of the applicant, with specific direction to staff or the applicant to supply additional information or to address specific items. 410 20051 DRB Staff Report for Bozeman Gateway PUD Major Modification Page 4 of 32 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES .................................................................................................... 5 SECTION 2 - REQUESTED RELAXATIONS ..................................................................... 10 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 10 SECTION 4 – REQUIRED CODE PROVISIONS ................................................................ 12 SECTION 5 - STAFF ANALYSIS AND FINDINGS ........................................................... 13 IN SUPPORT OF RELAXATIONS 1-3 ................................................................................ 13 SECTION 6 - STAFF ANALYSIS AND FINDINGS RECOMMENDING DENIAL OF RELAXATION NUMBER 4. ................................................................................................. 24 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY................................ 31 APPENDIX B – OWNER INFORMATION AND REVIEWING STAFF ........................... 31 ATTACHMENTS ................................................................................................................... 32 411 20051 DRB Staff Report for Bozeman Gateway PUD Major Modification Page 5 of 32 SECTION 1 - MAP SERIES Zoning classification 412 20051 DRB Staff Report for Bozeman Gateway PUD Major Modification Page 6 of 32 Current Land Use Map 413 20051 DRB Staff Report for Bozeman Gateway PUD Major Modification Page 7 of 32 Future Land Use Map 414 20051 City Commission Staff Report for Bozeman Gateway PUD Major Modification Page 8 of 32 415 20051 DRB Staff Report for Bozeman Gateway PUD Major Modification Page 9 of 32 416 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 10 of 32 SECTION 2 - REQUESTED RELAXATIONS 1. BMC 38.210.010.C. DRB Review. Request to remove the requirement for any project within the Bozeman Gateway PUD to be reviewed by the DRB as outlined in the original adoption of the Bozeman Gateway PUD (Z-05217), condition of approval number 40. 2. BMC 38.310.040.C. Residential in the B-2 zone district. Request to allow ground floor residential in a B-2 zone district as a principal use. 3. BMC 38.320.050. Building Height in the B-2 zone district. Request to replace the 65 foot height allowance from the original Bozeman Gateway PUD (Z- 05217), condition of approval number 42, and to allow a building height of 85.8 feet or maximum height as allowed by the underlying zone district, as the allowable height through the development, whichever is greater. 4. BMC 38.570. – Lighting. Request to allow site and building lighting to have a maximum LED color temperature of 4000K, rather than 3000K as allowed by code. The relaxations may be granted with a PUD. Only Relaxation 3 affects a relaxation that was previously approved through the PUD process. The applicant does not otherwise seek to make any changes to previously approved relaxations. The criteria for granting PUD relaxations are included in BMC 38.430.030.A.4.c. Staff has reviewed the criteria and supports requested relaxations 1-3. Staff finds that the criteria are not met with relaxation 4 to allow site and building lighting to have a color temperature of 4000K. See below for the staff analysis and findings for justification of its decision to recommend denial of relaxation 4 in Section 6. SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 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 BMC or state law. 2. BMC 38.430.040.A.3. The final planned unit development plan must be submitted, reviewed, and approved prior to the approval of any subsequent site plan. 3. The requested relaxations to the following sections are granted as proposed in the application materials and must be reflected in the final PUD plan, design guidelines, and associated property owners’ association (POA) documents as approved: a) BMC 38.210.010.C. DRB Review. Request to remove the requirement for any project within the Bozeman Gateway PUD to be reviewed by the Design 417 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 11 of 32 Review Board as outlined in the original adoption of the Bozeman Gateway PUD (Z-05217), condition of approval number 40. b) BMC 38.310.040.C. Residential in the B-2 zone district. Allow ground floor residential in a B-2 zone district as a principal use. c) BMC 38.320.050. Building Height in the B-2 zone district. Request to remove the 65 foot height allowance from the original Bozeman Gateway PUD (Z-05217), condition of approval number 42 and to allow for a building height of 85.8 feet or maximum height as allowed by the underlying zone district, as the allowable height through the development, whichever is greater. 4. All lighting that references the allowance for 4000K in the Development Manual must be adjusted to 3000K. 5. The following addresses new issues and must be added to the Bozeman Gateway Development Manual Site Lighting section: a) All wall mounted light fixtures must be downlit only; no uplighting is allowed. b) Entrance lighting may not exceed a height of twelve feet or one story, whatever is less. c) Any lighting above the first floor not required by the Building Code is prohibited. Any building mounted lighting cannot illuminate more than 15% of the façade. Each façade is calculated separately. d) Lighting of expansive wall planes, towers, roofs, or the use of architectural lighting that results in reflective glare or lighting concentrations in excess of 5 footcandles, or lighting that illuminates the majority of the wall plane is prohibited. No lighting can be used to visually break up large building masses at night. 6. The following must be adjusted in the Bozeman Gateway Development Manual, page 56: a) Wall mounted lighting must be downlit. Entrances can be highlighted but must not be mounted above a height of 12 feet or one story, whichever is less. b) Light fixtures must be appropriately shielded to prevent glare and must meet IESNA “full-cutoff” criteria (no light output emitted above 90 degrees at any lateral angle around the fixture). c) Light spread from fixtures illuminating elements of the facade must not significantly spill over onto neighboring facades. d) All ballasts and conduit must be concealed e) Recessed can fixtures in soffits may be used. 418 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 12 of 32 f) Permanent strings of light bulbs with less than 4 watts per bulb are permitted for use in lighting outdoor spaces. g) Lighting must comply with all local lighting codes. h) The following exterior lighting shall be used: i. Color temperature (LED and metal halide) cannot exceed 3000K or what is allowed by the BMC, whichever is more restrictive. ii. Lumens cannot exceed 800 lumens, or what is allowed by the BMC, whichever is more restrictive. iii. Volts cannot exceed 120V or what is allowed by the BMC, whichever is more restrictive. iv. Watts cannot exceed 60W or what is allowed by the BMC, whichever is more restrictive. 7. Prior to occupancy, all buildings require a photometric light study to be submitted to the City of Bozeman and certification from the lighting designer that the lighting is installed in conformance with the approved plans. 8. No property may be removed from the PUD or POA covenants without written approval of the City of Bozeman. 9. The City of Bozeman has relied upon the overall design and design standards required as part of the PUD application. The design and design standards may not be altered without consent of the City. SECTION 4 – REQUIRED CODE PROVISIONS 1. BMC 38.220.300 and 310. The POA documents must include the requirements of Section 38.220.300 and 320. The proposed documents must be finalized and recorded with the PUD final plan. 2. BMC 38.430.040.A.3 outlines the review and approval process for the PUD final plan. The final plan must be in compliance with the approved preliminary plan and development guidelines. Upon approval or conditional approval of a preliminary plan and the completion of any conditions imposed in connection with that approval, an application for final plan approval may be submitted. For approval to be granted, the final plan must comply with the approved preliminary plan. The final plan must not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and the final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. The final plan may be approved if it conforms to the approved preliminary plan in the manner described above. Prior to final plan approval, the review authority may request a recommendation from the DRB, DRC, ADR staff, or other entity regarding any part of a proposed final plan. 419 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 13 of 32 SECTION 5 - STAFF ANALYSIS AND FINDINGS IN SUPPORT OF RELAXATIONS 1-3 Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. Major modifications to a PUD must follow the same PUD review as required for approval of the preliminary plan. In order to meet the criterion needed for a PUD, it must be demonstrated that it has a character superior to that produced by the existing standards. The analysis in this section is the summary of the completed review and support of relaxations 1-3. A. Applicable Plan Review Criteria, Section 38.230.100, BMC The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not in any way create a waiver or other relaxation of the lawful requirements of the BMC or State law. In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy The future land use designation is Regional Commercial and Services. “Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. Development within this category needs well-integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready-access within and adjacent to development. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one-to two-mile separation.” The Bozeman Gateway PUD was changed to this designation with the update to the future land use map in the 2020 Community Plan and conforms to this designation. The goals of the Community Plan are separated by each relaxation that is part of the major modification outlined below. 420 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 14 of 32 Relaxation 1: BMC 38.210.010.C. DRB Review. Request to remove the requirement for any project within the Bozeman Gateway PUD to be reviewed by the Design Review Board as outlined in the original adoption of the Bozeman Gateway PUD (Z-05217), condition of approval number 40. This criteria is not applicable to this relaxation request because the adopted growth plan doesn’t address whether projects should go to the DRB. Relaxation 2: BMC 38.310.040.C. Residential in the B-2 zone district. Allow ground floor residential in the B-2 zone district as a principal use. Goal DCD-2.7: Encourage the location of higher density housing and public transit routes in proximity to one another. The relaxation is supported by this goal. When the Bozeman Gateway PUD was adopted, the City Commission imposed a condition that required the development had to have a residential component of at least 70 units. Phase 4 of the development is expected to have two apartment buildings and residential use along the “Main Street” of the Town Center. Allowing for higher density housing nearby a slew of amenities that have already been developed and will continue to develop will assist in supporting concentrated development that uses land more efficiently, promotes walkability, and improves accessibility as this area is serviced by public transit. Although the regional and commercial land use designation states that residential spaces should be located above the ground floor, the majority of the development is commercial use, therefore it is still consistent with this goal. Relaxation 3: BMC 38.320.050. Building Height in the B-2 zone district. Request to remove the 65 foot height allowance from the original Bozeman Gateway PUD (Z- 05217), condition of approval number 42 and to allow for a building height of 85.8 feet or maximum height as allowed by the underlying zone district, as the allowable height through the development, whichever is greater. Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. When a property is designated as Regional Commercial and Services under the future land use map, the maximum height may be increased by up to a maximum of 50%, which in this case is 66 feet. Currently, the Bozeman Gateway PUD has a relaxation in place through its initial PUD approval that allows for a maximum building height of 65 feet. At that time, provisions of the BMC limited the maximum building height in the development to 44 feet. Now that the development is within 421 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 15 of 32 the Regional Commercial and Services zone, the code allows a maximum building height of 66 feet and there is no need for the previous relaxation allowance. Any development with the commercial zone districts can request an additional 30% increase to building height through a conditional use permit, which allows for a maximum building height of 85.8 feet. A conditional use permit is required to be reviewed by the City Commission. This relaxation, if granted, allows any building within the Bozeman Gateway PUD to be built to 85.8 feet or, if the maximum height of its zoning district changes again in the future, the maximum height as allowed by the zone district. The development is bordered by land owned by Montana State University (MSU) to the west and south. MSU’s Long Range Plan shows the university expects to expand development to that area. The annexed MSU property is presently zoned as PLI which does not have a maximum height limit. For an area that is defined to have regional services and that is surrounded by university property, allowing for higher intensity development through greater maximum building height supports the Community Plan. 2. Conformance to chapter 2, including the cessation of any current violations Relaxation 1: BMC 38.210.010.C. DRB Review. Request to remove the requirement for any project within the Bozeman Gateway PUD to be reviewed by the Design Review Board as outlined in the original adoption of the Bozeman Gateway PUD (Z-05217), condition of approval number 40. This criteria is not applicable to this relaxation request because there are no violations related to DRB review. Relaxation 2: BMC 38.310.040.C. Residential in the B-2 zone district. Allow ground floor residential in the B-2 zone district as a principal use. This criteria is not applicable to this relaxation request because there are no violations related to the use of residential. Relaxation 3: BMC 38.320.050. Building Height in the B-2 zone district. Request to remove the 65 foot height allowance from the original Bozeman Gateway PUD (Z- 05217), condition of approval number 42 and to allow for a building height of 85.8 feet or maximum height as allowed by the underlying zone district, as the allowable height through the development, whichever is greater. This criteria is not applicable to this relaxation request because there are no violations related to building height in the development. 422 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 16 of 32 3. Conformance with all other applicable laws, ordinances, and regulations. Relaxation 1: BMC 38.210.010.C. DRB Review. Request to remove the requirement for any project within the Bozeman Gateway PUD to be reviewed by the Design Review Board as outlined in the original adoption of the Bozeman Gateway PUD (Z-05217), condition of approval number 40. The request to remove the requirement for any project within the Bozeman Gateway PUD to be reviewed by the DRB is supported by the DRC. The standards of the UDC have evolved to provide more clarity on the design of a project. Any development within the Bozeman Gateway that meets the threshold for review by the DRB per 38.230.040 will require DRB review. The criteria is met because the development of the design manual as well as the adopted standards of Article 5 meet the purposes of DRB review. Relaxation 2: BMC 38.310.040.C. Residential in the B-2 zone district. Allow ground floor residential in the B-2 zone district as a principal use. Conformance will be verified with each individual site review. Relaxation 3: BMC 38.320.050. Building Height in the B-2 zone district. Request to remove the 65 foot height allowance from the original Bozeman Gateway PUD (Z- 05217), condition of approval number 42 and to allow for a building height of 85.8 feet or maximum height as allowed by the underlying zone district, as the allowable height through the development, whichever is greater. Conformance will be verified with each individual site plan review. 4. Conformance with special review criteria for applicable permit type as specified in article 2. A PUD is reviewed using a conditional use permit per section 38.310.040. The analysis for this permit type connects to 38.230.110.E, which are the special review criteria for a conditional use permit. Staff is in support of relaxations 1-3 because they conform to all of the criteria that is outlined within the analysis of the staff report. 5. Conformance with the zoning provisions of article 3, including permitted uses, form and intensity standards and requirements, applicable supplemental use criteria, and wireless facilities and/or affordable housing provisions if applicable. Relaxation 1: BMC 38.210.010.C. DRB Review. Request to remove the requirement for any project within the Bozeman Gateway PUD to be reviewed by the Design Review 423 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 17 of 32 Board as outlined in the original adoption of the Bozeman Gateway PUD (Z-05217), condition of approval number 40. This criteria is not applicable to this relaxation because DRB review is not examined in article 3. Relaxation 2: BMC 38.310.040.C. Residential in the B-2 zone district. Allow ground floor residential in the B-2 zone district as a principal use. Residential uses on the ground floor in the B-2 zone district can be granted by the City Commission through a conditional use permit. If the relaxation to allow for ground floor residential is approved, the development will conform to the B-2 zoning provisions. As a PUD is reviewed as a conditional use permit the intent of the standard has been met. Relaxation 3: BMC 38.320.050. Building Height in the B-2 zone district. Request to remove the 65 foot height allowance from the original Bozeman Gateway PUD (Z- 05217), condition of approval number 42 and to allow for a building height of 85.8 feet or maximum height as allowed by the underlying zone district, as the allowable height through the development, whichever is greater. If the relaxation to allow for a building height of 85.8 feet or the maximum height allowed in the underlying zone district is granted, the development will conform to the B-2 zoning provisions. 6. Conformance with the community design provisions of article 4, including transportation facilities and access, community design and element provisions, and park and recreational requirements. Not applicable. None of the relaxations need to apply to the standards within this article because there is no request to relax from a standard within this article. Further analysis on how the PUD review criteria is outlined below. 7. Conformance with the project design provisions of article 5, including compatibility with, and sensitivity to, the immediate environment of the site and adjacent neighborhoods and other approved development; design and arrangement of the elements of the plan; landscaping; open space; lighting, signage; Relaxation 1: BMC 38.210.010.C. DRB Review. Request to remove the requirement for any project within the Bozeman Gateway PUD to be reviewed by the Design Review Board as outlined in the original adoption of the Bozeman Gateway PUD (Z-05217), condition of approval number 40. 424 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 18 of 32 Not applicable because DRB review threshold is not examined in article 5. Relaxation 2: BMC 38.310.040.C. Residential in the B-2 zone district. Allow ground floor residential in the B-2 zone district as a principal use. Not applicable because the proposed use is not examined in article 5. Relaxation 3: BMC 38.320.050. Building Height in the B-2 zone district. Request to remove the 65 foot height allowance from the original Bozeman Gateway PUD (Z- 05217), condition of approval number 42 and to allow for a building height of 85.8 feet or maximum height as allowed by the underlying zone district, as the allowable height through the development, whichever is greater. Not applicable because building height is not examined in article 5. 8. Conformance with environmental and open space objectives set forth in articles 4—6, including the enhancement of the natural environment, watercourse and wetland protections and associated wildlife habitats; and if the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area. Not applicable. None of the relaxations need to apply to the standards. 9. Conformance with the natural resource protection provisions of article 4 and article 6. Not applicable. None of the relaxations apply to the standards. 10. Other related matters, including relevant comment from affected parties. The formal public comment period takes place from March 19 to April 13. Public comment has been received in opposition of the relaxation on building height and lighting. See attached public comment. 11. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either: a. Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; or b. The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual 425 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 19 of 32 lots will not cause one or more elements of the development to become nonconforming. Not applicable. Future subdivision will adhere to this. 12. Phasing of development Not applicable. There is no new proposed phasing for this development. B. Conditional Use Permit Review Criteria, Section 38.230.110, BMC In addition to the review criteria of section 28.230.100, the following criteria will be used in evaluating the application: 1. The site for the proposed use is adequate in size and topography to accommodate such use, and all yards, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity; 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: a. Regulation of use; b. Special yards, spaces and buffers; c. Special fences, solid fences and walls; d. Surfacing of parking areas; e. Requiring street, service road or alley dedications and improvements or appropriate bonds; f. Regulation of points of vehicular ingress and egress; g. Regulation of signs; h. Requiring maintenance of the grounds; i. Regulation of noise, vibrations and odors; j. Regulation of hours for certain activities; k. Time period within which the proposed use shall be developed; l. Duration of use; m. Requiring the dedication of access rights; and n. Other such conditions as will make possible the development of the city in an orderly and efficient manner. In addition to all other conditions, the following general requirements apply to every conditional use permit granted: 426 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 20 of 32 1. The right to a use and occupancy permit is contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and, 2. That all of the conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, successors or assigns, shall be consented to in writing, and shall be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. Relaxation 1: BMC 38.210.010.C. DRB Review. Request to remove the requirement for any project within the Bozeman Gateway PUD to be reviewed by the Design Review Board as outlined in the original adoption of the Bozeman Gateway PUD (Z-05217), condition of approval number 40. The CUP criteria is not applicable to this relaxation request because it does not address whether projects should go to the DRB. Relaxation 2: BMC 38.310.040.C. Residential in the B-2 zone district. Allow ground floor residential in the B-2 zone district as a principal use. Residential uses are supported by the uses allowed under a conditional use permit. Relaxation 3: BMC 38.320.050. Building Height in the B-2 zone district. Request to remove the 65 foot height allowance from the original Bozeman Gateway PUD (Z- 05217), condition of approval number 42 and to allow for a building height of 85.8 feet or maximum height as allowed by the underlying zone district, as the allowable height through the development, whichever is greater. The requested 85.8 foot building height is allowed under a conditional use permit. Properties designated regional commercial and services that are zoned B-2 can receive a maximum height increase up to 50% automatically and an additional 30% height increase with a conditional use permit. Staff has concluded that the criteria is met as it is within the allowable maximums of the district. C. Planned Unit Development Review Criteria, Section 38.430, BMC From the design objectives and PUD review criteria, 38.430.040.E: The city will determine compatibility of a project based on the evidence presented during evaluation of the community design objectives and criteria of this chapter. In addition to the criteria for all site plan and conditional use reviews, the following criteria will be used in evaluating all planned unit development applications. 427 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 21 of 32 1. All development. All land uses within a proposed planned unit development must comply with the applicable objectives and criteria of the mandatory “all development” group. a. Does the development comply with all city design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? b. Does the project preserve or replace existing natural vegetation? c. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? d. Does the design and arrangement of elements of the site plan (e.g., building construction, orientation, and placement; transportation networks; selection and placement of landscape materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction of energy use by the project? e. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy of residents of the project? f. Parkland. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of parkland or open space been provided for each proposed dwelling as required by section 38.420.020? g. Performance. All PUDs must earn at least 20 performance points. h. Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated “pad” to adjoining development? 2. Commercial. Planned unit developments in commercial areas (B-1, B-2, B- 2M, B-3 and UMU zoning districts) may include either commercial or multi- household development; however, adequate but controlled access to arterial streets is required. Activities may include a broad range of retail and service establishments design to serve consumer demands of the city area. a. If the project contains any use intended to provide adult amusement or entertainment, does it meet the requirements for adult businesses? b. Is the project contiguous to an arterial street, and has adequate but controlled access been provided? 428 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 22 of 32 c. Is the project on at least two acres of land? d. If the project contains two or more significant uses (for instance, retail, office, residential, hotel/motel and recreation), do the uses relate to each other in terms of location within the PUD, pedestrian and vehicular circulation, architectural design, utilization of common open space and facilities, etc.? e. Is it compatible with and does it reflect the unique character of the surrounding area? f. Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten spaces? g. Does the project encourage infill, or does the project otherwise demonstrate compliance with the land use guidelines of the city growth policy? h. Does the project provide for outdoor recreational areas (such as additional landscaped areas, open spaces, trails or picnic areas) for the use and enjoyment of those living in, working in or visiting the development? Per 38.430.030, all planned unit developments must be reviewed against the development standards established in this chapter. However, in order to encourage creativity and design excellence that would contribute to the character of the community, deviations from the requirements or the standards of this chapter may be granted. The review authority must make a determination that the deviation will produce an environment, landscape quality and character superior to certain code standards in exchange for an enhanced development. Relaxation 1: BMC 38.210.010.C. DRB Review. Request to remove the requirement for any project within the Bozeman Gateway PUD to be reviewed by the Design Review Board as outlined in the original adoption of the Bozeman Gateway PUD (Z-05217), condition of approval number 40. Not applicable. This relaxation is a procedural requirement that was established with the original adoption of the PUD and has no impact on review criteria. Relaxation 2: BMC 38.310.040.C. Residential in the B-2 zone district. Allow ground floor residential in the B-2 zone district as a principal use. Yes. The development meets the applicable objectives of 1h, 2d, 2e, 2g and 2g. At this time, the development solely contains commercial uses and providing high density residential will create a properly integrated mixed use development that encourages infill and provides an adequate amount of outdoor recreational areas. 429 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 23 of 32 Relaxation 3: BMC 38.320.050. Building Height in the B-2 zone district. Request to remove the 65 foot height allowance from the original Bozeman Gateway PUD (Z- 05217), condition of approval number 42 and to allow for a building height of 85.8 feet or maximum height as allowed by the underlying zone district, as the allowable height through the development, whichever is greater. Yes. This development meets the applicable objectives of 1c, 1h, 2e, and 2g and allowing for taller buildings meets the growth policy intentions for the surrounding regional area and is integrated into the existing development. D. Conclusion Based on the analysis above, staff finds that relaxations 1-3 align with the Community Plan, Conditional Use Criteria, and Planned Unit Development Criteria and recommend approval of them. However, since the intent of the PUD is to be of superior character and allow for innovative opportunities, per 38.430.030.A.5, the City has the ability to establish additional design standards, guidelines and policies for the purpose of implementing and interpreting the provisions of the PUD. Due to the previous issues pertaining lighting (see further analysis below in section 6), staff is recommending the following items be updated within the Bozeman Gateway Development Manual to resolve known issues and prevent future issues as outlined in condition of approval number 5 and 6: Building Lighting • All wall mounted light fixtures must be downlit only; no uplighting is allowed. • Entrance lighting may not exceed a height of twelve feet or one story, whatever is less. • Any lighting above the first floor not required by the Building Code is prohibited. Any building mounted lighting cannot illuminate more than 15% of the façade. Each façade is calculated separately. • Lighting of expansive wall planes, towers, roofs, or the use of architectural lighting that results in reflective glare or lighting concentrations in excess of 5 footcandles, or lighting that illuminates the majority of the wall plane is prohibited. No lighting can be used to visually break up large building masses at night. Within the Bozeman Gateway Development Manual, there are standards that conflict with what is recommended above as well as the UDC Lighting Section. The following are changes that should be reflected on page 56 of the Manual. The red text reflects what should be added and the struck through text reflects what should be eliminated. 430 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 24 of 32 • Wall mounted lighting must be downlit. Entrances can be highlighted but light fixtures must not be mounted over a height of 12 feet or one story, whichever is less. such as wall sconces, focused on facade elements are encouraged. Entrances and projecting elements should be highlighted to create a visually lively street at night. • Light fixtures must will be appropriately shielded to prevent glare and must meet IESNA “full-cutoff” criteria (no light output emitted above 90 degrees at any lateral angle around the fixture). A high-quality light design must be incorporated into the overall facade design. • Light spread from fixtures illuminating elements of the facade must my not significantly spill over onto neighboring facades. • Lighting such as sconce lights or goose necks shall be used to visually break up large building masses at night. • All ballasts and conduit must be concealed • Recessed can fixtures in soffits may be used. • Permanent strings of light bulbs with less than 4 watts per bulb are permitted for use in lighting outdoor spaces. • Lighting shall must comply with all local lighting codes. • The following exterior lighting shall be used : o LED color temperature of 4000K (highly encouraged) o Metal Halide color temperature of 4000K o Color temperature (LED and metal halide) cannot exceed 3000K or what is allowed by the BMC, whichever is more restrictive. o Lumens cannot exceed 800 lumens, or what is allowed by the BMC, whichever is more restrictive. o Volts cannot exceed 120V or what is allowed by the BMC, whichever is more restrictive. o Watts cannot exceed 60W or what is allowed by the BMC, whichever is more restrictive. • Exposed neon tube or LED string lighting must comply with the City of Bozeman UDC. SECTION 6 - STAFF ANALYSIS AND FINDINGS RECOMMENDING DENIAL OF RELAXATION NUMBER 4. Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. 431 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 25 of 32 Major modifications to a PUD must follow the same PUD review as required for approval of the preliminary plan. In order to meet the criterion needed for a PUD, an applicant must demonstrate that it has a character superior to that produced by the existing standards. The analysis in this section is the summary of the completed review and basis for recommending denial of relaxation number 4: BMC 38.570. Building & Site Lighting. Request to allow site and building lighting to be 4000K, rather than 3000K as allowed by code. A. Applicable Plan Review Criteria, Section 38.230.100, BMC. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not in any way create a waiver or other relaxation of the lawful requirements of the BMC or State law. In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy Criteria not met. Allowing for a lighting color temperature at 4000K does not meet the following goals of the Community Plan: Goal R-2.2 High Risk & Vulnerability: Ensure that strategies directly address the reduction of risk to human well-being, physical infrastructure, and natural systems. Higher color temperature from LED lighting emits a large amount of blue light that creates worse nighttime glare than conventional lighting. 4000K lighting produces a blue-rich lighting which can cause eye discomfort, glare, and create a road hazard.i Lower color temperature equates to a more comfortable, less glaring light. The 3000K color temperature aligns with the national Illuminating Engineering Standards set by the Illuminating Energy Society (IES). The IES & International Dark Sky Association (IDA) have produced multiple studies stating that all LED lighting should not exceed 3000K to reduce light pollution to protect the natural landscape, protect health and human safety, conserve nocturnal wildlife, and save energy. Street lighting and outdoor lighting retrofits using 4000K LED lamps could result in a factor of 2.5 increase in light pollution. ii Staff recommends denial of this relaxation because the higher color temperature lighting proposed poses a risk to human well-being by being a hazard to drivers in the area and because it interferes with natural systems according to studies conducted by the IES and IDA; therefore, the requested relaxation is inconsistent with the City’s adopted growth policy. 432 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 26 of 32 2. Conformance to chapter 2, including the cessation of any current violations Bozeman Gateway has violated BMC requirements in the past in regards to excess glare and lights being visible from a substantial distance. One of the violations includes the property located at 1040 & 1060 S. Fowler Avenue “Copper Harbor Building”. There were numerous complaints from the public on the amount of glare and light emitted from the exterior of the building when illuminated. In April 2019, a Notice of Code Violation was issued in regards to the glare and amount of spillover light being cast by the building. This violation is based on BMC 38.570.040.G: “All outdoor lighting must be designed and located such that the maximum illumination measured in footcandles at the property line may not exceed .3 on adjacent residential properties and 1.0 onto adjacent commercial properties and public rights-of-way.” “Floodlights, spotlights, or any other similar lighting may not be used to illuminate buildings or other site features unless approved as an integral architectural element on the development plan. On-site lighting may be used to accent architectural elements but not to illuminate entire portions of buildings. Where accent lighting is used, the maximum illumination on any vertical surface or angular roof surface may not exceed 5.0 average maintained footcandles.” City of Bozeman Code Compliance inspected the building and found that spill over onto adjacent properties exceeded 1.0 footcandles and the surface light of the building exceeded 5.0 footcandles. The Bozeman Gateway development team made adjustments to the building lighting and provided information illustrating that the lighting meets current code. Although the light colored exterior and the sheer number of lights still produce a brighter façade, it was found that the lighting complied with average maintained footcandles and maximum illumination on adjacent properties. The violation was then lifted. However, there are still issues of noncompliance within the Bozeman Gateway Development. Per 38.570.040.G.3, except for residential lighting, street lighting, pathway intersection lighting and security lighting, all lighting must be turned off between 11:00 p.m. and 6:00 a.m. unless the establishment is actually open for business during that time. Upon an inspection on March 17, 2021 after 11:00pm, many buildings were still illuminated during the time in which they must be turned off. See photos in attachments. Original photos with timestamps are located in the project folder. The denial of relaxation number 4 is supported because of these violations. Staff’s recommendation to include additional changes to the Development Manual pertaining to lighting as a condition of approval of relaxations 1-3 is meant to 433 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 27 of 32 address past and continuing lighting violations. Per 38.430.030.A.5, the City has the ability to establish additional design standards, guidelines and policies for the purpose of implementing and interpreting the provisions of the PUD as outlined in condition of approval number 5 and 6. 3. Conformance with all other applicable laws, ordinances, and regulations. Conformance with approved lighting plan will be verified with each individual site plan review. Condition of approval number 7 requires verification by appropriate professional. 4. Conformance with special review criteria for applicable permit type as specified in article 2. A PUD is reviewed using a conditional use permit per section 38.310.040. The analysis for this connects to 38.230.110.E which are the special review criteria for a conditional use permit. See A: Conditional Use Permit review criteria below for further analysis on specific criteria. 5. Conformance with the zoning provisions of article 3, including permitted uses, form and intensity standards and requirements, applicable supplemental use criteria, and wireless facilities and/or affordable housing provisions if applicable. Not applicable because lighting is not reviewed in article 3. 6. Conformance with the community design provisions of article 4, including transportation facilities and access, community design and element provisions, and park and recreational requirements. Not applicable. This relaxation does not apply to the standards within this article. 7. Conformance with the project design provisions of article 5, including compatibility with, and sensitivity to, the immediate environment of the site and adjacent neighborhoods and other approved development; design and arrangement of the elements of the plan; landscaping; open space; lighting, signage; The purpose of the lighting section as outlined in the UDC Section 38.570.010 is to: provide lighting in outdoor public places to protect public health, safety and welfare; provide lighting that protects drivers, bicyclists, and pedestrians from the glare of non-vehicular light sources that impair safe travel; protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied, maintained or shielded light sources; protect and maintain the character of the City; 434 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 28 of 32 prevent excessive lighting and conserve energy; and to provide adequate lighting for safe pedestrian and bike travel. Although there is no lighting temperature rating that applies to site and building lighting, there is a street lighting standard that limits temperature to 3000K. The adoption of this standard was driven by the City’s Sustainability Division to reduce the energy output that non-LED lighting produces and to require all street lighting installed be LED. This standard was adopted in 2017 when the color temperature requirement for street lights was 4000K. Shortly thereafter, street lighting with 3000K became available and is the recommended color temperature for street lighting from the Illuminating Engineering Standards (IES). The City changed its standard to reduce street LED lighting color temperature to 3000K as outlined in the City of Bozeman Engineering Design Standards and Specification Policy. See attached memorandum on the street lighting evaluation for further evaluation and detail. Therefore, contrary to the criteria the requested relaxation would produce a more intense light than surrounding street lighting, which could impair public health and safety and impair safe travel due to excessive glare to drivers, pedestrians and bicyclists. Because the IES & International Dark Sky Association have produced multiple studies stating that all LED lighting should not exceed 3000K to reduce light pollution to protect the natural landscape and conserve nocturnal wildlife, the requested relaxation does not protect neighbors and the night sky from nuisance glare and stray light. The criteria is not met. Site and building lighting is not required by the UDC (38.570.020) beyond what is outlined in the Engineering Standards and Building Code for safety measures. Building and site lighting must not produce any unacceptable levels of nuisance glare, skyward light, or excessive or insufficient illumination levels. To grant a relaxation to allow building and site lighting to have a color temperature that exceeds the street lighting standard does not meet this criteria because it promotes excessive lighting and does not conserve energy. Further, it provides no additional safety measures to the development and is excessive of light necessary for pedestrian and bike travel according to the Engineering Design Standards and Specification Policy. This relaxation does not provide character superior to what is produced by the lighting section of the UDC and does not protect or maintain the character of the City because the City has expressly recognized the value of dark night skies. Therefore, this relaxation request does not meet this standard and it should be denied. 8. Conformance with environmental and open space objectives set forth in articles 4—6, including the enhancement of the natural environment, 435 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 29 of 32 watercourse and wetland protections and associated wildlife habitats; and if the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area. Not applicable. This relaxation does not apply to the standards within this article because there are no requests to relax from these standards. 9. Conformance with the natural resource protection provisions of article 4 and article 6. Not applicable. None of the relaxations need to apply to the standards within this article. 10. Other related matters, including relevant comment from affected parties. The formal public comment period takes place from March 19 to April 13. Public comment has been received in opposition to the relaxations regarding building height and lighting. See attached public comment. 11. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either: a. Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; or b. The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. Not applicable. Future subdivision will adhere to this. 12. Phasing of development Not applicable. There is no new proposed phasing for this development. B. Conditional Use Permit Review Criteria, Section 38.230.110, BMC The same criteria under 5.C apply to this relaxation. Staff finds that request for increased lighting temperature does have adverse effect upon abutting properties based on public comment from a neighbor and its visibility from roughly a mile away. Further, the requested relaxation does not support public health, safety and general welfare because excessive light and glare may distract drivers and impair safe travel. Conditions of approval 5, 6, and 7 are 436 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 30 of 32 deemed necessary in order for the development to meet the conditional use permit criteria to protect public health, safety, and welfare. See findings above in Section 6. C. Planned Unit Development Review Criteria, Section 38.430, BMC. The same criteria under Section 5.C apply to this relaxation. This relaxation does not meet the criteria outlined in the PUD review criteria since it does not produce an environment, landscape quality and character superior to current code standards. As noted above, there have been previous and continuing lighting violations within the Bozeman Gateway development which does not align with at least two of the PUD review criteria. First, the proposed use of 4000K lighting, rather than 3000K lighting to match the required street lighting in the BMC does not contribute to overall reduction of energy use by the project. Rather, it will expend more energy. Second, the requested relaxation will not support outdoor recreational areas for the use and enjoyment of those living and working in or visiting the development because it inhibits enjoyment of the dark night skies for star gazing, astronomy, and conservation of nocturnal wildlife. Staff finds that as the development has advanced, the implementation of the originally approved lighting standards from the Bozeman Gateway Development Manual does not result in a superior outcome for the community as required of PUDs and therefore, needs to be resolved. As authorized in 38.430.040.A.2 and 38.100.070.B, with this major modification application the overall PUD can be analyzed to determine if it meets the PUD criteria. When this PUD was adopted in 2006, its innovation and design did produce a superior development from the current standards. As the code has changed over time, the standards have progressed with current trends and goals of the City and community. Because of the ongoing issues involving excessive light and the evolution of the PUD as a whole, research and analysis has been conducted in order to resolve the existing lighting problems. Staff finds that the requested relaxation for lighting does not meet criteria for approval and provisions of the current Design Manual are not consistent with a superior outcome for the community. Granting a relaxation to allow for brighter lights on taller buildings will more likely produce excessive glare and increased light pollution. The Copper Harbor building is roughly 53’ tall and produces light that can be seen from developments roughly one mile away. If a building that is 85.8 feet has the amount of lighting that the Copper Harbor building produces, it will generate even more excess lighting. Therefore, staff recommends denial of relaxation request number 4 in addition to imposing additional conditions related to lighting with conditions of approval 5 and 6. 437 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 31 of 32 D. Conclusion Based on the findings of Section 6, staff recommends denial of 4000K light for building and site lighting. APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The property is zoned B-2, Community business district. “The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Multi-household dwellings, townhouses, and apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of these districts. 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: The property is designated as “Regional Commercial & Services.” Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. Development within this category needs well-integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready- access within and adjacent to development. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one-to two-mile separation.” APPENDIX B – OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant: Mitchell Development Group, LLC, PO Box 738, Great Falls, MT 59403 Representative: Morrison-Maierle, Inc., 2880 Technology Blvd West, Bozeman, MT 59718 Report By: Sarah Rosenberg, Associate Planner 438 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 32 of 32 ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Bozeman Gateway PUD Development Manual Commission Memorandum for City Street Lighting Evaluation Bozeman Gateway PUD Violation Info Photos of Bozeman Gateway after 11:00 p.m. on March 17, 2021 Public Comment i https://www.ama-assn.org/press-center/press-releases/ama-adopts-guidance-reduce-harm-high- intensity-street-lights, ii https://www.darksky.org/our-work/lighting/lighting-for-citizens/led-guide/ 439 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Anna Saverud, Assistant City Attorney Shawn Kohtz, City Engineer Mitch Reister, Director of Public Works SUBJECT:Ordinance 2072 Provisional Adoption, An Ordinance of the City Commission of the City of Bozeman, Montana Amending Chapter 36 Definitions; and Establishing License Requirements and Fees for Commercial Shared Micromobility Businesses; and Providing an Effective Date MEETING DATE:April 13, 2021 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally adopt Ordinance 2072, an ordinance of the City Commission of the City of Bozeman, Montana amending Chapter 36 Definitions; and establishing license requirements and fees for commercial shared micromobility businesses; and providing an effective date. 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 is seeing an increasing number of citizens and visitors using micromobility modes of transportation. Commercial enterprises promoting and renting micromobility vehicles are operating in the City. The City wants to encourage these types of transportation for their energy efficiency, to increase people’s accessibility and enjoyment of downtown while relieving pressure on parking. Additionally the City wants to ensure micromobility vehicles are operated in a safe manner and parked so as not to impede traffic, sidewalks, or private property. Staff recommends the following actions in a continued effort to address the increasing use of micromobility in Bozeman. 1. Adopt updates to the Bozeman Municipal Code to make certain provisions consistent with state law and to provide code that remains relevant and adaptive to changes in technology. Specifically staff recommends the revisions to Section 36.01.020 - Definitions as detailed in Ordinance 2072. Of particular note are added definitions for Electrically assisted bicycle, Micromobility, Motorized foot scooter, Motorized personal 440 transportation device, and Motorized skateboard. Ordinance 2072 also updates the definition of Pedestrian, to include people using manually or mechanically propelled vehicles designed specifically for use by a physically disabled person, and the definition of Vehicle to motorized personal transportation device and motor scooter. 2. Create shared micromobility business license for commercial vendors and provide authority to City Manager to adjust terms of operations to address City’s changing needs and changes in industry. Ordinance 2072 adds Sec. 36.01.130 - Licensing and regulation of commercial shared micromobility businesses. A shared micromobility license is only required for those businesses whose principle service provided to the public is the renting of bicycles, scooters, or other motorized personal transportation devices. The intent of this section is to require this license for micromobility- share companies. It is not the intent of this section to require this license for hotels with bicycles available to guests or bike shops that that may also offer rentals. The license will require an Acknowledgement of Terms of Operation that will include, but is not limited to, insurance and indemnification requirements and provisions for the suspension or revocation of licenses. Ordinance 2072 stipulates that the Terms of Operation required for the license shall be determined by the City Manager who may revise such terms in order to adapt to the City’s needs and the changing industry. 3. Pilot a micromobility parking plan in the downtown. Based on previous experience with scooter parking on the sidewalks in the downtown staff feels that providing specific, well identified parking areas for micromobility devices will lead to increased compliance with the requirement the eScooters not be parked or used on sidewalks. This approach has been successfully implemented in other cities and finds a balance between fully docked systems and systems that are dockless and allow users to end their rides and park the device anywhere. Staff has had conversations with several micromobility companies regarding this idea and they agree that providing specific places for users to park is likely to lead to reduced parking on the sidewalks. Using technology, the companies can limit the locations where rides can be ended and vehicles left through their app and, in the downtown business district, will limit options to the areas identified by the City. Engineering staff is working with the Downtown Business Association, City Streets Department and City Parking staff to identify approximately 12-15 locations in the downtown that will serve the users and meet appropriate conditions for the installation of pilot parking areas. The example parking document that is attached includes images of parking areas in other cities and what these pilot areas could look like in Bozeman. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS:None. Attachments: 441 Ordinance 2072 - Final.docx example parking.pdf Report compiled on: April 1, 2021 442 Ordinance 2072, Micromobility ORDINANCE NO. 2072 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING CHAPTER 36 DEFINITIONS; AND ESTABLISHING LICENSE REQUIREMENTS AND FEES FOR COMMERCIAL SHARED MICROMOBILITY BUSINESSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is authorized to regulate the operation of motorized nonstandard vehicles on sidewalks, streets, and highways pursuant to 61-12-101, MCA; and WHEREAS, the City is authorized to regulate and prevent the use or obstruction of streets, sidewalks, and public grounds, and regulate and prohibit sale upon the streets, sidewalk and public grounds of the city pursuant to 7-14-4102, MCA; and WHEREAS, the City has the authority to license by ordinance all industries and impose penalties for failure to comply with such license requirements pursuant to 7-14-4101, MCA; and WHEREAS, micromobility forms of transportation are efficient, reduce emissions, require less space to park, increase access to transportation, and add to a vibrant and connected downtown; and WHEREAS, commercial shared micromobility provides business opportunities for local entrepreneurs and encourage economic activity in the City, and 443 Page 2 of 9 WHEREAS, it is in the interests of the City to establish guidelines for commercial shared micromobility businesses who operate within the public right of way to ensure the public health, safety and welfare of City residents and visitors. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative findings: 1. Citizens areincreasinglyusing micromobility as alternative ways of transportation in Bozeman. 2. The Bozeman Municipal Code should reflect current modes of micromobility and be adaptive as the industry changes. 3. Commercial shared micromobility provides for business opportunities and jobs and may increase access to transportation, reduce emissions, relieve pressure on parking, while adding to a vibrant downtown. 4. Reasonable licensing of commercial shared micromobility businesses is equitable and necessary to govern commerce, protect public health, safety and welfare within the public right of way. Section 2 That the Bozeman Municipal Code Sec. 36.01.020-Definitions are amended as follows: Sec. 36.01.020. - Definitions. A. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1."Authorized emergency vehicle" means vehicles of the fire department, police vehicles, and such ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the director of public works. 2. "Bicycle" means every device propelled by human power upon which any person may ride, having two tandem wheels either of which is over 20 inches in diameter, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. Means a vehicle propelled solely by human power on which any person may ride, 444 Page 3 of 9 irrespective of the number of wheels, except scooters, wheelchairs, and similar devices. The term includes electronically assisted bicycle. 3."Commercial vehicle" means every vehicle designed, used or maintained primarily for the transportation of property. 4. "Crosswalk" means: a. That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway, measured from the curbs, or in the absence of curbs from the edges of the traversable roadway; b. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. 5. "Curb loading zone" means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. 6. "Driver" or "operator" means every person who drives or is in actual physical control of a vehicle. 7. “Electrically assisted bicycle” is as defined in Title 61, Chapter 8, MCA. 8.7. "Freight curb loading zone" means a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight or passengers. 9.8. "Intersection" means the area embraced within the prolongation or connections of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at or approximately at right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. 10.9. "Laned roadway" means a roadway which is divided into two or more clearly marked lanes for vehicular traffic. 11. “Micromobility” means transportation over short distances provided by small, lightweight, and usually single-person vehicles. 12.10. "Motorcycle" means a motor vehicle that has a seat or saddle for the use of the operator and that is designated to travel on not more than three wheels in contact with the ground. A motorcycle may carry one or more attachments and a seat for the conveyance of a passenger. 445 Page 4 of 9 13. 11. "Motor-driven cycle" means every motorcycle, including every motorscooter, with a motor which produces not to exceed five horse-power, and every bicycle with motor attached. 14. “Motorized foot scooter” means a device with no more than two ten-inch or smaller diameter wheels that has handlebars, is designed to be stood upon, but may have a seat, and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. 15.“Motorized personal transportation device” shall mean motorized foot scooters, motorized skateboards, motor or battery power driven bicycle, and all other similar devices including all motorized nonstandard vehicles as defined in Title 61, Chapter 1, MCA but shall be deemed to exclude electronic personal assistive transportation devices, motorized wheel chairs, motor driven cycles, mopeds, motorcycles. 16. “Motorized skateboard” means every device with a platform having one or more wheels beneath it, which the rider balances on top of, and which is either propelled by an attached or auxiliary, electric or gasoline motor. 17.12. "Motor vehicle" means every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. 18.13. "Official traffic control devices" means all signs, signals, markings and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. 19.14. "Park," when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading. 20.15. "Passenger curb loading zone" means a place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. 21.16. “Pedestrian” means any person afoot on foot or any person in a manually or mechanically propelled wheelchair or other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person. 446 Page 5 of 9 22.17. "Police officer" means every officer of the municipal police department, or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. 23.18. "Private road" or "driveway" means every way or place in private ownership and used for vehicular travel by the owner, and those having express or implied permission from the owner, but not by other persons. 24.19. "Railroad" means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails. 25.20. "Railroad train" means a stream engine, electric, or other motor, with or without cars coupled thereto, operated upon rails, except streetcars. 26.21. "Right-of-way" means the privilege of the immediate use of the roadway. 27.22. "Roadway" means that portion of a street or highway improved, designed or ordinarily used for vehicular travel. In the event a highway includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately, but not to all such roadways collectively. 28.23. "Sidewalk" means that portion of a street between the curblines or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians. 29.24. "Stop," when required, means complete cessation of movement. 30.25. "Stop," "stopping," or "standing," when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal. 31.26. "Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians, and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. 32.27. "Street" or "highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, including avenues and alleys. 33.28. "Through or arterial highway" means every street or highway, or portion thereof, at the entrances to which vehicular traffic from intersecting streets or highways is required by 447 Page 6 of 9 law to stop before entering or crossing the same, and when stop signs are erected as provided in this chapter. 34.29. "Traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances, either singly or together, while using any street for purposes of travel. 35.30. "Traffic control signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed. 36.31. "Traffic division" means the traffic division of the police department of this city; or, in the event a traffic division is not established, then the term "division" whenever used in this chapter, shall be deemed to refer to the police department. 37.32. "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. For the purposes of this Chapter the term “vehicle” includes, but is not limited to, any moped, motorcycle, motorized personal transportation device, motor scooter, automobile, truck or other vehicle propelled by a motor of any kind. 38.33. "Ways of this city open to the public" means any highway, road, alley, lane, parking area or other public or private place adapted and fitted for public travel that is in common use by the public. Section 3 That Sec.36.01.130 be added to the Bozeman Municipal Code as follows: Sec.36.01.130 – Licensing and regulation of commercial shared micromobility businesses. A.General. It is unlawful for any person to operate within the city a commercial shared micromobility business renting, to the general public, bicycles or motorized personal transportation devices as defined in Sec. 36.01.020(A)(11) and (15), without having first obtained a commercial shared micromobility license. A shared micromobility license is only required for those businesses whose principle service provided to the public is the renting of bicycles or motorized personal transportation devices. This section applies to all forms of rental including mobile application based rentals. 448 Page 7 of 9 B.Application; requirements to be determined by City Manager. A commercial shared micromobility business must complete and submit an application and a signed Acknowledgement of Terms of Operation to the Department of Public Works prior to deploying its fleet. Terms of Operation required for the license shall be determined by the City Manager who may revise such terms in order to adapt to the City’s needs and the changing industry. Terms of operation will include, but are not limited to insurance and indemnification requirements and provisions for the suspension or revocation of licenses. C.Annual renewal.To ensure Terms of Operations shall be consistent for every business, all commercial shared micromobility licenses are valid for one calendar year, with an expiration date to be determined by the City Manager and included in the Terms of Operations. An applicant must submit a renewal application, fee, and signed Acknowledgement of the Terms of Operation annually to renew. D.Fee. Commercial shared micromobility license fees shall be established by resolution of the city commission. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full force and effect. Section 5 Severability. 449 Page 8 of 9 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 provisions thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification Instruction. The provisions of Section 2 and Section 3 shall be codified as appropriate in Chapter 36 of the Bozeman Municipal Code. Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 13th day of April, 2021. 450 Page 9 of 9 ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ________________________________ GREG SULLIVAN City Attorney 451 Santa Monica, CA San Diego, CA Austin, TX What it might look like here? 452 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Appointments to the Fire Code Board of Appeals MEETING DATE:April 13, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint up to one member with a term expiring on December 31, 2021, up to three members with terms expiring December 31, 2022, and up to one member with a term expiring on December 31, 2023 to the Fire Code Board of Appeals. 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 Fire Code Board of Appeals has one vacancy and four vacancies due to expired terms. Four applications have been received. The Fire Code Board of Appeals was created under Ordinance No. 1444, Section 18.02.020 of the Bozeman Municipal Code, on August 18, 1997 to determine the suitability of alternate materials and types of construction under the Uniform Fire Code and to provide reasonable interpretation of the Uniform Fire Code, as adopted by the City of Bozeman. The Board shall consist of five members to be appointed by the City Commission. Members of this board shall be qualified by experience and training to pass upon pertinent matters. Members shall be appointed to staggered three-year terms. Each member may be reappointed without any limitation on the number of reappointments. The Fire Chief, or his designee, shall be an ex- officio member and shall act as secretary of the board. This board currently has five vacancies. The City Clerk’s Office has received four applications with their relevant qualifications indicated below. 1. One position with a term expiring December 31, 2021 | Qualifies: S. Foley, R. Jones, R. Lashaway, D. Morris 2. Three positions with terms expiring December 31, 2022 | Qualifies: S. Foley, R. Jones, R. Lashaway, D. Morris 3. One position with a term expiring December 31, 2021 | Qualifies: S. 453 Foley, R. Jones, R. Lashaway, D. Morris Applicants: S. Foley R. Jones R. Lashaway D. Morris Mayor Cyndy Andrus is the City Commission liaison for this board. Fire Code Board of Appeals appointments are Commission appointments. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the City Commission. FISCAL EFFECTS:None. Attachments: 12-06-19 CAB Application - S. Foley, reapplication.pdf 03-11-21 CAB Application - R. Jones, new applicant.pdf 06-17-20 CAB Application - R. Lashaway, reapplication.pdf 03-12-21 CAB Application - D. Morris, new applicant.pdf Report compiled on: April 2, 2021 454 From:Agenda To:Agenda Subject:CAB Application - Shannon Foley Date:Friday, December 06, 2019 8:12:53 AM A new entry to a form/survey has been submitted. Form Name:Citizen Advisory Board Application Date & Time:12/05/2019 11:31 AM Response #:217 Submitter ID:22271 IP address:165.225.34.215 Time to complete:34 min. , 36 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.). 455 Applicant Information First Name Shannon Last Name Foley Physical Address 132 Arrowhead Trail PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59718 Primary Phone (406) 581-2958 Additional Phone Not answered Current Occupation Branch Manager and Loan Officer Employer Cornerstone Home Lending Email SFoley@houseloan.com Which position are you applying for? (○) Fire Code Board of Appeals Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while others do not.) (○) No How long have you lived in the Bozeman Area? (○) 11 years or more Have you ever served on a City or County Board or Commission? (○) Yes (If Yes, where and how long?) Bozeman Fire Code Board of Appeals, 2 years Please explain your relevant qualifications, interests and experiences: I am a long time resident of Bozeman and have served the Gallatin Valley as a residential Mortgage Loan Officer for over 10 years. I am especially honored to help first-time homebuyers become long-term homeowners. I know the financing process can seem overwhelming. That’s why I work closely with my clients and guide them through each step from start to finish. I understand how important home is, and always keep my clients’ interests close to my heart to better serve their needs. Born and raised in Illinois, I graduated from Montana State University and have been here since. I started my mortgage career as an assistant and quickly fell in love with the business. I am most grateful for the opportunity to help people get to where they want to be. Outside of work, my family and I love to take advantage of all Montana has to offer – hiking, camping, fishing, etc. 456 I have served on the Fire Code Board of Appeals for the last two years and would welcome the opportunity to serve again this year. References: Please provide name, phone, and email contact information for two references. Reference 1 Graver Johnson 406-579-4252 GJohnson@houseloan.com Reference 2 Abby Allen 319-541-5759 abbyallen5@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? Graver Johnson, Bozeman Fire Department 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. 457 From:webadmin@bozeman.net To:Agenda Subject:Citizen Advisory Board Application Date:Wednesday, March 10, 2021 9:07:18 PM A new entry to a form/survey has been submitted. Form Name:Citizen Advisory Board Application Date & Time:03/10/2021 9:06 PM Response #:331 Submitter ID:35861 IP address:204.250.82.97 Time to complete:9 min. , 43 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 458 First Name Reed Last Name Jones Physical Address 1416 Beatty Rd PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59718 Primary Phone (406) 579-4900 Additional Phone (406) 585-3343 Current Occupation Self Employed Employer self Email garth_1975@hotmail.com Which position are you applying for? (○) Fire Code Board of Appeals Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while others do not.) (○) No How long have you lived in the Bozeman Area? (○) 11 years or more Have you ever served on a City or County Board or Commission? (○) No Please explain your relevant qualifications, interests and experiences: My wife and I have been business owners in the area for many years and I decided that it was time to give a little of me time to help out where I can. References: Please provide name, phone, and email contact information for two references. Reference 1 Josh Charles 600-3337 jcharles@fullcourtathletics.com Reference 2 Mark Lewis 599-3243 mark@montanaspirits.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? 459 Josh Waldo 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. 460 From:webadmin@bozeman.net To:Agenda Subject:Citizen Advisory Board Application Date:Wednesday, June 17, 2020 5:17:09 PM A new entry to a form/survey has been submitted. Form Name:Citizen Advisory Board Application Date & Time:06/17/2020 5:17 PM Response #:251 Submitter ID:27769 IP address:174.45.71.64 Time to complete:2 min. , 7 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 461 First Name Robert Last Name Lashaway Physical Address 5440 Glenkirk Dr PO Box (if different from physical address) Not answered City bozeman State Montana Zip Code 59718 Primary Phone (406) 581-9155 Additional Phone Not answered Current Occupation retired Employer MSU/Retired Email rvljack@gmail.com Which position are you applying for? (○) Fire Code Board of Appeals 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?) Bldg Div Board of Appeals ~36 years Please explain your relevant qualifications, interests and experiences: Architect References: Please provide name, phone, and email contact information for two references. Reference 1 Walt Banziger - walterbanziger@gmail.com Reference 2 Terry Leist - MSU VP Admin - 994-4361 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? 462 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. 463 From:webadmin@bozeman.net To:Agenda Subject:Citizen Advisory Board Application Date:Friday, March 12, 2021 11:40:01 AM A new entry to a form/survey has been submitted. Form Name:Citizen Advisory Board Application Date & Time:03/12/2021 11:35 AM Response #:332 Submitter ID:35922 IP address:153.90.231.179 Time to complete:3 min. , 58 sec. Survey Details Page 1 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process. If you are applying for more than one vacancy please submit an individual application for each vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582- 2320. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerk's Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Applicant Information 464 First Name Duane Last Name Morris Physical Address 304 FIELDSTONE DR PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59715 Primary Phone (406) 581-2692 Additional Phone Not answered Current Occupation Events/Facility Management Employer Montana State University Email dmorris@montana.edu Which position are you applying for? (○) Fire Code Board of Appeals Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while others do not.) (○) Yes How long have you lived in the Bozeman Area? (○) 11 years or more Have you ever served on a City or County Board or Commission? (○) No Please explain your relevant qualifications, interests and experiences: Familiarity with events and facilities with some experience on construction projects. References: Please provide name, phone, and email contact information for two references. Reference 1 Tom Stump 406-581-3232 stump@montana.edu Reference 2 Terry Leist 406-600-8386 tleist@montana.edu The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? (○) Yes How did you hear about this board or vacancy? 465 Approached by Josh Waldo. 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. 466