Loading...
HomeMy WebLinkAbout05-11-21 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.Public Service Announcements E.FYI F.Commission Disclosures G.Approval of Minutes G.1 Approve the Regular Meeting Minutes from: April 13, 2021 April 20, 2021 April 27, THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, May 11, 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=eeabec2fc952244017f996fc5bdef0d21 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: 182 780 8423 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 2021(Maas ) H.Consent H.1 Accounts Payable Claims Review and Approval (Stewart) H.2 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with the Cottonwood Project, LLC for the Cottonwood Apartments Area A Site Plan (20390)(Johnson) H.3 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with the Cottonwood Project, LLC for the Cottonwood Apartments Area C Site Plan (20392)(Johnson) H.4 Authorize the City Manager to Sign a Notice of Award to Knife River - Belgrade for Construction of the 2021 Street Improvements Project(Gamradt) H.5 Authorize City Manager to Sign an Addendum 2 to a License Agreement with NorthWestern Energy for the Bozeman Solar Project at the Water Reclamation Facility Extending the Lease Term for an Additional Five Years(Meyer) H.6 Resolution 5306, Confirming the Appointment of Lori Christenson as Interim Health Officer(Saverud ) I.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. J.Mayoral Proclamation J.1 Mayoral Proclamation Proclaiming Mental Health Month(Andrus) K.Special Presentation K.1 Third Quarterly Report on Bozeman as an Inclusive City (Mihelich ) K.2 Streamline Route Update Presentation(Ross) L.Action Items L.1 Resolution 5291, Creating Special Improvement Lighting District 764, Walker Property Sub Lot 3 Block 5 P.U.D.(Donald) L.2 Resolution 5297, Creating Special Improvement Lighting District 765, Haven Shelter (Donald) L.3 Resolution 5286, Amending the Fiscal Year 2021 (FY21) Budget to Record the Debt Issuance, Debt Service Payment, and Appropriations to be in Line with the Midtown Urban Renewal 2 District’s FY21 Work Plan(Donald) L.4 Ordinance 2074, Provisional Adoption to Repeal and Replace Division 38.270 "Improvements and Guarantees" of the Bozeman Municipal Code to Allow Greater Flexibility to Concurrently Construct Improvements and Development Projects, Require Installation of Sidewalks Commensurate with All Other Improvements to Provide Accessibility to Everyone, and Generally Clean Up the BMC(Rischke) L.5 Ordinance 2070, Provisional Adoption of Form and Intensity Standards Update Text Amendment to Revise the Bozeman Municipal Code to Increase the Allowable Height in Several Zoning Districts to Account for a Change in Construction Industry Standards and to Increase the Height in R-O and B-2 to Allow for an Additional Story, Reduce the Number of Roof Pitch Categories and Change the Location of Commercial Front Setback Designations. Revise Affected Sections to Implement the Revisions(Miller) L.6 Emergency Ordinance 2077, Adopting the Gallatin City-County Health Code and Associated Fees(Saverud) M.FYI / Discussion N.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 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: April 13, 2021 April 20, 2021 April 27, 2021 MEETING DATE:May 11, 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 April 13, 2021 that are linked to the video please click here To view the video and the minutes of the April 20, 2021 that are linked to the video please click here To view the video and the minutes of the April 27, 2021 that are linked to the video please click here UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 04-13-21 DRAFT MINUTES City Commission Meeting of Bozeman, Montana.docx 04-20-21 DRAFT MINUTES City Commission Meeting of Bozeman, Montana.docx 04-27-21 DRAFT MINUTES City Commission Meeting.docx Report compiled on: March 18, 2021 5 Bozeman City Commission Meeting Minutes, April 13, 2021 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES April 13, 2021 Present:Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent:None Staff Present in the WebEx: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Jesse DiTommaso A)00:02:44 Call to Order -6:00 PM -Via WebEx B)00:07:06 Pledge of Allegiance and a Moment of Silence C)00:07:46 Changes to the Agenda There were no changes to the agenda. D)00:07:59 FYI Cr. Pomeroy noted Clean-Up Day on Saturday, April 17th 10am-1pm at the Bozeman Public Library. DM Cunningham noted a Community Affordable Housing Advisory Board (CAHAB) meeting on Wednesday, April 14 at 8:00am. He also noted the surge in Covid numbers and increased vaccine numbers. Cr. Madgic highlighted the Triangle Transportation Plan website community engagement tools. Mayor Andrus formally welcomed Commissioner Coburn. She encouraged the community to join the City of Bozeman's water conservation challenge. She noted Cr. Coburn will be taking over Michael Wallner's citizen advisory boards through the end of the year. CM Mihelich announced the Bozeman Library was awarded the Excellent Library Services Award this year by the State Library Commission. E)00:15:22 Commission Disclosures There were no disclosures F)00:15:40 Approval of Minutes F.1 Approve the Regular Meeting Minutes from: March 23, 2021 6 Bozeman City Commission Meeting Minutes, April 13, 2021 Page 2 of 10 April 6, 2021 Approve the Executive Session Minutes from: March 9, 2020 (executive session minutes to be distributed separately) 03-23-21 FINAL MINUTES City Commission Meeting.pdf 04-06-21 DRAFT MINUTES City Commission Meeting.docx 00:15:52 Motion to approve minutes as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:15:54 Vote on the Motion to approve minutes as submitted.The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G)00:16:24 Consent G.1 Accounts Payable Claims Review and Approval 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 Bid Sheet - 2021 South 6th Avenue Reconstruction Project 3.pdf 14-NoticeOfAward.pdf 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) Conditional Irrevocable Offer of Dedication 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 City/State Memorandum of Agreement - S 19th Ave/S-345 G.5 Authorize the City Manager to Sign a Water Delivery Agreement with Farmers Canal Company of Gallatin County 2021-03-30 - FCC conveyance with City 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 20210413_CONSTRUCTION AGREEMENT.pdf 20210413_Attachment A.pdf 7 Bozeman City Commission Meeting Minutes, April 13, 2021 Page 3 of 10 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 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 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 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 00:16:29 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:18:20 Public Comment There were no public comments on the Consent Agenda. 00:20:52 Motion to approve Consent Items 1-8 as submitted. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:21:13 Vote on the Motion to approve Consent Items 1-8 as submitted.The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H)00:21:33 Public Comment Mayor Andrus opened general public comment. 00:24:22 Terry Quatraro, Public Comment Terry Quatraro commented on behalf of the Bozeman Beautification Board regarding single-use plastics. 00:28:16 Nick Allevato, public comment Nick Allevato commented on the addition of Christopher Coburn to the Commission. I)00:31:53 Action Items 8 Bozeman City Commission Meeting Minutes, April 13, 2021 Page 4 of 10 I.1 00:32:34 Presentation of Community Development Fee Study and Recommendations City of Bozeman-Community Development Fee Review Study Final.pdf Staff Fee Recommendation.docx 00:32:50 Consultant Presentation BerryDunn consultants Fred Turnier, Jesse Myott and Kevin Price presented the Community Development Review Fee Study Report and Findings. They presented the project background, a summary of the findings, proposed recommendations. 00:45:23 Questions of Consultant 01:11:10 Public Comment There were no public comments on this item. I.2 01:14:40 Resolution 5286, Adopting Planning Fees for FY22 and FY23 Resolution 5286 Adopting Planning Fees Final.docx Exhibit Res 5286 Planning Fees.pdf 01:14:46 Staff Presentation Finance Director Kristin Donald presented the background, planning fees, a planning fee recommendation, building inspection fees, and a building inspection fee recommendation. 01:20:14 Questions of staff 01:29:38 Public Comment There were no public comments on this item. 01:32:30 Motion to approve Resolution 5286 adopting planning fees for FY22 and FY23. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:32:48 Discussion Cr. Coburn spoke in support of Resolution 5286 and cost recovery. Cr. Pomeroy spoke in support of Resolution 5286 and affordable housing. Cr. Cunningham spoke in support of Resolution 5286 and the benefits of expediting the planning process. Cr. Madgic spoke in support of Resolution 5286 and Section 7.5 in the Strategic Plan. Mayor Andrus spoke in support of Resolution 5286 and the rate of growth in Bozeman and services expected by the community. 01:39:42 Vote on the Motion to approve Resolution 5286 adopting planning fees for FY22 and FY23.The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham 9 Bozeman City Commission Meeting Minutes, April 13, 2021 Page 5 of 10 I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.3 01:40:06 Resolution 5287, Adopting Building Inspection Fees Adopting International Code Council (ICC) Valuation & Fee Calculation Resolution 5287 Adopting Building Inspection Fees Final.docx Building Fee ICC FY22.pdf 01:40:29 Staff Presentation Finance Director Kristin Donald presented on cost recovery and the benefits of adopting this version of the fees. 01:41:09 Questions of Staff 01:43:38 Public Comment There were no public comments on this item. 01:46:26 Motion to approve Resolution 5287, Adopting Building Inspection Fees Adopting International Code Council (ICC) Valuation & Fee Calculation. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:46:52 Discussion Cr. Pomeroy spoke in support of Resolution 5287 and the simplicity of the new fee structure. DM Cunningham spoke in support of Resolution 5287 and the necessity of efficiency in inspections. Cr. Madgic spoke in support of Resolution 5287 and noted Section 7.5 in the Strategic Plan. Cr. Coburn spoke in support of Resolution 5287 and the ability to help create more housing. Mayor Andrus spoke in support of Resolution 5287. 01:50:46 Vote on the Motion to approve Resolution 5287, Adopting Building Inspection Fees Adopting International Code Council (ICC) Valuation & Fee Calculation.The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 01:51:09 Meeting went into Recess 10 Bozeman City Commission Meeting Minutes, April 13, 2021 Page 6 of 10 Mayor Andrus called the meeting into recess. 01:58:07 Meeting Reconvened. Mayor Andrus called the meeting back to order. I.4 01:58:14 Bozeman Gateway Planned Unit Development Major Modification, Application 20051 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 01:58:27 Staff Presentation Associate City Planner, Sarah Rosenberg presented the Bozeman Gateway Planned Unit Development. She presented the background, the relaxation process, the relaxation requests, and the staff recommendations. 02:14:05 Questions of Staff 02:36:57 Applicant Presentation Jim Ullman, senior land development engineer with Morrison-Maierle Engineering, explained his disagreement with the denial of the lighting relaxation. He clarified the difference between Kelvin and lumens. He provided background on the developer's LED parking lot lights. 02:47:50 Questions of applicant 02:57:02 Public Comment Mayor Andrus opened this item for public comment. 02:59:51 Andy Willett, Public Comment Andy Willett, lawyer with McLean, Younkin and Willett, commented on behalf of the applicant representing the Bozeman Gateway Development Group in opposition to the denial of the lighting relaxation. 03:04:17 Evan Rainey, Public Comment Evan Rainey commented on the lighting code. 03:07:18 Staff clarification. 03:16:05 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. 11 Bozeman City Commission Meeting Minutes, April 13, 2021 Page 7 of 10 Terry Cunningham: Motion Jennifer Madgic: 2nd 03:16:52 Discussion DM Cunningham spoke in favor of the motion. He highlighted the most applicable findings to the plan review criteria. He noted the past light violations. He noted the street lighting standard listed in the staff report. He does hope there is a conversation between city staff and the developer to work out any outstanding issues. Cr. Madgic spoke in agreement with the staff recommendation. She noted it is an important infill area. Cr. Coburn spoke in support of the motion. He added relaxing the height requirement could encourage infill. Cr. Pomeroy spoke in support of the motion. Mayor Andrus spoke in support of the motion. She agreed with the staff finding that the lighting request does not meet the criteria. 03:32:51 Vote on the 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.The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.5 03:33:26 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 example parking.pdf Ordinance 2072 - Final.docx 03:34:34 Staff presentation City engineer, Taylor Lonsdale, presented the background of micromobility in Bozeman, the benefits of micromobility, the amended Bozeman Municipal Code, and the pilot parking project. 03:42:31 Questions of staff 03:57:14 Public Comment Mayor Andrus opened this item for public comment. 12 Bozeman City Commission Meeting Minutes, April 13, 2021 Page 8 of 10 03:57:17 Mayor Andrus extended the meeting until 10:15pm. 03:59:52 Nate Larson, Public Comment Nate Larson commented in support of Ordinance 2072 and the safety of bicyclist and scooters. 04:01:51 Evan Rainey, Public Comment Evan Rainy commented on the possibility of receiving a DUI on a micromobility device. 04:03:22 Clarification from staff 04:04:53 Motion 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. Jennifer Madgic: Motion Christopher Coburn: 2nd 04:05:35 Discussion Cr. Madgic spoke in support of the Ordinance. She noted it is a good thing to provide regulatory structure to this industry. She feels the City needs to take up the issue of overall safety at another time. Cr. Coburn spoke in support of the Ordinance. He spoke in support of the pilot parking program. He feels the use of micromobility could help deter driving in some cases. Cr. Pomeroy spoke in support of the Ordinance. She is happy the City worked with the local business owners. DM Cunningham spoke in support of the Ordinance. He noted replacing vehicle travel benefits the climate plan and parking availability. He also noted different types of vehicles and education could create conflict. He believes there will need to be an education campaign to go along with increased micromobility. He would like to explore a bicycle boulevard connection between Downtown and MSU. Mayor Andrus spoke in support of the Ordinance. She believes it was wise to wait a year to implement informed regulations. She agrees with DM Cunningham's idea of a bicycle boulevard. She would like the Parking Committee to be presented with the Ordinance. She would like to explore working with MSU to create another type of pilot program regarding scooters. 04:14:05 Vote on the Motion 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. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 13 Bozeman City Commission Meeting Minutes, April 13, 2021 Page 9 of 10 J)04:14:26 Appointments J.1 Appointments to the Fire Code Board of Appeals 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 04:14:53 Public Comment There were no public comments on this item. 04:16:47 Motion to appoint Reed Jones to a term expiring December 31, 2021 and to appoint Shannon Foley, Robert Lashaway, and Duane Morris to terms expiring December 31, 2022. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:17:13 Vote on the Motion to appoint Reed Jones to a term expiring December 31, 2021 and to appoint Shannon Foley, Robert Lashaway, and Duane Morris to terms expiring December 31, 2022,The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K)04:17:29 FYI / Discussion DM Cunningham commented on single-use disposable bags. He would like a member of staff to reach out to the public commenter to learn more about the opportunity to partner with an outside group and come up with solutions for single-use plastic. CM Mihelich noted he is happy to meet with her regarding single-use plastic. L)04:18:58 Adjournment ___________________________________ Cynthia L. Andrus Mayor 14 Bozeman City Commission Meeting Minutes, April 13, 2021 Page 10 of 10 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk 15 Bozeman City Commission Meeting Minutes, April 20, 2021 Page 1 of 14 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, April 20, 2021 Present:Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent:None Staff Present in the Webex:City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A)00:06:15 Call to Order -6:00 PM -WebEx Videoconference B)00:09:17 Pledge of Allegiance and a Moment of Silence C)00:09:56 Changes to the Agenda There were no changes to the agenda. D)00:10:11 FYI DM Cunningham noted the public meetings related to the removal of regulatory barriers to affordable housing. Cr. Pomeroy noted the City-County Board of Health meeting on April 22, 2021 at 7:00 am. Cr. Coburn offered his congratulations to the award winners at the Prospera Awards luncheon. He shared his gratitude for the events of this past weekend. CM Mihelich noted the signing of legislation to remove a tool utilized in the furtherance of affordable housing. He highlighted the City's Covid-19 Business Relief Fund provided to 50 local businesses. E)00:15:18 Commission Disclosures Cr. Pomeroy noted she met with the Meadow Creek neighborhood. 16 Bozeman City Commission Meeting Minutes, April 20, 2021 Page 2 of 14 F)00:15:41 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to Sign a Release and Reconveyance of Easements, Releasing Document 2702994, and a Sewer and Water Pipeline and Access Easement and Agreement with Bozeman Boulder LLC for the Palisades Condominium Project (20117) Release and Reconveyance Sewer & Water Pipeline and Access Easement & Agreement F.3 Ratify the Signatures of the City Manager and the Chief of Police on a Memorandum of Understanding Committing to Collaborate on the Gallatin Project, an Effort to Sustain a Community Free From Fear of Family Violence, Sexual Assault, and Intimidation Memorandum of Understanding F.4 Authorize the City Manager to Execute an Assignment Agreement and its Incorporated Documents with Glen Kraft Assignment Agmt_signedbyKraft Consideration Document_signedbyKraft F.5 Authorize the City Manager to Sign a Fiscal Year 2022 Montana State University (MSU) Fire Service Agreement City of Bozeman FY 22 Interlocal Agreement - Montana State University (MSU) - Fire Safety Services.pdf F.6 Authorize City Manager to Sign a Professional Services Agreement with WBI Energy Corrosion for Cathodic Protection System Testing Cathodic Protection Testing PSA.docx Exhibit A - Scope of Services.pdf F.7 Authorize the City Manager to Sign a Professional Services Agreement for Engineering Service with Consulting Design Solutions, INC. for Story Mill Community Center HVAC Renovation Professional Services Agreement for Engineering Service, Story Mill Community Center HVAC Renovation.pdf PSA Exhibit A - Story Mill Community Center HVAC Renovation.pdf F.8 Authorize the City Manager to Sign an Addendum to Professional Agreement for Swim Center Janitorial Services First Addendum to Professional Services Agreement for Recreation Facility Janitorial Services_2021.pdf Scope of Services Attachment A_2021.pdf 18- Professional Services Agreement - Above and Beyond Janitorial - Swim Center Janitorial Services.pdf F.9 Authorize the City Manager to Sign an Amendment 4 to the Professional Services Agreement for the 2018-2021 Materials Testing Contract with Morrison-Maierle, Inc. for the Purpose of Obtaining Materials Testing on Various City Projects for the 2021 Construction Season 17 Bozeman City Commission Meeting Minutes, April 20, 2021 Page 3 of 14 Amendment 4.pdf 18- Professional Services Agreement - Morrison-Maierle, Inc. - 2018 to 2021 Materials Testing.pdf F.10 Resolution 5290, Intent to Create Special Improvement Lighting District 764 for Walker Property Sub Lot 3 Block 5 P.U.D. Resolution 5290 Intent to Create SILD 764-Walkder Property Sub Lot 3 Blk 5 PUD.docx Exhibit A-Walker Property Sub Lot 3 Blk 5 PUD.pdf Exhibit B-Walker Property Sub Lot 3 Blk 5 PUD.pdf F.11 Resolution 5295, a Resolution of the City Commission of the City of Bozeman, Montana, Confirming the Appointment of Police Officers in Accordance with Montana Code Annotated 7-32-4108 and 7-32-4113 Resolution 5295 F.12 Resolution 5296, Intent to Create a Special Improvement Lighting District 765 for Haven Shelter Resolution 5296 Intent to Create SILD 765-Haven Shelter.docx Exhibit A-Haven Shelter SILD 765.pdf Exhibit B-Haven Shelter SILD 765.pdf F.13 Resolution 5298, Authorizing Change Order No. 1 to the WRF Solids Dewatering Building Expansion and Headworks Improvement Project Resolution 5298_CO No. 1_WRF Solids Handling_040821 CO 1_Wrf Solids Handling F.14 Resolution 5299, Authorizing Prime Change Order 10 with Langlas and Associates for Construction of the Bozeman Public Safety Center Resolution_5299 CO10.docx BPSC Job No. 19426 Prime CO #10 R1 signed STL.pdf 19426 Change Estimate Log 04.01.21.pdf F.15 Resolution 5300, Authorizing Prime Change Order 11 with Langlas and Associates for Construction of the Bozeman Public Safety Center Resolution_5300 CO11.docx BPSC Job No. 19426 Prime CO #11 signed STL.pdf 19426 Change Estimate Log 04.01.21.pdf F.16 Ordinance 2061, Final 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 Ordinance 2061 - Definition of front setback Final Adoption.docx F.17 Ordinance 2073, Final Adoption Amending Chapter 22, BMC, Creating a Second Full Time Elected Office of Municipal Court Judge Ordinance 2073 Final - Second Read.pdf SB0127.pdf 00:15:52 City Manager Introduction 18 Bozeman City Commission Meeting Minutes, April 20, 2021 Page 4 of 14 CM Mihelich provided the highlights of the Consent Agenda. 00:16:25 Public Comment There were no public comments on the Consent Agenda. 00:19:29 Motion to approve Consent items 1-17 as submitted. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:19:53 Vote on the Motion to approve Consent items 1-17 as submitted.The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G)00:19:58 Public Comment Mayor Andrus opened general public comment. She requested commenters on action items hold their comments until the items are up on the agenda. 00:23:13 Heidi Genito, Public Comment Heidi Genito commented on the shortage of housing in Bozeman. H)00:26:26 Action Items H.1 00:26:33 Resolution 5261, Amending the Fiscal Year 2021 (FY21) Budget for the Community Housing Fund for the Purpose of Impact Fee Reimbursement for Emergency and Transitional Housing Projects Resolution 5261 Budget Amendment Community Housing Fund.docx HFV impact fee reimbursement request.pdf Haven Impact Fees.pdf 00:26:48 Staff Presentation Finance Director Kristin Donald presented the resolution background and the remaining funds available. 00:28:42 Questions of Staff 19 Bozeman City Commission Meeting Minutes, April 20, 2021 Page 5 of 14 00:30:39 Public Comment There were no public comments on this item. 00:33:54 Motion to approve Resolution 5261 Amending the Fiscal Year 2021 (FY21) Budget for the Community Housing Fund for the Purpose of Impact Fee Reimbursement for Emergency and transitional Housing Projects. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:34:08 Discussion 00:39:38 Vote on the Motion to approve Resolution 5261 Amending the Fiscal Year 2021 (FY21) Budget for the Community Housing Fund for the Purpose of Impact Fee Reimbursement for Emergency and transitional Housing Projects.The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.2 00:39:55 South University District Phase 3 Amended Preliminary Plat and Subdivision Variance to Revise Conditions of Approval for Application 19090, a 10 Lot Major Subdivision Located Southeast of the Intersection of Kagy Boulevard and S. 19th Avenue, Relating to Installation of Infrastructure and On-Site Construction, Application 21066 (Quasi-judicial) 21066 CC Staff Report - Final.pdf Application Packet for Agendas.pdf 19- Findings of Fact and Order - South University District Phase 3 Major Subdivision, Application 19090.pdf IA SUD Ph3 - CC DRAFT 4-9-2021.docx 00:40:12 Staff Presentation Community Development Program Manager Chris Saunders presented application 21066. He presented the requested changes to conditions of approval and a subdivision variance. He presented the proposed amendments to the preliminary plat related to infrastructure phasing, the noticing requirements, there have been no public comments, and the recommendations of staff and the Planning Board. 20 Bozeman City Commission Meeting Minutes, April 20, 2021 Page 6 of 14 00:44:09 Questions of Staff 00:52:29 Applicant Presentation Cordell Poole from Stahly Engineering presented on behalf of the applicant. He presented the efforts to work with staff to develop infrastructure simultaneously with development. He stated he has read the staff report and agrees with all conditions. 00:54:40 Questions of Applicant 00:55:26 Public Comment Mayor Andrus opened this item for public comment. 00:57:26 Jerry Pape, Public Comment Jerry Pape commented on his own behalf, as a consultant and broker for the South University District. He commented on the amount of work done in furtherance of large planning projects like the South University District. 01:02:44 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 21066 and move to approve the subdivision variance to Article 38.270 with conditions and subject to all applicable code provisions. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:03:18 Discussion Cr. Pomeroy provided findings in support of the motion. DM Cunningham provided findings in agreement with staff's findings that the application meets the City's required criteria. Cr. Madgic stated her support for the motion and agreement with previous findings. She noted the complexity of a large scale development and a phasing strategy. Cr. Coburn stated his support for the motion and agreement with staff's findings. Mayor Andrus stated her support for the motion. 01:08:24 Vote on the 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 21066 and move to approve the subdivision variance to Article 38.270 with conditions and subject to all applicable code provisions.The Motion carried 5 – 0. Approve: Cyndy Andrus 21 Bozeman City Commission Meeting Minutes, April 20, 2021 Page 7 of 14 Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 01:08:46 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 21066 and move to approve the subdivision with conditions and subject to all applicable code provisions. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:09:19 Discussion Cr. Pomeroy stated her support for the motion. 01:10:23 Vote on the 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 21066 and move to approve the subdivision with conditions and subject to all applicable code provisions. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.3 01:10:45 Buffalo Run Annexation, Adoption of Resolution 5284, and Zone Map Amendment, Provisional Adoption of Ordinance 2069, Annexing and Zoning 20.79 Acres Located at 5400 Fowler Lane, and Establishing an Initial Zoning Designation of R-4, Residential High Density District, and Authorize City Manager to Sign the Buffalo Run Annexation Agreement and Easement for Fowler Lane. 21076 Buffalo Run Annx-ZMA CC Staff Report.pdf 21076 Buffalo Run ZC App Packet.pdf 21076 Buffalo Run Annx Res 5284.docx Annexation Map 02-23-2021.pdf 22 Bozeman City Commission Meeting Minutes, April 20, 2021 Page 8 of 14 21076 Buffalo Run AA final with applicant signatures.pdf Annexation Map 02-23-2021.pdf Public Street and Utility Easement_Buffalo Run w app signatures.pdf 6475002 PUBLIC STREET EASEMENT - Exhibit.pdf 21076 Buffalo Run ZMA ord 2069.docx Initial Zoning Map 02-23-2021.pdf 20210316_Kurk Drive volume memo.pdf 01:11:04 Staff Presentation CM Mihelich provided background on the project. Program Manager Saunders presented the application 21076, entered the staff report and attachments, application materials, Zoning Commission recommendation, all the public comment, and packet materials into the record. He presented the action before the Commission tonight and noted this portion of the process does not authorize any construction. He presented the project context, the Growth Policy Future Land Use Map (FLUM) and its applicable category of Urban Neighborhood, the annexation pattern since 2000, nearby City zoning, utilities and land use plan boundaries, existing and planned City sewer and water pipes, and a neighboring excerpt from the City Transportation Master Plan. He presented the review criteria and staff analysis, and the review purposes of annexation and zone map amendment. He presented the annexation goals and policies from Resolution 5076, the zoning criteria for state statute, the correlated implementing zoning allowable by the FLUM, a comparison of neighboring R-1 and R-4 zoning, the proximity of higher intensity zoning to unincorporated areas, the character of the district, and what a zone map amendment does and does not commit the City to. He presented the public comments received and recommendations of staff and the Zoning Commission. 01:41:41 Questions of Staff 02:49:13 Staff Clarification Mayor Andrus requested the clarification on the protest threshold and the impact on the action tonight. 02:50:51 Meeting went into Recess 02:52:33 Meeting Reconvened 02:52:42 Applicant Presentation Derek Williams, property owner and applicant, his partner Courtney McRickard, and Rob Pertzborn from Intrinsik Architecture presenting the application. Mr. Perzborn presented the urban service boundaries, the on-the-ground views, a 2005 aerial view photo, a 2020 aerial view photo, potential future developments in the area, the FLUM w Transportation Master Plan overlay, the Community Plan's definition of urban neighborhood, the area map, allowable uses in R-4 zoning, what the applicant's vision for the development could be, a concept plan, current zoning, possible future zoning, wetlands and watercourses, potential future development in the area, applicable 2020 Community Plan goals, 23 Bozeman City Commission Meeting Minutes, April 20, 2021 Page 9 of 14 applicable Community Housing Action Plan strategies, applicable Bozeman Climate Plan strategies, and the approximate project schedule. 03:03:31 Questions of Applicant 03:31:04 Clarification of Applicant Derek Williams provided clarification on the applicant's water and sewer studies results. He provided an explanation of responses to public comments from their initial application that was withdrawn. 03:36:02 Public Comment Mayor Andrus opened this item for public comment. 03:40:50 Lucas Foust, Public Comment Lucas Foust commented in favor of development at the R-3 zoning level. He highlighted the traffic concerns on Kurk Drive. 03:43:01 David Parker, Public Comment David Parker commented as the Meadow Creek HOA Vice President in opposition to the development of an R-4 zoning at this site as not in conformance with the Growth Policy. 03:45:16 Joan Cook, Public Comment Joan Cook commented in opposition to the application. 03:48:04 Lavonne Rus-Ogilvie, Public Comment Lavonne Rus-Ogilvie commented in opposition to the application. 03:50:10 Steve Krezminski, Public Comment Steve Krzminski commented in opposition to the application. 03:53:14 Brian Koukol, Public Comment Brian Koukol commented in opposition to the application and recommended R-3 zoning. 03:56:00 Laura Miles, Public Comment Laura Miles commented as a member of the Meadow Creek HOA Board of Directors in opposition to the application and recommended R-3 zoning. 03:59:12 Alzada Roche, Public Comment Alzada Roche commented in support of the R-4 application. 04:02:02 Meeting Extended Mayor Andrus extended the meeting until 10:45 PM. 24 Bozeman City Commission Meeting Minutes, April 20, 2021 Page 10 of 14 04:02:02 Craig Ogilvie, Public Comment Craig Ogilvie commented in opposition to the application. He recommended R-3 zoning. 04:05:01 Bruce Parker, Public Comment Bruce Parker, President of Meadow Creek HOA, commented in opposition to the application. 04:07:29 Diane Brawner, Public Comment Diane Brawner, adjoining property owner, commented in opposition to R-4 zoning. 04:11:02 Dave Owen, Public Comment Dave Owen commented in opposition to the application. 04:13:26 William Smallen, Public Comment William Smallen commented in opposition to R-4 zoning and recommended R-3 zoning. 04:16:18 Mark Koscinski, Public Comment Mark Koscinski commented in opposition to the application for R-4 zoning. 04:20:00 Ursula Neese, Public Comment Ursula Neese commented in opposition to the application. 04:23:05 Lorre Jay, Public Comment Lorre Jay commented in opposition to the application. 04:27:14 Martha Koscinski, Public Comment Martha Koscinski commented in opposition to the application. 04:30:16 Forrest Schoessow, Public Comment Forrest Shoessow commented in opposition to the application. 04:33:52 Colin Ogilvie, Public Comment Colin Ogilvie commented in opposition to the application. He opined that the process appears one- sided. 04:36:44 Stacey Deck, Public Comment Stacey Deck commented in opposition to the application. 04:39:28 Kate Ryan, Public Comment Kate Ryan commented in opposition to the application for R-4 zoning. 04:40:59 Molly Siverts, Public Comment Molly Siverts commented in opposition to the application and recommended R-3 zoning. 25 Bozeman City Commission Meeting Minutes, April 20, 2021 Page 11 of 14 04:43:28 Brett Gunnink, Public Comment Brett Gunnink commented in opposition to the application. 04:44:57 Tom Kubit, Public Comment Tom Kubit commented in opposition to the application. 04:46:56 Meeting Extended and Called to recess. Mayor Andrus extended the meeting until 11:15 and called for a brief recess. 04:54:18 Call to Order Mayor Andrus called the meeting back to order. 04:54:48 Response of Applicant Derek Williams, Courtney McRickard, and Rob Pertzborn responded to public comments. 04:58:11 Response of Staff CM Mihelich responded to public comments. 05:00:36 Process Clarification Mayor Andrus asked if the Commission wanted to continue the item. 05:04:55 Staff Clarification CA Sullivan clarified what continuation of the item would mean for the decision making process. CM Mihelich noted the considerations related to continuation. 05:07:13 Commission Discussion on Continuation 05:11:26 Motion to extend the meeting until 11:35 PM. Terry Cunningham: Motion Christopher Coburn: 2nd 05:12:13 Vote on the Motion to extend the meeting until 11:35 PM.The Motion carried 3 – 2. Approve: Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: Cyndy Andrus 26 Bozeman City Commission Meeting Minutes, April 20, 2021 Page 12 of 14 Jennifer Madgic 05:12:07 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings related to annexation presented in the staff report for application 21076 and move to approve Resolution 5284, the Buffalo Run Annexation and Authorize the City Manager to Sign the Buffalo Run Annexation Agreement and Easement for Fowler Lane. Terry Cunningham: Motion Jennifer Madgic: 2nd 05:12:38 Discussion DM Cunningham presented findings in agreement with staff. He stated disagreement with public comments that the City was creating allowances for the developer. He will support annexation. Cr. Madgic stated she is unlikely to support the motion. She provided findings citing the Gallatin County Growth Policy and the Bozeman Growth Policy in contradiction of staff's findings. She stated this appears to be leap-frog development, and fosters sprawl development. She noted the transit and walkability scores as deficient. She stated her opinion that this will take a leap-of-faith for necessary development and that the current County zoning is appropriate for the property at this time. Cr. Coburn stated his support for the motion. He stated agreement with staff and the Deputy Mayor's findings. He stated his opinion that high density development will help spur transit options and commercial nodes in the area. Cr. Pomeroy stated her understanding of the concerns of the neighborhood and the housing crisis. She stated her support for the motion. Mayor Andrus noted the requirements contained within the annexation agreement. She provided findings in agreement with the annexation policies and the Growth Plan. She cited the Gallatin County Growth Policy and the Bozeman Area Plan in support for the annexation application. During the vote on this item, Commissioner Pomeroy experience a brief technical issue and rejoined the meeting. 05:38:38 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings related to annexation presented in the staff report for application 21076 and move to approve Resolution 5284, the Buffalo Run Annexation and Authorize the City Manager to Sign the BuffaloRun Annexation Agreement and Easement for Fowler Lane.The Motion carried 4 – 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn 27 Bozeman City Commission Meeting Minutes, April 20, 2021 Page 13 of 14 Disapprove: Jennifer Madgic 05:39:59 Motion to extend the meeting until 11:59 PM. Terry Cunningham: Motion Christopher Coburn: 2nd 05:40:43 Vote on the Motion to extend the meeting until 11:59 PM.The Motion carried 3 – 1. Approve: Terry Cunningham Jennifer Madgic Christopher Coburn Disapprove: Cyndy Andrus Absent: I-Ho Pomeroy 05:41:32 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings related to zoning presented in the staff report for application 21076 and move to provisionally adopt Ordinance 2069, the Buffalo Run Zone Map Amendment. Terry Cunningham: Motion Jennifer Madgic: 2nd 05:41:58 Discussion DM Cunningham presented findings in agreement with staff's findings. He stated higher density development is necessary to spur future infrastructure improvements. He stated R-4 is compatible in this area. Cr. Madgic stated she will not support R-4 zoning at this time. Cr. Coburn stated he will support the motion and agreed with staff findings. He stated the R-4 zoning is supported by the applicable plans and growth policies. Cr. Pomeroy stated agreement with DM Cunningham and Cr. Coburn. She stated the way to preserve open space is through high density. She stated she will support the motion. Mayor Andrus stated she will support the R-4 zoning. She highlighted how this plan complies with the City's Growth Policy and Gallatin County's growth documents in the promotion of health, safety, and basic services. She stated that R-4 zoning meets the requirements. She provided comments on the character of the district. She noted that transportation availability is not a prerequisite. 28 Bozeman City Commission Meeting Minutes, April 20, 2021 Page 14 of 14 06:04:10 Motion to extend the meeting to 12:09 AM. Terry Cunningham: Motion Christopher Coburn: 2nd 06:04:21 Vote on the Motion to extend the meeting to 12:09 AM.The Motion carried 4 – 1. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: Cyndy Andrus 06:04:48 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings related to zoning presented in the staff report for application 21076 and move to provisionally adopt Ordinance 2069, the Buffalo Run Zone Map Amendment.The Motion carried 4 – 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: Jennifer Madgic I)06:05:23 FYI / Discussion J)06:05:35 Adjournment 29 Bozeman City Commission Meeting Minutes, April 27, 2021 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES April 27, 2021 Present: Mayor Andrus, Deputy Mayor Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Staff Present in the WebEx: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Jesse DiTommaso A)00:07:10 Call to Order -6:00 PM -WebEx Videoconference B)00:07:18 Pledge of Allegiance and a Moment of Silence C)00:07:57 Changes to the Agenda There were no changes to the agenda. D)00:08:04 FYI Mayor Andrus encouraged the community to join the Water Conservation Challenge by pledging to save water. DM Cunningham encouraged the community to get vaccinated. CM Mihelich highlighted the progress on equity and inclusion work within the City, including the GAPS analysis. E)00:12:32 Commission Disclosures There were no commission disclosures. F)00:12:38 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to Sign a Notice of Award to CK May Excavating, Inc. for Construction of the Griffin Drive and Manley Road Street and Stormwater Improvements GriffinManley_Notice_of_Award.pdf GriffinManley_Bid_Recommendation_040921.pdf F.3 Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement and a Utility Easement with Swissdetail Inc. for the Swiss Plaza Site Plan (20372) 30 Bozeman City Commission Meeting Minutes, April 27, 2021 Page 2 of 10 Sewer and Water Pipeline and Access Easement and Agreement Utility Easement F.4 Authorize the City Manager to Sign a Public Access Easement and a Utility Easement with Bridger Veterinary Facility, LLC for the Bridger Veterinary Specialty Hospital Site Plan Project (20394) Public Access Easement Utility Easement F.5 Authorize the City Manager to Sign a Public Access Easement and Two Sewer and Water Pipeline and Access Easement and Agreements with Cottonwood Project, LLC for the Cottonwood Apartments Site Plan Projects (20390, 20391, and 20392) Public Access Easement Sewer and Water Pipeline and Access Easement and Agreement -Lot 1 and 2 Block 3 and OS Sewer and Water Pipeline and Access Easement and Agreement - Lot 1 Block 6 F.6 Authorize the City Manager to Sign a Professional Services Agreement with Sprout, Inc. for Median and Grounds Maintenance Services Professional Services Agreement Location Specific Scope of Services Sprout Quote F.7 Authorize the City Manager to Sign a Professional Services Agreement with Corrpro (Aegion) for Annual Inspection of the Hilltop Tank Cathodic Protection System PSA with Corrpro for Hilltop Tank Inpsection.pdf Exhibit A 2021 Corrpro Proposal.pdf F.8 Authorize the City Manager to Sign an Amended Professional Services Agreement for a Lobbying Services for 2021-2022 Interim Legislative Session PSA Amendment for Lobbying Services--April 2021--John MacDonald Consulting.docx F.9 Authorize the City Manager to Sign a Task Order NE21-004 with Sanderson Stewart for the Cottonwood and Ida Parking Structure Pro Forma URD Task Order Form NE21-004.docx SOW_NE Parking Pro Forma_041421.pdf F.10 Ordinance 2072 Final 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 Ordinance 2072 - Final.pdf 00:12:43 City Manager Introduction CM Mihelich provided the highlights of the consent agenda. 00:14:07 Public Comment Mayor Andrus opened the meeting up for public comment on the Consent Agenda. 00:15:49 Emily Talago, Public Comment Emily Talago commented regarding empowering community members to participate in the legislature as a party of lobbying services, item F8. 00:18:05 Nick Allevato, Public Comment Nick Allevato commented in opposition to using tax money to pay for lobbying services, item F8. 31 Bozeman City Commission Meeting Minutes, April 27, 2021 Page 3 of 10 00:20:15 Motion to approve Consent Items 1-10 as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:20:31 Vote on the Motion to approve Consent Items 1-10 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G)00:20:55 Public Comment Mayor Andrus opened the meeting up for general public comment. 00:23:32 David Kack, Public Comment David Kack commented on the importance of providing access to downtown. 00:25:01 Nick Allevato Nick Allevato commented on public transportation. H)00:26:32 Mayoral Proclamation H.1 Mayoral Proclamation Proclaiming Arbor Day Bozeman Arbor Day Proclamation.docx Mayor Andrus proclaimed April 30, 2021 as Arbor Day. I)00:28:49 Action Items I.1 00:28:52 Resolution 5301, Establishing Fees for Commercial Shared Micromobility Businesses Resolution 5301, Commercial Shared Micromobility License Fee.docx 00:30:19 CM Introduction 00:30:35 Staff Presentation City Engineer Taylor Lonsdale presented the Resolution 5301. He presented the fee amount of $300 per year, how the amount was determined, and the staff recommendation. 00:31:57 Questions of Staff Cr. Madgic asked if the $300 license fee is similar to other types of license fees. She asked for elaboration on other fees. Cr. Coburn asked if the fee takes into account any public education efforts related to micromobility. 32 Bozeman City Commission Meeting Minutes, April 27, 2021 Page 4 of 10 Cr. Pomeroy asked if the $300 micromobility fee includes the annual business license fee. DM Cunningham asked if a fee adjustment would need to come before the Commission again for approval. 00:38:40 Public Comment Mayor Andrus opened this item up for public comment. 00:40:26 Emily Talago, Public Comment Emily Talago commented in opposition of a fee for private enterprises use of public infrastructure. 00:43:31 Further Questions of Staff DM Cunningham asked how micromobility businesses differ from bike or car rental businesses. 00:44:15 Clarification of Staff 00:45:48 Motion Approve Resolution 5301, establishing fees for commercial shared micromobility businesses. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:46:16 Discussion 00:48:52 Vote on the Motion to free form Approve Resolution 5301, establishing fees for commercial shared micromobility businesses. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.2 00:49:13 Resolution 5293, Allocating Cash-in-Lieu of Parkland Funds to Complete the Bogert Park Court Renovation Project Resolution 5293 - Bogert Park Court Renovation.pdf Attachment A Bogert_Park_Master_Plan_1992.pdf Attachment B Community Letters of Support.pdf 00:49:18 City Manager Introduction 00:49:46 Staff Presentation 33 Bozeman City Commission Meeting Minutes, April 27, 2021 Page 5 of 10 Parks and Recreation Director Mitch Overton and Parks and Trails Contracts Coordinator Luke Kline presented Resolution 5293. Director Overton presented the background of the project. Mr. Kline presented the strategic plan objectives that align with the project, current project map, the current state of the Courts at Bogert, the project details, funding, timeline and the staff recommendation. 01:01:39 Questions of Staff Cr. Coburn asked if the courts will be free to the public. Cr. Pomeroy asked how many pickleball courts Bozeman currently has. She asked if there is a future plan to increase the number of pickleball courts. DM Cunningham asked about cost of entry for pickleball. He asked about the weather limitations. He asked about the finding of a pickle ball as a community wide asset. Cr. Madgic asked if any tennis players have reached out about losing the loss of Bogert Courts. She asked if the South Side Courts will then be exclusively tennis courts. Mayor Andrus asked about group use and reservation of the courts. 01:11:51 Public Comment Mayor Andrus opened this item up for public comment. 01:13:31 Sue Olson, Public Comment Sue Olson commented in support of Resolution 5293 as the Bozeman USA Pickleball Ambassador and a member of the Bozeman Pickleball Committee. 01:16:29 Pat Martin, Public Comment Pat Martin commented in support of Resolution 5293. He also commented on parking available at Bogert. 01:18:21 Terry Quatraro, Public Comment Terry Quatraro commented in support of Resolution 5293 as a member of the Pickleball Committee. 01:21:35 Frank Sietz, Public Comment Frank Seitz commented in support of Resolution 5293. 01:24:34 Nick Allevato, Public Comment Nick Allevato commented in opposition to Resolution 5293. 01:27:46 Motion Move to approve Resolution 5293 to allocate $199,577.60 in cash-in-lieu of parkland funds for construction of improvements related to the Bogert Park Court Renovations. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:28:02 Discussion 34 Bozeman City Commission Meeting Minutes, April 27, 2021 Page 6 of 10 01:40:40 Vote on the Motion to approve Move to approve Resolution 5293 to allocate $199,577.60 in cash-in-lieu of parkland funds for construction of improvements related to the Bogert Park Court Renovations.The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 01:40:57 Meeting went into Recess 01:46:54 Meeting Reconvened I.3 01:47:00 Resolution 5292, Establishing "Engage Bozeman" as the City's Community Engagement Framework to Broaden and Deepen Public Participation in City Government Resolution 5292 Engage Bozeman.docx Engage Bozeman Final Draft 4.16.21.pdf 01:47:04 CM Introduction 01:47:21 Staff Presentation CM Mihelich, Communications Coordinator Melody Mileur, and Neighborhoods Program Coordinator Dani Hess presented on the purpose of engagement, guiding principles, definitions, and decision making. They presented the goals of the current public engagement initiative, feedback from the community regarding the engagement process, and next steps. They presented on when and how to use community engagement. They presented Staff's recommended motion. 02:05:44 Questions of Staff Cr. Pomeroy asked about the engagement toolbox and implementation. She asked if the City is working toward more public engagement. DM Cunningham asked how many people in the City will receive the IAP2 training and how those people are chosen. He asked if they foresee more public engagement similar to the Sourdough Fuels Reduction Project. He asked if the City will be looking at how to reach people who will be impacted by specific projects. Cr. Madgic asked what the expectation of staff is on public comment emails. Mayor Andrus asked what has been learned from piloting the framework. Cr. Coburn asked how this framework might address systemic barriers to public engagement. Mayor Andrus asked if there is an opportunity for elected official IAP2 training. 35 Bozeman City Commission Meeting Minutes, April 27, 2021 Page 7 of 10 Cr. Madgic asked how the City will address the technology barrier. Cr. Pomeroy also voiced concern about the technology barriers. 02:31:08 Public Comment Mayor Andrus opened this item up for public comment. 02:33:11 Nick Allevato, Public Comment Nick Allevato commented in support of Resolution 5292. 02:35:31 Jason Delmue, Public Comment Jason Delmue commented on the difficulties of engagement specifically on projects around planning for the future of the whole community. 02:38:42 Motion I move to approve Resolution 5292 establishing "Engage Bozeman" as the City's community engagement framework to broaden and deepen public participation in city government. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 02:39:08 Discussion 02:50:47 Vote on the Motion to approve I move to approve Resolution 5292 establishing "Engage Bozeman" as the City's community engagement framework to broaden and deepen public participation in city government. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J)02:51:02 Work Session J.1 02:51:12 Parking Work Session City Commission Parking Engagement Memo April 27.doc 02:51:13 CM Introduction 02:53:20 Staff Presentation Interim Parking Manager, Michael Veselik, presented on the values, proposed feedback, and solutions for the Residential Parking Permit District and the Downtown Parking area. He presented the Parking Commission Work Plan and Questions for the City Commission Work Session. 36 Bozeman City Commission Meeting Minutes, April 27, 2021 Page 8 of 10 03:13:38 Questions DM Cunningham asked about the technology we use to learn permit status. He asked who could be considered partners. He asked about the range of the types of permits. He asked about side boards. He asked about accessibility. He asked about fines and fees. Cr. Madgic asked which part of the work plan safety fits into and if any accidents have come up in the parking discussions. She asked about the role of affordability in parking. Cr. Coburn asked where an assessment of equity would fall in this work plan. He would like to see equity elevated in the work plan. Mayor Andrus asked about prioritization of items on the work plan. She noted the approach taken on the 2016 parking work plan. Cr. Pomeroy asked about enforcement downtown. She asked collaboration and cooperation with the county, downtown business association, and other potential partners. She asked about discount employee permits in the garage. Cr. Coburn asked about privacy concerns. 03:43:05 Public Comment 03:45:00 Sunshine Ross, Public Comment Sunshine Ross, the Streamline Transportation Director, expressed her appreciation for the parking work sessions.She commented on her support of multimodal transportation. 03:47:33 Emily Talago, Public Comment Emily Talago commented on the engagement platform and noted she feels that parking is an amenity and an obligation of the City. 03:50:56 Kathy Powell, Public Comment Kathy Powell commented on the restoration of trust through this parking engagement process. She commented on visitor permits, transparency, enforcement, and the use of multimodal transportation. 03:53:45 Kelly Pohl, Public Comment Kelly Pohl commented on the complexities of parking. 03:56:01 Discussion 03:59:33 Meeting extended until 10:10 All Commissioners and the Mayor endorsed the parking work plan with the elevation of equity as a priority. K)04:04:18 FYI / Discussion There were no additional FYIs. 37 Bozeman City Commission Meeting Minutes, April 27, 2021 Page 9 of 10 L)04:04:37 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: 38 Bozeman City Commission Meeting Minutes, April 27, 2021 Page 10 of 10 39 Memorandum REPORT TO:City Commission FROM:Levi Stewart, Accounts Payable Clerk Kristin Donald, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:May 11, 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 29, 2021 40 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Engineer I Shawn Kohtz, PE, City Engineer SUBJECT:Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with the Cottonwood Project, LLC for the Cottonwood Apartments Area A Site Plan (20390) MEETING DATE:May 11, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a conditional irrevocable offer of dedication with the Cottonwood Project, LLC for the Cottonwood Apartments Area A Site Plan (20390). 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: Irrevocable Offer of Dedication Report compiled on: April 23, 2021 41 42 43 44 45 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Engineer I Shawn Kohtz, PE, City Engineer SUBJECT:Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with the Cottonwood Project, LLC for the Cottonwood Apartments Area C Site Plan (20392) MEETING DATE:May 11, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a conditional irrevocable offer of dedication with the Cottonwood Project, LLC for the Cottonwood Apartments Area C Site Plan (20392). 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: Irrevocable Offer of Dedication Report compiled on: April 23, 2021 46 47 48 49 50 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Shawn Kohtz, PE, City Engineer SUBJECT:Authorize the City Manager to Sign a Notice of Award to Knife River - Belgrade for Construction of the 2021 Street Improvements Project MEETING DATE:May 11, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a notice of award to Knife River - Belgrade for the 2021 Street Improvements Project Schedule 1 Thru 4 Base Bid plus miscellaneous work in the amount of $1,416,054.50. 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: pavement cold milling, hot mix overlays, seal coating, concrete improvements and pavement markings and incidental items. The contract is to be completed within 60 calendar days of the issuance of the notice to proceed. Bids for the above-referenced project were opened on April 27th with three bids being submitted. The low bid was submitted by Knife River - Belgrade in the amount of $1,326,054.50 for the base bid. The Bid Tabulation for the project is attached. In addition to the base bid, $90,000 has been included for miscellaneous work items including: materials testing, bike and pedestrian improvements, and additional street maintenance improvements as directed by the City. UNRESOLVED ISSUES:None. ALTERNATIVES:Disapprove. FISCAL EFFECTS:This project will be paid for with approved funding from the FY22 Street Maintenance Fund and Gas Tax Allocation. The contract documents specify that work may not begin until after July 1, 2021. Attachments: 51 Bid Sheet - 2021 Street Improvements Project.pdf AWARD.docx Report compiled on: April 27, 2021 52 Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total: Warton Asphalt, LLC 24530 Yes Yes $1,526,172.15 Knife River - Belgrade 10089 Yes Yes $1,326,054.50 Treasure State, Inc. 157069 Yes Yes $1,433,303.13 Mike Maas Jesse DiTommaso Kellen Gamradt City Clerk Deputy City Clerk Engineer II Bid Check:Delivered to Finance:Accepted By:Date: 1 2 3 4 2021 Street Improvements Project (#7632599) These bids were opened and read before the undersigned at 2:00pm on Tuesday, April 27, 2021. DocuSign Envelope ID: FB68B988-F24E-4297-839D-34F41F0B2AF0 53 NOTICE OF AWARD Dated: __________________________ TO: Knife River - Belgrade ADDRESS: P.O. Box 9, Belgrade, MT 59714 PROJECT: City of Bozeman 2021 Street Improvements CONTRACT FOR: Schedules 1, 2, 3 & 4 You are notified that your Bid dated April27th, 2021, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for pavement cold milling, hot mix overlays, seal coating, Concrete Improvements, and pavement markings. The Contract Price of your Contract is:one million four hundred sixteen thousand fifty four and 50/100 Dollars ($1,416,054.50. Three copies of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by _______ . 1.You must deliver to the OWNER 3 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 (page 7), General Conditions (paragraph 5.01) and Supplementary Conditions (paragraph SC-5.02). 3.List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (paragraph 5.03) and Supplementary Conditions (paragraph SC-5.04). 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 one fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: __________________________________BY: ____________________________ (CITY MANAGER)(CITY CLERK) DATE: _______________________________ 54 Memorandum REPORT TO:City Commission FROM:Natalie Meyer, Sustainability Program Manager Jon Henderson, Director of Strategic Services SUBJECT:Authorize City Manager to Sign an Addendum 2 to a License Agreement with NorthWestern Energy for the Bozeman Solar Project at the Water Reclamation Facility Extending the Lease Term for an Additional Five Years MEETING DATE:May 11, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize City Manager to sign an addendum 2 to a license agreement with NorthWestern Energy for the Bozeman Solar Project at the water reclamation facility extending the lease term for an additional five years. STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND: On February 8, 2016 the City Commission approved a memorandum of understanding and license agreement with NorthWestern Energy (NWE), whereby the City licensed 2.3 acres at the Water Reclamation Facility for the 385 kW Bozeman Solar Project pilot. Further background on the Bozeman Solar Pilot Project can be found in the February 8, 2016 staff memo. Addendum 2 of the License Agreement will extend the term of the agreement for an additional five years. All other terms of the approved license agreement remain in effect. Since project completion, the Bozeman Solar Project has produced an average of 505,719 kWh of electricity per year, which is enough to offset the annual electric use of approximately 59 homes. The lifetime system production of 2,213,712 kWh has avoided 1,173 metric tons of carbon dioxide (CO2) emissions. This is equivalent to offsetting the CO 2 emissions from 255 passenger vehicles driven for one year. 55 The Bozeman Solar Project has been used by NorthWestern Energy and Montana State University to facilitate three senior engineering design capstone projects. Student projects have focused on the evaluation and testing of advanced inverters, optimization of solar orientation to better match utility load requirements, and using solar photovoltaics as acoustical sound barriers near roads, highways, and airports. Data points from the Bozeman Solar Project may be used as a reference to help inform current partnership work to develop a renewable energy rate option (i.e. green tariff) with NorthWestern Energy. The City of Bozeman remains committed to using the data from the pilot to help inform the development of a utility-led community solar program for customers. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the Commission. FISCAL EFFECTS:The addendum does not amend the financial terms of the license agreement. Attachments: Second Addedndum to Bozeman Solar Project License Agreement_20210511.pdf Report compiled on: April 29, 2021 56 Second Addendum to Bozeman Solar Project License Agreement Page 1 of 2 SECOND ADDENDUM TO BOZEMAN SOLAR PROJECT LICENSE AGREEMENT THIS SECOND ADDENDUM TO THE BOZEMAN SOLAR PROJECT LICENSE AGREEMENT (“Agreement”), dated the 8th day of February, 2016, is made and entered into this ____day of __________, 20___by and between the City of Bozeman, Montana, a self-governing municipal corporation organized and existing under its Charger and the laws of the State of Montana, 121 N. Rouse Street Bozeman, MT, with a mailing address of PO Box 1230 Bozeman, MT 59771 (the “City”) and NorthWestern Corporation, a Delaware corporation, d/b/a NorthWestern Energy, of 11 East Park Street, Butte, Montana 59701-1711 (“NorthWestern”, and collectively with the City the “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: A. PARAGRAPH 4. TERM OF LICENSE. The Parties hereby mutually agree to extend the term, as provided for in Paragraph 4 of said Agreement for an additional five (5) years. Thus, once full signed below, this Second Addendum shall serve to make the new termination February 28, 2026. The Parties agree to all other provisions of Paragraph 4 will remain in effect. B. PARAGRAPH 13. EQUAL OPPORTUNITY. Paragraph 13 shall be amended to add the following paragraph after the existing paragraph: “NWE 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.” C. PARAGRAPH 14. CONSENT TO ELECTRONIC SIGNATURES. A new paragraph 14 shall be added as follows: “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.” 57 Second Addendum to Bozeman Solar Project License Agreement Page 2 of 2 D. All other terms and conditions of the License Agreement shall remain valid and in full force and effect. ****END OF AGREEMENT EXCEPT FOR SIGNATURES**** IN WITNESS WHEREOF, the Parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA By: ______ Its:_ ____________________ _ NorthWestern Corporation, a Delaware Corporation d/b/a Northwestern Energy By: __ Roy Ishkanian Its: Manager - Land & Permitting 58 Memorandum REPORT TO:City Commission FROM:Anna Saverud, Assistant City Attorney Greg Sullivan, City Attorney SUBJECT:Resolution 5306, Confirming the Appointment of Lori Christenson as Interim Health Officer MEETING DATE:May 11, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Move to adopt Resolution 5306, confirming the appointment of Lori Christenson as Interim Health Officer as recommended by the Gallatin City- County Board of Health. STRATEGIC PLAN:3.2 Health & Safety Action: Work with our partners to improve education, public awareness, and to coordinate programs concerning emergency services, criminal justice, and important social services. BACKGROUND: The Montana Legislature passed House Bill 121 (“HB 121”) and it was signed into law by Governor Gianforte on April 16, 2021. Health Officers were previously appointed by the local health boards. This new law now requires a local health board make a recommendation for a health officer to the "local governing body," for approval. Both the City and County Commissions meet the definition for “local governing body” for the Gallatin City-County Board of Health. Health Officer Matt Kelley has provided notice of his resignation, effective June 2021 and the Board is in the process of recruiting a new Health Officer. To ensure continuity of operations of the Board, the Board seeks to appoint Lori Christenson as Interim Health Officer. Ms. Christenson is on staff of the Gallatin City-County Board of Health and currently serves as the Environmental Health Director. At the May 5, 2021, Board of Health meeting the Board will recommended and requests the City and County Commissions approve Ms. Christenson’s interim appointment. Resolution 5306 responds to the Board’s request and approves the appointment of Lori Christenson by the City Commission. UNRESOLVED ISSUES:None. 59 ALTERNATIVES:Have no interim Health Officer and leave the position vacant until permanently filled. FISCAL EFFECTS:None. Attachments: Resolution 5306 Appointing Interim Health Officer.pdf Report compiled on: May 4, 2021 60 RESOLUTION NO. 5306 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CONFIRMING THE APPOINTMENT OF LORI CHRISTENSON AS INTERIM HEALTH OFFICER. WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and Montana law to establish programs and laws to protect public the health, safety and welfare of the citizens of Bozeman; and, WHEREAS, the Gallatin City-County Board of Health (“Board”) was created by interlocal agreement between Gallatin County and the City of Bozeman; and, WHEREAS, the Gallatin City-County Health Officer (“Health Officer”), who oversees the operations of the Gallatin City-County Health department and its staff, was appointed by the Board pursuant to its duty at § 50-2-116(1)(a), MCA (2019), to appoint and fix the salary of a local health officer; and, WHEREAS, Health Officer Matt Kelley has provided notice of his resignation, effective in June 2021, and the Board is in the process of recruiting a new Health Officer; and, WHEREAS, to ensure the continuity of operations of the Gallatin City-County Health Department and the protection of the public health and environment, the Board recommends the appointment of an Interim Health Officer, to be effective upon the current Health Officer’s resignation if a candidate has not yet been hired to act as Health Officer in a permanent capacity; and, WHEREAS, the Montana Legislature recently passed, and Governor Gianforte signed into law, House Bill 121 (“HB 121”) which became immediately effective and rescinds the authority for local health boards to appoint a health officer; instead requiring local boards to recommend the appointment to the “governing body” for approval; WHEREAS, the Bozeman City Commission and the Gallatin County Commission qualify as a “local governing body” under HB 121 and the Board has recommend that the City and County Commissions approve the recommended appointment of Lori Christenson to serve as the Interim 61 Health Officer commencing June 7, 2021, if a permanent Health Officer has not yet been appointed at that time; and, WHEREAS, Lori Christenson qualifies to serve as Health Officer pursuant to § 50-2-116, MCA, as she is a person with a master’s degree in public health. NOW, THEREFORE, BE IT RESOLVED, that the Bozeman City Commission Lori Christenson be appointed and serve as the Interim Gallatin City-County Health Officer, commencing June 7, 2021, if a permanent appointment has not been made for the position of Gallatin City-County Health Officer. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana at a regular session thereof held on the 11th day of May, 2021. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ________________________________ GREG SULLIVAN City Attorney 62 Memorandum REPORT TO:City Commission FROM:Jeff Mihelich, City Manager Cynthia L. Andrus, Mayor SUBJECT:Mayoral Proclamation Proclaiming Mental Health Month MEETING DATE:May 11, 2021 AGENDA ITEM TYPE:Administration RECOMMENDATION:Proclaim May 2021 as Mental Health Month. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:A proclamation to bring awareness to mental health as essential to everyone's overall health and well-being and to call upon upon the citizens, government agencies, public and private institutions, businesses, and schools in Bozeman to commit our community to increasing awareness and understanding of mental health, the steps our citizens can take to protect their mental health, and the need for appropriate and accessible services for all people with mental health conditions. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by City Commission. FISCAL EFFECTS:None. Attachments: Proclamation May as Mental Health Month.docx Report compiled on: May 5, 2021 63 Proclamation Honoring May as Mental Health Month WHEREAS, mental health is essential to everyone’s overall health and well-being; and WHEREAS, all Americans face challenges in life that can impact their mental health; and WHEREAS, prevention is an effective way to reduce the burden of mental health conditions; and WHEREAS, there are practical tools that all people can use to improve their mental health and increase resiliency; and WHEREAS, mental health conditions are real and prevalent in our nation, state, and community; and WHEREAS, with effective treatment, those individuals with mental health conditions can recover and lead full, productive lives; and WHEREAS, each business, school, government agency, healthcare provider, organization, and citizen shares the burden of mental health problems and has a responsibility to promote mental wellness and support prevention efforts; and WHEREAS, increasing our awareness and understanding of mental and behavioral health issues, along with the steps our citizens can take to protect their mental health; and WHEREAS, the need for appropriate and accessible services for all people with mental health conditions is vital for the well-being of our citizens and community; NOW THEREFORE be it resolved that I, Cynthia L. Andrus, the Mayor of Bozeman, do hereby proclaim May 2021 as Mental Health Month in Bozeman, Montana. Signed and Proclaimed on this 11th day of May 2021. ____________________________ Cynthia L. Andrus Mayor of Bozeman, Montana 64 Memorandum REPORT TO:City Commission FROM: Jeff Mihelich, City Manager Anna Rosenberry, Assistant City Manager Jim Veltkamp, Chief of Police Jamie Norby, Interim Human Resources Director Melody Mileur, Communications Coordinator Dani Hess, Neighborhoods Program Coordinator Eilis Gehle, Human Resources Associate SUBJECT:Third Quarterly Report on Bozeman as an Inclusive City MEETING DATE:May 11, 2021 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:None. STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity through policies and public awareness. BACKGROUND:On July 22, 2020 the City Commission was presented with the “Bozeman as an Inclusive City Review of Policies.” This internal review presented 24 actions items describing how the City could continue to strive toward a more equitable and inclusive organization and community. As a part of the report City staff will be providing the City Commission with quarterly updates on the progress made on the actions outlined in the report. This is the third quarterly report on this topic to come before the Commission. The report includes detailed updates on completed and in progress/ongoing actions as well as a timeline and budget for each action in the report. To view previous quarterly reports visit the City’s website www.bozeman.net/equityandinclusion Some key highlights from the report include: • Continued work by staff and our consultant Thomas P. Miller & Associates to develop equity indicators, focusing on a thorough and robust engagement process with external stakeholders and community members • Ongoing efforts for training including the City’s participation in the National League of Cities Race, Equity, and Leadership training program for all employees, including directors and elected officials, planned de- escalation training for the Bozeman Police Department, and attendance at 65 the Government Alliance on Race and Equity annual conference • Initial planning conversations for a community roundtable on equity and inclusion in Bozeman City staff recognize that the report describes the completion and progress of actions in the report; however, some actions may never be fully “complete.” This work is a part of a larger, ongoing effort, to continuously improve and incorporate strategies that make Bozeman a more safe and equitable community where everyone has the opportunity to thrive. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Attachments: Inclusive City Report: May 2021.pdf Appendix A Bias Free Policing Police Department.pdf Appendix B Use of Force Police Department.pdf Appendix C Thrive Index 2020 City of Bozeman.pdf Appendix D Municipal Equality Index 2020 City of Bozeman.pdf Report compiled on: May 3, 2021 66 1 MAY 11, 2021 City of Bozeman Inclusive City Project Team Inclusive City Quarterly Report May 2021 67 2 City Manager Update In July of 2020, staff came before the City Commission with the Inclusive City report. This internal report has 24 actions describing how we can continue to strive towards a more equitable and inclusive organization and community. This is the third quarterly report and we are excited about the work that has been done both internally, and externally with our stakeholders. To view all previous reports visit our website at www.bozeman.net/equityandinclusion. This report includes a list of completed actions along with updates on newly completed items, updates on actions that are in progress, and a detailed timeline and associated budget for all actions. Words matter in this work, and it’s important to point out that many of these items may never be “complete” but will be “ongoing” efforts that the City is dedicated to incorporating as a part of routine work. There are many areas of progress in this report but I’d like to highlight the ongoing engagement process for the equity indicators and gaps analysis project that is currently underway. As mentioned in previous reports, this project is the key prerequisite to any steps the City can take towards creating an Equity and Inclusion Plan. Equity Indicators are living data points that the City will use to measure our progress to become a more inclusive city. Staff and consultants have begun an extensive engagement process that includes focus groups, one on one interviews, a community-wide survey, community forums, as well as a thorough dive into the data on how race, ethnicity, ability, and identity affect people’s lived experiences and ability to access services. We are grateful for the continued partnership of organizations working to support the needs of our community, and just as importantly, we are excited to build relationships with new partners and organizations working to make Bozeman an equitable and inclusive place for all to live, work, and visit. We continue to encourage leadership and staff to continue their learning as we prepare for a city-wide training through the National League of Cities’ Race, Equity and Leadership (REAL) program. As we lay the groundwork to normalize this work in our organization, staff from the City’s core team will attend the Government Alliance on Race and Equity’s annual conference and the Bozeman Police Department are scheduling training on de-escalation. The learning is never done and we are committed to doing this work! Finally I’d like to highlight a project that is in very early stages; a community roundtable on equity and inclusion in Bozeman. Planning for this event is now in progress and we are being very intentional about developing a stakeholder team the will help build a space that ensures that everyone feels safe coming to the table. I’m excited to say that Montana State University and Bozeman Health have committed their support and look forward to seeing the team that starts to come together. In the simplest terms, our goal is to ensure that every resident, visitor, and City of Bozeman employee feels welcomed and valued, and has the opportunity to thrive no matter their race, identity, or life circumstance. – Jeff Mihelich 68 3 Completed Actions For further detail on completed actions please review previous reports on our website at www.bozeman.net/equityandinclusion City Manager Recommendations 1. Provide a quarterly progress report to the City Commission and interested stakeholders The next report will be delivered in May 2021. 6. Become a member of the Government Alliance on Race and Equity (GARE) The City of Bozeman was accepted into GARE in November 2020. Bozeman is now the first organization from Montana to be a part of GARE! As a part of the City’s membership there are opportunities to learn from leaders in the space as well as share successes. Several staff have already completed the GARE Foundations training course “Advancing Racial Equity: The Role of Government” and are utilizing the network to ensure the City’s actions are in line with best practices. Diversity, Inclusion and interaction with Minorities – Bozeman Police Department 2. Augment existing policies and update to “Bias-free Policing” The Bozeman Police Department has reviewed its existing policies against the model policy of “Bias-Free Policing” and updated the department’s existing policies where necessary to be in line with this national best practice (See Appendix A.) The final policy has now replaced the prior policy and staff have completed a training program which highlighted the changes and the key points. Use of Force – Bozeman Police Department 1. Policy Changes The Bozeman Police Department has made revisions to the current policy which includes providing additional policy direction concerning de-escalation and use of force. The goal of the updates is to address community concerns and provide clarity for officers. As a result, a new and updated “Use of Force” policy (see Appendix B) has been finalized and approved. The updated policy has been implemented and staff have completed a training program to familiarize them with the changes. Citizen Appeal Process – Bozeman Police Department 2. Clearly distinguish inquiries from complaints After distinguishing inquiries from complaints, Bozeman Police Department staff began the lengthy process of formulating workflow stemming from each category, which has now also been completed. The workflow clearly separates and defines “inquiries,” “minor complaints,” and “major complaints.” After that, it distinguishes 69 4 which major complaints will require an administrative investigation and which will require an external investigation. 70 5 In Progress Actions City Manager Recommendations 2. Identify anti-discrimination, implicit bias and systemic racism training for elected officials and department heads. The project Training Team has recommended the National League of Cities’ Race, Equity And Leadership (REAL) training program as the partner to deliver REAL 100: Normalizing Racial Equity in Local Government Training to all city staff, including elected officials and department heads. It is very important that everyone in our organization, regardless of position, experience this base-line training. The process includes an employee assessment that will take place leading into the training that will assist in identifying follow-up training needs after this 100-level course. Staff are currently putting together the questions for the pre-training assessment that we plan to have employees complete in May. With the hiring of our Human Resources Director and the upcoming work with the REAL Program, staff believe that a more formalized training calendar will be complete in the coming quarter. 3. Develop a City Equity and Inclusion Plan to engage stakeholders and identify gaps community wide and to implement policies that help all persons in Bozeman thrive regardless of economic, racial, cultural, or gender identity. Staff are continuing work with Thomas P. Miller & Associates to develop equity indicators and conduct a gaps analysis to better understand inequities that exist in our community across race, ethnicity, gender identity and other socioeconomic factors. The process includes characterizing the disparities faced by underrepresented groups, evaluating the capacity of existing services in the community to address those inequities; and developing a set of equity indicators that will allow the City to establish a baseline and track change over time. The project is expected to be complete in July 2021. Phase 1 is underway through the end of May 2021 and includes initial stakeholder identification and engagement as well as background research and outreach to community organizations and agency partners to determine data availability and collect existing data. Equity indicators will be informed by available data and the input provided community members in Phase 1 focus groups, interviews, a community-wide survey, as well as a community forum on May 26th where all are welcome. Phase 2 in April, May, and June 2021 will include data analysis and completion of the gaps analysis portion of the project to synthesize available or missing services in our community to address inequities found during community engagement and data collection. Phase 3 will occur in June and July 2021 and will focus on the development and finalization of equity indicators based on data collection, analysis, and stakeholder input. 4. Sponsor a diversity, equity and inclusion summit with community partners. Staff have begun the very initial conversations with key stakeholders to plan for a community roundtable to share the results of the Equity Indicators Project and hold space for learning and dialogue around how we can continue this work together to make Bozeman a place where all can thrive. Montana State University and 71 6 Bozeman Health have committed to providing their support and staff will begin to pull together a group of stakeholders including Montana Racial Equity Project to intentionally plan for what this event could look like. 5. Accelerate the implementation of body worn cameras for the Bozeman Police Department. After narrowing the field of vendors to three in February, the Bozeman Police Department selected Getac Video Solutions as the department’s body worn camera vendor in early March. Getac was chosen in part because they offer patrol car video systems and interview room video systems that integrate with the body worn cameras, and they offer a robust digital evidence management system. Features of this system should help ensure appropriate activation and categorization, reduce user error, ensure appropriate retention, and provide for organized case submission to prosecutors. Later in March, specifications were finalized so the new interview room systems would be included in the Bozeman Public Safety Center. Within the next month, the department will install a trial patrol car video system and will receive initial training on the overall system. Upon receipt of the requested funding, the patrol cars will be changed over to Getac later this year. Additionally, plans have tentatively been made to hold a robust community engagement process regarding the body worn camera portion of the project early in 2022. Anti-discrimination 1. Implement additional training for all city staff. As mentioned above under City Manager’s Recommendation Action 2, the project Training Team has recommended the National League of Cities’ Race, Equity And Leadership (REAL) training program as the partner to deliver REAL 100: Normalizing Racial Equity in Local Government Training to all city staff, including elected officials and department heads. Implementation is expected to be complete by the end of the summer. Additionally, the team will establish a 12 month training calendar for all employees by Summer 2021 which will include quarterly trainings and annual/semi-annual workshops or speakers. We will be relying on our work with the REAL Program, and the hiring of our Human Resources Director to aid in creation of the calendar. In December, the Human Resources Department deployed an introductory Workplace Diversity training to all staff through the new learning management system. As of April 30th, 97.72% of employees completed the training. Leadership will continue to prioritize completion of this training with their staff. This training is part of the City’s new hire orientation and completed by new staff as they come in to the organization. Lastly, as a member benefit through GARE, staff within the Inclusive City Team have begun training through GARE Foundations. Several staff completed training in Advancing Racial Equity: The Role of Government and we will continue to train staff in as space with GARE allows. Training Date Completed Length # Staff Trained Comments Workplace Diversity Started December 2020, Ongoing 1 hour 97.72% of all employees Cultural diversity can strengthen an organization’s values and enhance community awareness. Due to our country’s rapid growth and ever- changing diverse populations, 72 7 organizations are realizing strength in the marketplace is linked to their ability to attract a culturally diverse workforce. Unfortunately, discrimination still occurs on many levels. The goals of this program are to promote awareness and encourage acceptance, describe strategies to create a positive and accepting work environment, and to highlight the steps to take should discrimination occur in the workplace. GARE Foundations Advancing Racial Equity: The Role of Government Started December 2020, Ongoing 6 hours 7 This course provides an introduction to the role, responsibilities and opportunities for government to advance racial equity. Participants gain awareness of the history of race and of implicit and explicit bias and individual, institutional, and structural racism and how it impacts the workplace. The course also focuses on normalizing racial equity as a core value with clear definitions of key terminology, operationalizing racial equity via new policies and institutional practices, and organizing, both internally and in partnership with other institutions and the community. Participants also become skilled at identifying and addressing institutional and structural racism. 4. Review best practice recommendations, including the THRIVE index and the Municipal Equality index City staff had initial discussions on the City’s current scores in the THRIVE index (Appendix C) and the Municipal Equality Index (Appendix D.) Based on the City’s scores from 2019, the team has identified several key areas where additional progress can be made: 1. THRIVE Index: We believe that we may be able to improve our Paid Parental Leave policies to assist employees. The Human Resources Department is researching the issue and will make recommendations to the City Manager within the coming months. 2. Municipal Equality Index: The City of Bozeman worked hard to serve as a leader in the area of Pro- Equality Legislative Efforts during the current Legislative Session, by opposing Anti-Transgender and other anti-equality legislation. We also believe that we may achieve the Index’s goals towards an Inclusive Workplace with expanded workplace training and targeted recruitment efforts within the LGBTQ community. 73 8 Diversity, inclusion and interaction with minorities – Bozeman Police Department 1. Training This item will be an ongoing effort by the Bozeman Police Department to explore additional training opportunities on topics including recognizing implicit bias, anti-racial profiling and Bias-Free policing. Training Date Completed Length # Staff Trained Comments Implicit Bias November 2020 2.5 hours 64 (all officers) Officers completed an online course intended to help them understand how implicit bias impacts actions and decisions. The course examined the relationship between unconscious and implicit bias, addressed illicit bias and how it affects decision making, and discussed the importance of communicating effectively. Use of Force 1. Training This item will be an ongoing effort by the Bozeman Police Department to incorporate more communication and de-escalation, scenario-based, in-service trainings for officers. Staff will also evaluate and consider additional training programs on topics that include communication, de-escalation, intervention, recognizing force mitigation opportunities, use of force decision-making and more. Training Date Completed Length # Staff Trained Comments Decision Making November 2020 2 hours 64 (all officers) Officers attended a training regarding making good decisions during critical incidents. This training included the science behind why poor decisions are sometimes made, the inherent “fight or flight” response and how to overcome it, and how to remain calm and think critically during high-stress incidents. De-escalation, Intervention, and Force Mitigation January 2021 2 hours 62 (all officers) Officers completed an online course focusing on “De-Escalation, Intervention, and Force Mitigation.” After defining each term, the training discussed the importance of focusing on a “guardian” mindset, described a variety of factors involved in human interaction, and explored techniques for lowering emotions to change behavior in volatile situations. 74 9 Citizen Appeal Process 1. Create a stand-alone citizen complaint policy. 2. Clearly distinguish inquiries from complaints. 3. Refine the complaint investigative process. These action items are interconnected and, for the sake of this report, are considered dependent upon each other. After distinguishing inquiries from complaints, staff began the lengthy process of formulating workflow stemming from each category, which has now also been completed. The workflow clearly separates and defines “inquiries,” “minor complaints,” and “major complaints.” After that, it distinguishes which major complaints will require an administrative investigation and which will require an external investigation. The overall citizen complaint policy has now also been completed, a policy which will be included when the department soon begins publically publishing all policies. The “complaint form” which will begin each complaint process is now also being finalized and will also be made available to the public. Discussions are still ongoing regarding the citizen’s appeal process, including who will conduct the review and how a review will be requested. . 75 10 Bozeman as an Inclusive City Report – Actions, Budget, Timeline Green = Complete Yellow = In progress or Ongoing Red = Not yet started City Manager Recommendations Based on the review of our existing policies, procedures, training protocols and best practices the City Manager recommends the following actions: ACTION ITEM LEAD DEPARTMENT TIMELINE FOR IMPLEMENTATION BUDGET (ESTIMATE IF AVAILABLE, NOTE IF ALREADY BUDGETED FOR AND WHAT FISCAL YEAR) 1. PROVIDE A QUARTERLY PROGRESS REPORT TO THE CITY COMMISSION AND INTERESTED STAKEHOLDERS CITY MANAGER’S OFFICE IMMEDIATELY - FIRST REPORT NOVEMBER 2020 $0 2. IDENTIFY ANTI-DISCRIMINATION, IMPLICIT BIAS AND SYSTEMIC RACISM TRAINING FOR ELECTED OFFICIALS AND DEPARTMENT HEADS HUMAN RESOURCES/CITY MANAGER’S OFFICE DEVELOP 12-MONTH TRAINING PROGRAM BY DECEMBER 2020 $12,000 3. DEVELOP A CITY DIVERSITY, EQUITY AND INCLUSION PLAN TO ENGAGE STAKEHOLDERS AND IDENTIFY GAPS COMMUNITY WIDE AND TO IMPLEMENT POLICIES THAT HELP ALL PERSONS IN BOZEMAN THRIVE REGARDLESS OF ECONOMIC, RACIAL, CULTURAL, OR GENDER IDENTITY CITY MANAGER’S OFFICE 18 MONTHS UNKNOWN 4. SPONSOR A DIVERSITY, EQUITY AND INCLUSION SUMMIT WITH COMMUNITY PARTNERS SUCH AS MONTANA STATE UNIVERSITY, HRDC, AND MONTANA RACIAL EQUITY PROJECT CITY MANAGER’S OFFICE 2021 UNKNOWN 5. ACCELERATE THE IMPLEMENTATION OF BODY WORN CAMERAS FOR THE BOZEMAN POLICE DEPARTMENT BOZEMAN POLICE DEPARTMENT BPD WILL HAVE RECOMMENDATION ON TIMELINE AS A PART OF THE UPCOMING CAPITAL IMPROVEMENT PLANNING PROCESS AND WILL MAKE RECOMMENDATIONS ON FISCAL YEAR. BPD WILL HAVE COST ESTIMATES AS A PART OF THE UPCOMING CAPITAL IMPROVEMENT PLANNING PROCESS. 76 11 6. BECOME A MEMBER OF THE GOVERNMENT ALLIANCE ON RACE AND EQUITY CITY MANAGER’S OFFICE IMMEDIATELY $1,000 ANNUALLY 77 12 Overall Diversity for the Organization ACTION ITEM LEAD DEPARTMENT TIMELINE FOR IMPLEMENTATION BUDGET (ESTIMATE IF AVAILABLE, NOTE IF ALREADY BUDGETED FOR AND WHAT FISCAL YEAR) 1. MAKE DIVERSITY A FORMAL AND HIGH PRIORITY FOR THE ORGANIZATION The City will communicate its commitment to diversity to all city staff and significantly increase formal training for supervisors and employees on implicit bias. The City will review and adjust its employee performance appraisal system to ensure consistency of evaluations and non- discrimination. CITY MANAGER HOLD ALL CITY STAFF MEETING AND PASS ADMINISTRATIVE ORDER $0 78 13 Anti-discrimination ACTION ITEM LEAD DEPARTMENT TIMELINE FOR IMPLEMENTATION BUDGET (ESTIMATE IF AVAILABLE, NOTE IF ALREADY BUDGETED FOR AND WHAT FISCAL YEAR) 1. IMPLEMENT ADDITIONAL TRAINING FOR ALL CITY STAFF HUMAN RESOURCES LMS “WORKPLACE DIVERSITY” DEPLOYED TO ALL EMPLOYEES BY DECEMBER. ESTABLISH A 12 MONTH TRAINING CALENDAR FOR ALL EMPLOYEES BY MARCH 2021 WE HAVE A SYSTEM WITH THESE TYPES OF TRAININGS INCLUDED BUT MAY NEED FUNDING FOR IN PERSON TRAINING The City will consider more frequent and additional trainings including trainings on “Inclusion in the Workplace” and “Implicit Bias” 2. EMPLOYEE ENGAGEMENT SURVEYS HUMAN RESOURCES SPRING 2021 $0 The City will engage employees annually to gauge inclusion and engagement in the workplace to measure the success of other efforts by the City. 3. EMPLOYEE PERFORMANCE APPRAISAL SYSTEM HUMAN RESOURCES FY22 $0 The City will review its employee performance appraisal system and provide updates with greater consideration to fairness and inclusion. 4. REVIEW BEST PRACTICE RECOMMENDATIONS, INCLUDING THE THRIVE INDEX AND THE MUNICIPAL EQUALITY INDEX HUMAN RESOURCES/CITY MANAGER’S OFFICE INITIAL MEETING WITH CITY MANAGER TO REVIEW THESE PROGRAM ELEMENTS IN JANUARY 2021 $0 FOR INITIAL REVIEW. IMPLEMENTING NEW ELEMENTS MAY REQUIRE FUNDING. The City will review the best practices of the THRIVE index and the Human Rights Campaign’s Municipality Equality index and consider City policies that may need additional updates to meet these best practices. 5. REVIEW HOW THE CITY HANDLES ANONYMOUS COMPLAINTS (ETHICS ORDINANCE) CITY MANAGER’S OFFICE 2022 $0 79 14 The City will review the current policies within the ethics ordinance that requires complainants to give their name before complaints are given a complaint investigation status. The review will consider the failures of the policy to meet the needs of the victim and should be updated to reflect those needs. 6. EVALUATE DIVERSITY & INCLUSION ON ADVISORY BOARDS CITY CLERK’S OFFICE SUMMER 2021 $0 The City will conduct an evaluation of City Advisory Boards to determine how or if the City tracks diversity on these boards and consider systems that could be implemented to support diversity and inclusion in these spaces. 80 15 Diversity, inclusion and interaction with minorities – Bozeman Police Department ACTION ITEM LEAD DEPARTMENT TIMELINE FOR IMPLEMENTATION BUDGET (ESTIMATE IF AVAILABLE, NOTE IF ALREADY BUDGETED FOR AND WHAT FISCAL YEAR) 1. ADD FUTURE TRAININGS POLICE DEPARTMENT The Bozeman Police Department will explore additional training opportunities on topics including recognizing implicit bias, anti-racial profiling, and Bias-Free Policing. IMPLICIT BIAS TRAINING (ONLINE) (2.5 HR) NOVEMBER 2020 $3,400 2. AUGMENT EXISTING POLICIES AND UPDATE TO “BIAS-FREE POLICING” POLICE DEPARTMENT The Bozeman Police Department will review its existing policies against the model policy of “Bias-Free Policing” and update existing policies where necessary to be in line with this national best practice. COMPLETED AND TRAINING IMPLEMENTED $0 3. BROADEN COMMUNITY OUTREACH EVENTS The Bozeman Police Department will give continued consideration to broadening community outreach events to interact with more Montana State University groups as well as other community groups. POLICE DEPARTMENT TO BE DETERMINED DEPENDENT UPON PANDEMIC- RELATED RESTRICTIONS N/A 81 16 Hiring Practices - Overall ACTION ITEM LEAD DEPARTMENT TIMELINE FOR IMPLEMENTATION BUDGET (ESTIMATE IF AVAILABLE, NOTE IF ALREADY BUDGETED FOR AND WHAT FISCAL YEAR) 1. CONTINUED EFFORTS TO REACH OUR BEST PRACTICES The City will continue to evaluate and improve its efforts to achieve our best practices in hiring and recruitment. This includes improving our results for candidates and evaluating the impacts of turnover. HUMAN RESOURCES APRIL 2021 MAY NEED MINIMAL AMOUNTS FOR JOB POSTINGS TO NICHE GROUPS. 2. UPDATE HIRING PRACTICES POLICY HUMAN RESOURCES 2021-2022 $0 The City will update the hiring practices manual to reflect current practices and further efforts for diversity. The City will also train supervisors to the hiring practices and hold supervisors accountable for not following hiring practices. 3. REVIEW AND UPDATE THE LANGUAGE AND IMAGES USED FOR ADVERTISING POSITIONS HUMAN RESOURCES 2021 $20,000 The City will review the language and images used for recruiting and advertising open city positions to specialized groups. Language and images should take into consideration literal and visual differences in varied applicant pools. WORK WITH A CONSULT TO DEVELOP NEW VISUAL AND WRITTEN MATERIALS 82 17 Use of Force ACTION ITEM LEAD DEPARTMENT TIMELINE FOR IMPLEMENTATION BUDGET (ESTIMATE IF AVAILABLE, NOTE IF ALREADY BUDGETED FOR AND WHAT FISCAL YEAR) 1. POLICY CHANGES The Bozeman Police Department will make revisions to the current BPD policy and provide additional policy direction concerning de- escalation and use of force. These updates hope to address community concerns and provide clarity for officers. POLICE DEPARTMENT COMPLETE AND TRAINING IMPLEMENTED $0 2. FUTURE TRAININGS POLICE DEPARTMENT The Bozeman Police Department will incorporate more communication and de-escalation scenario-based in-service trainings for officers. They will also evaluate and consider additional training programs on topics that include communication, de-escalation, intervention, recognizing force mitigation opportunities, use of force decision-making, and others. DECISION MAKING (IN PERSON FOR OFFICERS) (2 HR) NOVEMBER 2020 $0 DE-ESCALATION AND FORCE MITIGATION (ONLINE FOR ALL OFFICERS) (2 HR) FALL 2020 $3,400 DE-ESCALATION SCENARIOS (IN PERSON FOR OFFICERS) (2 HR) MAY, 2021 $0 83 18 Citizen Appeal Process – Bozeman Police Department ACTION ITEM LEAD DEPARTMENT TIMELINE FOR IMPLEMENTATION BUDGET (ESTIMATE IF AVAILABLE, NOTE IF ALREADY BUDGETED FOR AND WHAT FISCAL YEAR) 1. CREATE A STAND-ALONE CITIZEN COMPLAINT POLICY The Bozeman Police Department will create a stand-alone Citizen Complaint Policy that will be available on the City’s website with clear instructions on how to file a complaint, the complaint investigation process, timeline for response, and steps for further engagement after an outcome has been determined. POLICE DEPARTMENT SPRING 2021 $0 2. CLEARLY DISTINGUISH INQUIRIES FROM COMPLAINTS The Bozeman Police Department will create a process, including defining the terms “inquiry” and “complaint” to clearly distinguish inquiries from complaints requiring an investigation and create a system for documenting inquiries. POLICE DEPARTMENT SPRING 2021 $0 3. REFINE THE COMPLAINT INVESTIGATIVE PROCESS The Bozeman Police Department will review and update the Complaint Investigative Process to establish a clear timeframe for notification and follow-up within 24 hours with a complainant. The Bozeman Police Department will also explore options for developing an appeal process for citizens that are unsatisfied with the outcome of a complaint investigation. POLICE DEPARTMENT SPRING 2021 $0 84 BIAS-FREE POLICING Chapter 02 Section 05 APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 1 I.PURPOSE The purpose of this policy is to emphasize the Bozeman Police Department’s commitment to fair and bias-free treatment of all people and to clarify the circumstancesin which agency personnel may consider specified characteristics when carrying outduties. Fair and bias-free policing enhances legitimate law enforcement efforts andpromotes trust within the community. II.POLICY People having contact with Bozeman Police Department personnel shall be treated in a fair, impartial, bias-free, and objective manner, in accordance with law, and without consideration of specified characteristics as defined in this policy. II.DEFINITIONS A.Biased Policing: Discrimination in the performance of law enforcement duties ordelivery of police services, based on personal prejudices or partiality of agencypersonnel toward classes of people based on specified characteristics. B.Fair and Bias-free Treatment: Conduct of agency personnel wherein all people are treated in the same manner under the same or similar circumstances irrespectiveof specified characteristics. C.Police Services: Sometimes referred to as community caretaking functions, these are actions and activities that may not directly include enforcement of the law, butthat contribute to the overall well-being of the public. These include, but are notlimited to, such tasks as welfare checks; death notifications; public assistance topersons who may be lost, confused, or affected by mental or physical illness;traffic control; medical emergencies; lifesaving services; crime prevention; public information; and community engagement. D.Specified Characteristics: For the purposes of this policy, real or perceivedpersonal characteristics, to include but not limited to race, ethnic background,national origin, immigration status, gender, gender identity/expression, sexual orientation, religion, socioeconomic status, age, disability, or political affiliation. E.Racial profiling: The detention, official restraint, or other disparate treatment ofan individual solely on the basis of the racial or ethnic status of the individual. III. GUIDELINES Appendix A 85 BIAS-FREE POLICING Chapter 02 Section 05 APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 2 A. Fair and Impartial Treatment 1. Biased policing, including racial profiling, is prohibited both in enforcement of the law and the delivery of police services. 2. Agency personnel shall take equivalent enforcement actions and provide bias-free services to all people in the same or similar circumstances. This does not mean that all people in the same or similar circumstances must be treated identically. Reasonable concessions and accommodations may be, and sometimes should be made, for example when dealing with people with disabilities, injury, or illness. 3. Agency personnel may only consider specified characteristics when credible, timely intelligence relevant to the locality links a person or people with a specified characteristic(s) to a particular unlawful incident, or to particular unlawful incidents or criminal patterns. 4. Officers shall not engage in a practice of routinely stopping members of minority groups for violations of vehicle laws as a pretext for investigating other violations of criminal law, particularly if the reason for the stop is based primarily on their race or ethnicity. 5. Restrictions on the use of specified characteristics do not apply to law enforcement activities designed to strengthen the agency’s relationship with diverse communities. B. Compliance 1. Where appropriate, agency personnel are encouraged to intervene at the time the biased policing incident occurs. Agency personnel who witness or who are aware of instances of biased policing shall report the incident to a supervisor. 2. Supervisors shall: a. Ensure that all agency personnel in their command are familiar with the content of this policy and shall be alert and respond to indications that biased policing is occurring. b. Respond to violations of this policy with training, counseling, discipline, or other remedial intervention as appropriate to the violation. c. Ensure that those who report instances of biased policing are not subject to retaliation. 3. The department will ensure the ability to document the race of those contacted 86 BIAS-FREE POLICING Chapter 02 Section 05 APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 3 during vehicle and person stops. Personnel shall comply with all departmental direction regarding how to assist in ensuring the accurate documentation of this criteria. 4. Any written complaint of racial profiling or other biased policing shall be handled in accordance with the department’s Administrative Investigations and Discipline Policy. C. Training All agency personnel will receive basic and periodic in-service training and, where deemed necessary, remedial training on subjects related to fair and bias- free policing. Topics should include legal aspects and the psychology of bias, cultural awareness, and racial profiling. 87 USE OF FORCE Chapter 03 Section 01 APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 1 I.POLICY The purpose of this policy is to provide officers of the Bozeman Police Department with guidelines on the reasonable use of force. It consists of general principles and values and is not a statement of what must be done in a particular situation. The Bozeman Police Department values the sanctity of human life and the importance of treating all persons with dignity and respect. It is the policy of this department that police officers shall use only force that is reasonably necessary to effectively bring an incident under control, while protecting the lives of the officer and others. II.DEFINITIONS A.Force: Any physical efforts used by an officer to control, overpower, or restrain another. B.Lethal Force: Force likely to cause death or serious bodily harm. C.Less-lethal Force: Any use of force other than that which is considered lethal force. D.Objectively Reasonable: As decided by the US Supreme Court in Graham v. Connor, 490 U.S. 386 (1989), the Fourth Amendment ‘reasonableness” inquiry is whether the officer’s actions are “objectively reasonable” in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation. The “reasonableness” of a particular use of force must be judged from the perspective of a reasonable officer on the scene, and its calculus must embody an allowance for the fact that police officers are often forced to make split- second decisions about the amount of force necessary in a particular situation. E.De-escalation: Taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary. De-escalation may include the use of such techniques as command presence, advisements, warnings, verbal persuasion, and tactical repositioning. F.Exigent Circumstances: Those circumstances that would cause a reasonable person to believe that a particular action is necessary to prevent physical harm to an individual, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts. G.Chokehold: A physical maneuver that restricts an individual’s ability to breathe for the purposes of incapacitation. H.Vascular Restraint: A physical maneuver that restricts blood flow to an Appendix B 88 USE OF FORCE Chapter 03 Section 01 APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 2 individual’s brain for the purposes of incapacitation. III. GUIDELINES It is recognized that officers may be confronted with situations where use of force may be required to make an arrest, prevent escape, as self-defense, or to protect the public. Many force and equipment options are available to the officer. The officer must choose the appropriate option based on an objectively reasonable belief of the threat, either actual or perceived. A. ESCALATION AND DE-ESCALATION 1. The amount of time available to an officer to evaluate and respond to a situation may impact the officer’s decision. Often an officer must make a split-second decision in reaction to a threat or risk. A number of factors should be taken into consideration when an officer selects force options and when evaluating whether an officer has used reasonable force. 2. Whenever possible and when such delay will not compromise the safety of the officer or another, and will not result in the destruction of evidence, escape of a suspect, or commission of a crime, an officer shall allow an individual reasonable opportunity to submit to verbal commands before force is used. 3. While it is preferred that officers attempt to de-escalate a situation by gaining compliance through advice, warning or persuasion, it is sometimes necessary to use physical force. 4. Use of physical force should be discontinued when resistance ceases or when the incident is under control. 5. Officers must react to all situations in an objectively reasonable manner as outlined in Graham vs. Connor. Factors which may affect an officer’s force option selection include but are not limited to; a. Officer/Subject factors (age, size, relative strength, skill level, injury/exhaustion level) b. Influence of drugs or alcohol c. Proximity of weapons d. Availability of other options e. Seriousness of the offense f. Fear of injury or death to the officer or another g. Actions of the subject h. Number of subjects present 89 USE OF FORCE Chapter 03 Section 01 APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 3 i. Location of officer and availability of back-up j. Other exigent circumstances 6. It is important to note that an officer does not need to gain control over an individual by use of the lowest level of force available when reason dictates otherwise and the officer can articulate that a higher level of force was reasonable. The law, proper training, and common sense should dictate the officer’s discretion to escalate and/or de-escalate the use of force. 7. Officers have a duty to intervene to prevent or stop the use of excessive force by another officer when it is safe and reasonable to do so. The excessive force shall be reported to a supervisor as soon as possible. 8. Once the scene is safe and as soon as practical, an officer shall provide appropriate medical care consistent with his or her training to any individual who has visible injuries, complains of being injured, or requests medical attention. This may include providing first aid, requesting emergency medical services, and/or arranging for transportation to an emergency medical facility. B. USE OF FORCE OPTIONS 1. LESS-LETHAL LEVELS OF FORCE: a. LOW LEVEL 1) Officer presence and verbal commands: When practical, verbal commands should be used in combination with other levels of force as a means to control the situation 2) Restraints: Includes the use of handcuffs, flex cuffs, Restraint strap, leg restraints, WRAP and belly belt. This also includes actually placing hands on a person in a gentle to firm manner to gain control over the subject. b. INTERMEDIATE LEVEL 1) Compliance techniques (Soft): Includes pressure points, takedowns, and joint manipulation. 2) Chemical Agents: Includes oleoresin capsicum (OC), Ortho Chlorobenzalnnalonitrate (CS gas) 3) Temporary Incapacitation (Hard): Techniques include strikes with hands, elbows, feet, and knees; expandable or straight baton, flashlight, or weapon of necessity. Includes use of 12-gauge bean bag 90 USE OF FORCE Chapter 03 Section 01 APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 4 projectile, rubber baton, bullet, diversionary or distraction devices, Canine Contacts/Bites, Conducted Electrical Weapons (Taser). 2. LESS-LETHAL USE OF FORCE: Officers are authorized to use department approved less-lethal force techniques, issued equipment, or weapons of necessity or opportunity for resolution of incidents as follows: a. To protect themselves or another from physical injury, or the threat thereof. b. To restrain or subdue a non-compliant individual. c. To bring an unlawful situation safely and effectively under control. d. Physical force shall not be used against individuals in restraints, except as objectively reasonable to prevent their escape or prevent imminent bodily injury to the individual, the officer, or another person. In these situations, only the minimal amount of force necessary to control the situation shall be used. 3. AUTHORIZED LESS-LETHAL EQUIPMENT: Officers are not permitted to use department issued or authorized equipment unless qualified in its use as determined by training procedures. Patrol Officers are required to carry on their duty belt, at least two of the following less lethal equipment items: a. OC spray b. Baton (Asp) c. Flashlight (Available for use as a baton) d. Taser 4. LETHAL FORCE: a. In accordance with M.C.A. 45-3-101 through 45-3-106, and this policy, Officers are authorized to use lethal force with issued firearms, other issued equipment or weapons of necessity or opportunity to: 1. Protect the police officer or others from what is reasonably believed to be a threat of death or serious bodily injury; and/or 2. Prevent the commission of a forcible felony. 91 USE OF FORCE Chapter 03 Section 01 APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 5 b. Before using a firearm, police officers should identify themselves and state their intent to shoot, whenever feasible or practical. c. An officer’s decision to present or exhibit a firearm should be based on the tactical situation and the officer's reasonable belief there is a substantial risk that the situation has already escalated or may escalate to the point where deadly force may be justified. When an officer has determined that the use of deadly force is not necessary, the officer shall, as soon as practicable, secure or holster the firearm. d. The use of a firearm against a moving motor vehicle is inherently dangerous. Officers shall not discharge a firearm at a motor vehicle or its occupant(s) unless the officer has an objectively reasonable belief that: 1. The vehicle or suspect poses an immediate threat of death or serious bodily injury to the officer or another person; 2. If an officer finds themselves in the path of an oncoming vehicle, when reasonable or practical, the officer should attempt to move from the path of a vehicle causing a threat. e. The firing of warning shots is inherently dangerous and should not be fired except under the most compelling circumstances. A warning shot may be fired in an effort to stop a person only when the officer is authorized to use lethal force, and if the officer reasonably believes a warning shot can be fired safely in light of all the circumstances of the encounter. f. The use of chokeholds and vascular neck restraints are prohibited unless deadly force is authorized. C. REPORTING USE OF FORCE 1. Supervisor notification and a written Use of Force Report is required in the following situations: a. Any use of force option above Low Level is utilized. b. When force is used while displaying or presenting a firearm or less-lethal tool towards a subject to gain compliance. c. When lethal Force is threatened or used. 92 USE OF FORCE Chapter 03 Section 01 APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 6 2. The on-call Command Duty Officer will be immediately notified and will direct the investigation in the following situations: a. When a firearm is discharged during a use of force incident. b. When any use of force results in death or serious injury. c. When a subject complains that serious injury has been inflicted. d. When misconduct surrounding the use of force is alleged or suspected. D. REVIEW AND INVESTIGATION 1. All Use of Force Reports and related supplemental reports shall be reviewed by the chain of command to determine whether; departmental rules, policy or procedures were followed, the relevant policy was clearly understandable and effective to cover the situation, and department training is currently adequate. a. A review board may be appointed at the discretion of the Chief of Police. b. The Chief of Police may determine if a full internal or criminal investigation is warranted. If so determined, the Chief shall follow the guidelines in the Discipline and Complaint Policy, Investigation of Serious Complaints. c. All findings of policy violation or training inadequacies shall be reported to the Chief of Police, along with any recommended disciplinary action and/or corrective action plan. E. TRAINING 1. All officers shall receive training on this agency’s use of force policy and related legal updates. 2. In addition, training shall be provided on a regular and periodic basis and designed to: a. Provide techniques for the use of and reinforce the importance of de- escalation; b. Simulate actual shooting situations and conditions; c. Enhance officers’ discretion and judgement in using less-lethal and deadly force in accordance with this policy. 3. All use of force training shall be documented. 93 A.City of Bozeman Thrive Index assessment: We have also continued to evaluate employment practices against the Thrive Index with very good results (see below.) We have found that the City has been consistently upholding the objectives put forth, as hiring and employment practices are designed to be fair and equitable to all applicants and employees. No changes have been made in our general response this year, but we continue to see great participation in our Leave Bank programs. These programs continue to help employees obtain paid leave for maternity and family care by voluntary pooling employee sick leave hours. CITY OF BOZEMAN AND THE THRIVE INDEX Adequate wages and benefits City of Bozeman Comment Are part-time workers paid the same (per hour, including benefits) as full-time workers performing the same or similar tasks? Y Are most part-time workers guaranteed a minimum number of hours per week? If not, are there ways they could be? Y Some departments guarantee a range of hours vs. a set schedule - i.e. at least 12, but not more than 18 Are workers who remain on the job for a specified period of time eligible for a pay increase? Y Are workers who remain on the job for a specified period of time eligible for paid sick leave for themselves or to care for a family member? Y When job-skill demands or responsibilities increase, are wages adjusted upward? Sometimes The City works to ensure employees are working within their class specification. Reclassifications and/or promotions are the avenue for pay increases, and department heads request those during the annual budget process. $SSHQGL[& 94 Are workers paid for their entire scheduled shift, even if business is slow? Sometimes Employees get paid for the hours they work. Shifts are not typically cut short, but if there is an urgent need to close a facility, employees would not be paid for the closure. This rarely happens. Are hourly wages higher for nonstandard shifts, such as nights or weekends? Sometimes Depending on the Collective Bargaining Agreement, there may be shift premiums. Opportunities for Upward Mobility Do low-wage workers have opportunities for on-the-job or cross-task training or outside educational opportunities that can lead to upward mobility? Y Can schedules accommodate workers’ pursuit of educational opportunities? Sometimes The City makes every effort to accommodate employees’ requests for time off and/or modified schedules. However, based on the need to efficiently and safely operate City business, not every request can be granted every time. When skill demands or job responsibilities increase, is training provided for newly assigned tasks? Y Can workers cross-train in different areas to increase their flexibility and value to the company (recognizing that outsourcing of some functional areas or other factors may prohibit this)? Y Are there opportunities for upward mobility within the company that do not require geographic relocation? Y Support for personal and family needs Can worker breaks be scheduled to accommodate the need for phone calls at pre-specified times for working caregivers? Y 95 Are occasional calls for urgent matters allowable? Can children or caregivers call an employee at work when necessary? Y Are workers who remain on the job for a specified period of time eligible during their regular work hours to care for their health or a family member’s without losing pay (e.g., able to leave for an hour or two for a trip to the doctor)? Y Can personal time be taken in small increments of an hour or two (for doctor’s appointments, parent-teacher conferences, educational opportunities, etc.)? Y Do you offer paid or unpaid maternity or paternity leave for workers? Is the length of this leave negotiable? Y Paid time is offered through employee accruals, our Sick Leave Bank, and our Direct Donation policies, and can be used for the entire absence (at 100% pay) Work scheduling, predictability, and flexibility Is there a systematic way for workers to communicate their preferences for hours and schedules? If not, could some such system be implemented? Y Does the shift/hours scheduling system take account of workers’ constraints and preferences? Y Are work schedules announced more than a day or two in advance? Can workers trade shifts with colleagues when time conflicts develop (allow “shift-swapping”)? Y If workers are asked to stay beyond the end of scheduled shifts to finish assignments or for administrative procedures, are they given advance notice of when this may be required? Y Does the measured workload take into account the quality or difficulty of tasks along with simpler measures of the number of customers, clients, or patients? Y Autonomy, respect, and trust Are workers protected from “no-fault” absence or tardiness policies (ones that lead to disciplinary actions or dismissal, even for excused absences)? Y Are workers allowed or encouraged to contribute ideas to better organize or improve their work teams or work areas? Y Can workers occasionally make personal phone calls? Y 96 97 Max Pts. (SO/GI) Earned Pts. SO GI SO GI SO GI A. Employment 10 (5/5)0 0 0 0 5 5 10 B. Housing 10 (5/5)0 0 0 0 5 5 10 C. Public Accommodations 10 (5/5)0 0 0 0 5 5 10 Bonus: All-Gender Single Occupancy Facilities 2 0 Bonus: Protects Youth From Conversion Therapy 2 0 30 (15/15)30 4 0 SO GI A. Non-Discrimination in City Employment 14 (7/7)0 0 7 7 14 B. Transgender-Inclusive Healthcare Benefits 6 6 C. City Contractor Non-Discrimination Ordinance 6 (3/3)0 0 3 3 6 D. Inclusive Workplace 2 0 BONUS: City Employee Domestic Partner Benefits 1 0 28 26 1 0 Part III. Municipal Services SO GI SO GI A. Human Rights Commission 5 0 B. Enforcement Mechanism in Human Rights Commission 2 0 C. LGBTQ Liaison in City Executive's Office 5 0 Bonus: Youth Bullying Prevention Policy for City Services 2 (1/1)0 0 0 0 0 BONUS: City Provides Services to LGBTQ Youth 2 0 BONUS: City Provides Services to LGBTQ Homeless People 2 0 BONUS: City Provides Services to LGBTQ Elders 2 0 BONUS: City Provides Services to People Living With HIV or AIDS 2 0 BONUS: City Provides Services to the Transgender Community 2 0 12 0 12 0 A. LGBTQ Police Liaison or Task Force 10 0 B. Reported 2018 Hate Crimes Statistics to the FBI 12 12 22 12 A. Leadership's Public Position on LGBTQ Equality 0-5 5 B. Leadership's Pro-Equality Legislative or Policy Efforts 0-3 2 BONUS: Openly LGBTQ Elected or Appointed Municipal Leaders 2 0 BONUS: City Tests Limits of Restrictive State Law 3 3 8 7 5 3 Key 75 SO = Sexual Orientation 3 GI = Gender Identity 78 78 0 Total Raw Score Final Score 0 0 0 0 5 3 Standard Points Total Part V. Bonus Points 0 2 0 0 0 0 0 0 Bonus Points Total Part V. Leadership on LGBTQ Equality 0 0 0 Part I. Bonus Points 0 0 0 0 0 0 0 0 0 Part II. Standard Points Part II. Bonus Points 0 0 0 0 CONFIDENTIAL DRAFT - NOT FOR PUBLICATION - CONFIDENTIAL DRAFT 2020 MEI Scorecard - Bozeman, Montana Part I. Non-Discrimination Laws Part II. Municipality As An Employer 6 Part IV. Standard Points 12 Part III. Standard Points Part III. Bonus Points 0 Part V. Standard Points State County Municipal Part IV. Law Enforcement Part I. Standard Points 0 0 0 0 0 0 Appendix D - To view the standards for credit on the MEI visit https://www.hrc.org/resources/standards-for-credit-on-the-mei 98 Memorandum REPORT TO:City Commission FROM:Sunshine Ross, Transportation Director HRDC SUBJECT:Streamline Route Update Presentation MEETING DATE:May 11, 2021 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:None. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:Redesign Streamline 2020 Transit Development Plan UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Attachments: Bozeman_final_report_FINAL.pdf Appendix_A_FINAL.pdf Report compiled on: May 5, 2021 99 Photo: Diane Bentley RaymondRedesign Streamline 2020 Transit Development Plan January 2021 100 Redesign Streamline 2020: Transit Development Plan 1 Contents Introduction 3 Public Outreach Summary 4 Transit Vision and Service Strategies 6 Service Recommendations 8 PROPOSED NETWORK AND ROUTE ALIGNMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . .9 CORE SERVICE PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 ADDITIONAL ROUTE SERVICE PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 LONG TERM SERVICE PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 TRAVEL TIME COMPARISON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 Implementation Plan 36 Capital Program 37 Financial Plan 40 101 Redesign Streamline 2020: Transit Development Plan 2 Figures / Tables FIGURE 1: COMMUNITY SURVEY RESULTS . . . . . . . . . . . . . . . . . . . . . . . . .4 FIGURE 2: COMMUNITY SURVEY RESULTS . . . . . . . . . . . . . . . . . . . . . . . . .5 FIGURE 3: COMMUNITY SURVEY RESULTS . . . . . . . . . . . . . . . . . . . . . . . . .5 FIGURE 4: BUS STOP SIGN EXAMPLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 TABLE 1: SERVICE SCENARIO COMPARISON . . . . . . . . . . . . . . . . . . . . . . . .8 TABLE 2: SERVICE SCENARIO COMPARISON . . . . . . . . . . . . . . . . . . . . . . . .8 TABLE 3: CORE SERVICE SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 TABLE 4: CORE SERVICE SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 TABLE 5: ADDITIONAL ROUTE SERVICE SUMMARY . . . . . . . . . . . . . . . . . .25 TABLE 6: ADDITIONAL ROUTE SERVICE SUMMARY . . . . . . . . . . . . . . . . . .25 TABLE 7: LONG TERM SERVICE SUMMARY . . . . . . . . . . . . . . . . . . . . . . . .29 TABLE 8: LONG TERM SERVICE SUMMARY . . . . . . . . . . . . . . . . . . . . . . . .30 TABLE 9: COMPARISON OF TRAVEL TIME . . . . . . . . . . . . . . . . . . . . . . . . . .35 TABLE 10: CAPITAL IMPROVEMENT COSTS – BUS STOPS . . . . . . . . . . . .37 TABLE 11: ANNUAL OPERATING COSTS . . . . . . . . . . . . . . . . . . . . . . . . . . .40 TABLE 12: CAPITAL BUDGET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 Maps MAP 1: PROPOSED ROUTE A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 MAP 2: PROPOSED ROUTE B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 MAP 3: PROPOSED ROUTE C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 MAP 4: PROPOSED ROUTE D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 MAP 5: PROPOSED ROUTE E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 MAP 6: PROPOSED ROUTE F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 MAP 7: PROPOSED ROUTE G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 MAP 8: MICROTRANSIT ZONES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 MAP 9: WEEKDAY CORE SERVICE NETWORK . . . . . . . . . . . . . . . . . . . . . .22 MAP 10: WEEKEND CORE SERVICE NETWORK . . . . . . . . . . . . . . . . . . . . .23 MAP 11: HALF MILE ACCESS CORE SERVICE PLAN . . . . . . . . . . . . . . . . . .24 MAP 12: ADDITIONAL ROUTE SERVICE NETWORK . . . . . . . . . . . . . . . . . .26 MAP 13: ADDITIONAL ROUTE SERVICE WEEKEND NETWORK . . . . . . . . .27 MAP 14: HALF MILE ACCESS ADDITIONAL ROUTE PLAN . . . . . . . . . . . . . .28 MAP 15: LONG TERM SERVICE NETWORK . . . . . . . . . . . . . . . . . . . . . . . . .31 MAP 16: HALF MILE ACCESS LONG TERM SERVICE PLAN . . . . . . . . . . . .32 MAP 17: PROPOSED ROUTE C LONG TERM . . . . . . . . . . . . . . . . . . . . . . . .33 MAP 18: PROPOSED ROUTE E LONG TERM . . . . . . . . . . . . . . . . . . . . . . . .34 102 Redesign Streamline 2020: Transit Development Plan 3 Introduction Bozeman, Montana is one of the fastest growing micropolitan areas in the country . After the 2020 U .S . Census is fully processed, the population of Bozeman is expected to surpass 50,000 . This number is an important threshold in Federal Transit Administration (FTA) formula funding, changing Bozeman’s classification from rural to a small urbanized area, impacting grant eligibility . Furthermore, HRDC would no longer be an eligible sub recipient of federal funds, requiring either the establishment of an urban transit district (UTD) or for the City of Bozeman or Gallatin County to become responsible for providing service . A UTD or municipality could contract with HRDC to operate service, but they would become the policy body and recipient of funds . The Streamline routes and network design have not had a major evaluation and update since the system started in 2006 . With such rapid population growth and potential changes to funding, Streamline launched Redesign Streamline 2020 to evaluate existing service and rethink Streamline service for the future . The first step of Redesign Streamline 2020 was a study of existing service and market conditions, the findings of which are detailed in the Existing Service and Market Conditions report in April 2020 . The next step was the development of service strategies and recommendations, which were vetted by the public outreach process and Streamline Board . The project culminates with this Transit Development Plan which solidifies the final service recommendations and provides implementation guidance . 103 Redesign Streamline 2020: Transit Development Plan 4 be an option, however this will require an increased operating budget . The implementation plan, which will be developed upon the conclusion of feedback on the service recommendations described below, will address customer information . Better service coverage, improved customer information and amenities were the top three responses . Although increasing service coverage was the top response, the actual locations in which individuals requested service were scattered throughout the service area and included many low density neighborhoods that simply cannot support fixed route transit. In some areas microtransit (as described on page 19) could Public Outreach Summary An online community survey was conducted in May of 2020 . A total of 889 responses were received, of which 136 were students and 753 were non students . The full results of the survey are summarized in Appendix A . Respondents were given a choice of actions and asked how likely these improvements would result in their increased use of Streamline . The top responses for regular riders were improved on time performance, a better tracking app, later service, more direct routes, and service closer to destinations . The top choices for non-riders were service closer to home, more direct routes, service closer to destinations and improved on time performance . With limited resources it impossible to both provide both more direct routes and provide more coverage that will result in service closer to many homes . The recommendations described below are designed to address existing issues with on time performance, to provide more direct service to stops that have the highest usage and to provide two way service to all major destinations (as opposed to the one way service that exists at many locations today) and the two way service may address the desire for providing service closer to destinations for many respondents . In addition to the multiple choice question respondents were asked to write in the top actions that would result in using Streamline more often . The responses are summarized in Figure 2 below . FIGURE 1: COMMUNITY SURVEY RESULTS How likely would each of the changes result in you riding Streamline or using it more often? 104 Redesign Streamline 2020: Transit Development Plan 5 FIGURE 2: COMMUNITY SURVEY RESULTS Improvement Ideas FIGURE 3: COMMUNITY SURVEY RESULTS Improvement Ideas 105 Redesign Streamline 2020: Transit Development Plan 6 Transit Vision and Service Strategies VISION The following vision identifies the goals for HRDC’s service and serves as the foundation for recommendations: The vision for Streamline to be the provider of mobility services and alternatives to the single occupancy vehicle in southwest Montana . SERVICE STRATEGIES The recommendations in this Transit Development Plan (TDP) include three different scenarios, which vary in service levels depending on funding availability . However, the core service strategies that address the need to create a useful, understandable, and operable integrated network that can be used for all kinds of trips are described below and remain the same for each scenario . Match Transit Service to Market Demand For Streamline to remain financially sustainable, the agency needs to focus on providing bus service where it can be most successful . Transit success is directly influenced by surrounding development patterns and density . For transit to be tremendously successful, there must be a strong mix of population and employment densities, as well as a street and sidewalk network that promotes walkability and access . Higher population and employment densities are supportive of transit because they provide a larger potential customer base to draw from . The road and sidewalk networks impact several aspects of transit: how easy it is for pedestrians to access the network; transit travel time; and connectivity between destinations . This means Streamline should focus service in areas where the density and design of the surrounding land uses can support efficient and effective transit. Conversely HRDC should work closely with the City of Bozeman, City of Belgrade, and Gallatin County to assure that future higher density development occurs along transit corridors identified in this plan and that the design fosters safe and attractive pedestrian access to transit . Matching transit service to market demand requires a focus on the actual travel needs of potential customers . This includes span of service and frequency which are discussed in the next section . Improve the Customer Experience Reduce Travel Time on the Bus: The amount of time passengers spend traveling on a bus to their destination influences their experience and impacts how often and for what trips they choose to use transit . One-way routes increase the amount of time passengers must spend on the bus and makes the service less attractive . Additionally, riders perceive travel delay as twice as long as it actually is, so out-of-direction movements can significantly deter ridership . Transit already struggles to be an attractive choice in an area like Bozeman where travel times are short and there are low levels of traffic congestion. Reducing travel times can help make transit service more competitive with automobile travel . Providing bi- directional service on routes will reduce travel time, improve customer satisfaction, and make the service more attractive to both existing and potential riders . Increase Service Spans: Service span affects passengers’ ability to use transit for all their daily needs . If riders can take a bus to work but cannot take the same bus home because the service span is too short, they will likely forego riding the bus altogether . Similarly, for anyone who works on weekends, while they could take transit to work on weekdays, lack of weekend service discourages transit use throughout the rest of the week . Increasing the hours and days that service is available will improve customer mobility, especially for individuals who work hours outside of the traditional Monday-Friday 9am-5pm period . Improve Frequency: Out-of-vehicle wait time is the most important factor individuals consider when deciding whether to use transit . Improving service frequency (how often the bus comes) can greatly enhance the overall passenger experience and attract more riders to the system . Improve Information Availability: One potential barrier to transit use is whether it is easy for customers to understand how routes operate and where they go . Many customers and stakeholders indicated a need for more accessible system information, including better information at bus stops and easy to understand route maps and schedules . The proposed service changes provide an opportunity to adopt a new style of bus stop signs and route information that is more user- friendly and accessible . It is recommended that HRDC develop clearly marked bus stop signs that include the following information: »Streamline Logo »Stop ID Number »Customer service information, such as website address, help-line phone number, and QR code »Routes that service the stop 106 Redesign Streamline 2020: Transit Development Plan 7 In addition to improved bus stop signs, it is also recommended that HRDC improve the real-time tracking mobile app . Criticism of the accuracy of the current app was one of the top concerns in the on board survey . An accurate app allows customers to see next-bus arrival time, access trip planning functions, and see route maps and schedules from their mobile device . This effort could be implemented with the other proposed improvements as part of a coordinated update of Streamline’s services . Improve Access to Transit: The transit customer’s trip does not begin and end at the bus stop . Most customers will walk to and from the bus and an increasing number of customers may access by bicycle or other micro mobility devices . While HRDC or a successor UTD will not have responsibility for the walkways or paths used by customers to access transit, it is incumbent to locate stops in locations that optimize direct access for the surrounding areas . This is particularly critical in areas that do not have a classic grid street pattern where the actual path transit customers must take to access bus service from the surrounding neighborhoods should be considered when locating bus stops . It is also essential to partner with the entities responsible for walkways and roadways to provide a safe and attractive environment for pedestrian and bicyclists within the walkshed of transit stops . Regarding the stops themselves it is critical to provide hardscape for customers where customers are waiting and getting on and off buses along with ADA access and benches or shelters to provide comfort and protection form the elements while waiting for the bus . (See Capital Program below for more details on bus stop improvements .) FIGURE 4: BUS STOP SIGN EXAMPLES 107 Redesign Streamline 2020: Transit Development Plan 8 The following service recommendations were developed in close collaboration with HRDC staff and reflect the vision and service strategies described above . The service recommendations are presented as a series of three funding scenarios: Core Service, Additional Route, and Long Term . The Core Service Scenario has four routes operating throughout the year Monday through Friday and portions of three routes operating on weekends. A fifth route, the current Livingston route would operate for six months between October and April . Skyline service between Big Sky and Bozeman would serve Four Corners . The Additional Route scenario adds a sixth route . In the Long Term scenario, service levels are significantly increased, with two additional fixed routes and three micro-transit zones added . A summary of the key elements for each service scenario is shown in Table 1 .1 2 3 4 5 6 7 1 This table excludes the LateNight Downtown route and Bridger Bowl service which will continue to operate unchanged assuming funding remains in place. 2 In addition to eight fixed routes, there are three microtransit zones. 3 30-minute service is provided on four routes during peak hours during the school year only. The Green Route has four trips in each direction; the Livingston Route has one AM trip and one PM trip. 4 Route A and C only. All other routes operate until 7:30pm. 5 13 full-size buses for fixed route service and three smaller vehicles for microtransit service 6 Excludes Bridger Bowl. Includes cost of operating Livingston Route six months of the year and continued operation of LateNight Downtown. Reflected in 2020 dollars. 7 Assumes longer service span on Route A and C, 30-minute peak service operates all year and Sunday service span is same as Saturday. SERVICE PLAN ELEMENT EXISTING CORE SERVICE ADDITIONAL ROUTE LONG TERM Number of Routes 6 weekday 4 Saturday 1 Sunday 5 weekday 3 Saturday 3 Sunday 6 weekday 4 Saturday 4 Sunday 8 weekday2 7 Saturday 7 Sunday Frequency 30/60 min weekday3 60 min Saturday 60 min Sunday 30/60 min weekday 60 min Saturday 60 min Sunday 30/60 min weekday 60 min Saturday 60 min Sunday 30/60 min weekday 30 min Saturday 60 min Sunday Availability 6:30am-7:15pm wkd1 7:30am-6:15pm Saturday 9am-5pm Sunday 6:30am-9:30pm wkd4 8am-7pm wknd - 6:30am-9:30pm wkd3 8am-7pm wknd - 6am-10pm weekday 8am-8pm Saturday 8am-8pm Sunday Access within 1/2 mile of service 100% of existing weekday stops 100% of average weekday boardings 89% of existing weekday stops 97% of average weekday boardings 93% of existing weekday stops 99% of average weekday boardings 93% of existing weekday stops 99% of average weekday boardings SERVICE PLAN ELEMENT EXISTING CORE SERVICE ADDITIONAL ROUTE LONG TERM Revenue Hours 21,594 22,075 27,620 74,827 Revenue Miles 384,207 300,138 357,307 999,423 Peak Vehicles 8 8 10 165 Operating Cost6 $1,514,589 $1,548,3247 $1,937,251 $5,248,393 TABLE 1: SERVICE SCENARIO COMPARISON Service Availability1 TABLE 2: SERVICE SCENARIO COMPARISON Service Statistics1 Service Recommendations 108 Redesign Streamline 2020: Transit Development Plan 9 PROPOSED NETWORK AND ROUTE ALIGNMENTS The key difference between the existing and proposed networks is that routes, with one small exception, no longer operate as one-way loops . Instead, all routes provide bi-directional service along Streamlined alignments . This was done to shorten customer travel times and make the system easier to understand and navigate . To reduce confusion with current bus service, all recommended routes are lettered . The new network deviates far enough away from the existing service that it will be easier to communicate route changes to riders based on an entirely new lettering system rather than trying to figure out which route most closely resembles the one they are used to riding . However at the time of implementation identifying routes by color as is the current practice may continue . The proposed Core Service network includes four year-round routes (Map 9), while the Additional Route network (Map 12) adds a fifth route to provide additional geographic coverage and the Long Term Plan (Map 15) adds a sixth and seventh route for further coverage to growth areas . In all scenarios the proposed service remains focused on key destinations, providing bi-directional service, and in residential areas with transit-supportive density and high existing ridership . Individual route descriptions and maps are provided below . Route A This route will provide all-day local service along a north/south alignment connecting MSU in the south with Target and adjacent retail establishments in 8 The loop is shown counterclockwise based on the existing westbound one-way direction of Mendenhall. If the City converts Mendenhall to a two-way street requiring the removal of the center transit island the loop will be made in the clockwise direction and buses will stop on the curb next to the transit waiting room. 9 If the City converts Mendenhall to a two way street requiring the removal of the center transit island the loop will be made in the clockwise direction and buses will stop on the curb next to the transit waiting room. the north, connecting residents with employment, educational, and shopping opportunities (Map 1) . The route begins at the MSU Strand Union Building, traveling through the center of campus along S . 11th Avenue, then east on W . College Street and north on S . Willson Ave to Downtown . It will then loop to serve the Downtown Transit Center via Babcock Street, N . Rouse Avenue, and E . Mendenhall Street .8 The route continues westbound on Mendenhall Street and then northbound on N . 7th Avenue to Oak Street where the route will deviate to serve Walmart . After serving Walmart the route will travel west on W . Oak Street, north on N . 15th Avenue, west on Tschache Street and north on N . 19th Avenue . At the north end of the route it will make a one way loop via Cattail Street, N . 27th Avenue, Catron Street and Max Avenue to the terminal in the parking lot near Staples . Southbound the route will travel on Max Avenue, Cattail Street to N 19th Avenue and replicate the northbound route back to MSU . This route will connect with all other proposed Streamline routes – Route B Downtown, Route C at MSU and Route D at Walmart . It will also connect with Skyline Bus at Walmart and MSU and with Jefferson Line intercity buses at Walmart . In the Additional Bus plan it will connect with Route E Downtown and in the Long Term Plan it will connect with Route F at MSU and at the northern terminal and Route G at Walmart . Route A and C will be interlined at MSU Strand Union . Passengers wishing to travel between the two routes may stay on the bus during its layover . Interlining is necessary because the round trip running time on Route A exceeds 60 minutes while the round trip running time on Route C is about 40 minutes . By interlining the shorter route with the longer route; one less bus is needed to provide the combined service . Route B This route will connect the Gallatin Valley Mall, Downtown, and Deaconess Hospital via a direct two way route operating primarily on Main Street (Map 2) . Bozeman High and the Main Library will also benefit from two way service. The route will begin at Gallatin Valley Mall and travel along Main Street to Downtown Bozeman . Traveling eastbound it will make a counterclockwise loop via S . Willson Avenue, Babcock Street, N . Bozeman Avenue, E . Mendenhall Street and N . Tracey Avenue to serve the Downtown Transit Center and facilitate transfers with Route A .9 It will continue traveling along Main Street to Haggerty Lane, Ellis Street and Highland Blvd . to Deaconess Hospital . Customers wishing to board on Haggerty Lane and Ellis Street will need to board as the bus heads to Deaconess Hospital since making a left turn from Haggerty Lane to Main Street in the reverse direction is not safe . The bus will use Highland Blvd . between the Hospital and Main Street . The route will operate westbound on Main Street to Gallatin Valley Mall jogging via N . Rouse Street, Mendenhall, and N 7th Avenue to serve the Downtown Transit Center . From Gallatin Valley Mall this route will also make a one way loop via Huffine Lane, S. Cottonwood Road, Fallon Street, Ravalli Street, S . Fowler Avenue and Huffine Lane back to the Mall. In the AM, the bus will make this loop after laying over at the Mall before the eastbound trip . In the PM buses will continue on this loop after stopping at the Mall and taking a layover after completing this loop before continuing eastbound . Passengers riding through the Mall may stay on the bus during its layover . This route will connect with Route A Downtown and Route C at the Mall . 109 Redesign Streamline 2020: Transit Development Plan 10 6(5p5 6(5 pc pGp5p5 !(® 6(5 !b Bozeman Target Walmart Deaconess Hospital Bozeman High School Gallatin High School Gallatin Valley Mall Bozeman Senior Center Bozeman Public Library Montana State University !"#90 Baxter Ln Oak St Durston Rd N 19th AveW College St Cottonwood RdBoylan RdManley RdS Church AveHaggerty Ln Proposed Weekday Route A City Boundaries USA Urban Areas Main St W Grant St ||¡||¡||¡N Rouse AveW Mendenhall St W Babcock St S Willson AveTschache Ln N 15th AveN 7th AveW College St S 11th Ave||¡||¡||¡0 0.5 10.25 Miles° MSU SUB||¡ ||¡||¡||¡N 27th AveCatron St MAP 1: PROPOSED ROUTE A 110 Redesign Streamline 2020: Transit Development Plan 11 6(5p5 6(5 pc pGp5 !(® 6(5 Bozeman ||¡||¡||¡||¡Highland BlvdW Main St E Main St W Main StUS Hwy 191 ||¡||¡||¡||¡||¡||¡||¡||¡||¡Walmart Deaconess Hospital Bozeman High School Gallatin High School Gallatin Valley Mall Bozeman Senior Center Bozeman Public Library Montana State University !"#90 Oak St Durston RdW Durston Rd Cottonwood RdS 11th AveFowler LnW Koch St Highland BlvdHaggerty Ln E Oak St Proposed Weekday Route B 0 0.4 0.80.2 Miles°City Boundaries USA Urban Areas N 7th AveRavalli St Cottonwood RdFallon St ||¡||¡||¡N Rouse AveW Mendenhall St S Willson AveS Bozeman AveN Tracy AveMAP 2: PROPOSED ROUTE B 111 Redesign Streamline 2020: Transit Development Plan 12 Route C This route connects MSU with Gallatin Valley Mall and West Bozeman residential areas (Map 3) . Beginning at the MSU Strand Union Building the route will operate via Grant Street, S . 11th Avenue, and W . College Street to the Mall . From the Mall the route will make a one way loop via Huffine Lane, S. Fowler Avenue, Fallon Street, Ferguson Avenue, Durston Road, Hunters Way, W . Babcock Street, and W . Main Street back to the Mall . From the Mall the route will return to MSU via W . College Street, S . 11th Avenue, and Grant Street . This route will be interlined with Route A at MSU and connect with Route B at Gallatin Valley Mall . Unlike the current Yellow Line, this new route will serve the Gallatin Valley Mall in both directions providing better access to MSU for individuals using the park and ride at the Mall as well as students employed or wishing to shop at the Mall . Route A and C will be interlined at the MSU Strand Union Building . Passengers wishing to travel between the two routes may stay on the bus during its layover . Interlining is necessary because the round trip running time on Route A exceeds 60 minutes while the round trip running time on Route C is about 40 minutes . By interlining the shorter route with the longer route; one less bus is needed to provide the combined service . In the long term plan, concurrent with the implementation of Route F (map 11) the one way loop segment will become bi-directional . Route G will replace the Hunters Way, Babcock, and Main Street segment while Route C will be extended via Durston to a terminal loop of 22nd Avenue, 19th Avenue back to Durston . Route D The proposed Route D will provide service to Belgrade (Map 4) . Instead of operating through Four Corners the route will use the I-90 frontage road to access Belgrade . This will enable Streamline to directly serve neighborhoods in Belgrade without needing to cross the railroad tracks at grade and be subject to delays when long freight trains pass . Starting at Walmart this route will travel via W . Oak Street and N . 7th Avenue, continuing on the I-90 Frontage Road and W . Main Street in Belgrade to a one way terminal loop via N . Grogan Street, into Spooner Road, Triple Crown Road, Jack Rabbit Lane, and W . Main Street . The route will then return to Walmart in Bozeman by the reverse of the above Route . Route D will connect with Route A, Skyline Bus and Jefferson Line intercity buses at Walmart . The parking lot at Grace Lutheran Church can serve as a park and ride for customers not within walking distance of Route D . Even though Route D operates close to Bozeman Airport, it is not recommended that it serve it in the short term . This limited schedule for Route D is not convenient for either airport employees or passengers and the extra time to serve the airport will inconvenience most Route D passengers . In the Long Term Plan if Route D service is increased to operate during the same service span as the other local routes the possibility of serving the airport in one direction should be explored. (There is insufficient time to serve the airport in both directions and maintain a 60 minute headway with one bus and make connections with Route A at Walmart .) If this is pursued serving the airport en route to Belgrade in the morning and en route to Bozeman in the afternoon would best accommodate customer demand and minimize inconvenience . Route E The proposed Route E will operate in the Additional Route (Map 12) and Long Term scenarios (Map 15) . It will operate bi directionally between Downtown Bozeman and the new Gallatin High School serving the Public Safety Complex, Bozeman Senior Social Center, and the Northside of Bozeman High . From the Downtown Transit Center it will operate via N . Tracey Avenue, E . Babcock Street, N . Rouse Avenue, Tamarack Street, N . 7th Avenue, Durston Road, N . 27th Avenue, and W . Oak Street to Cottonwood Road . After turning at the round-about at W . Oak Street and Cottonwood Road the bus will return Downtown via the reverse of the above route except that it will use E . Mendenhall instead of E . Babcock Street . Route E will connect with Route A and B in Downtown and intersect with Route A at Oak and 7th Avenue . In the Long Term Plan Route E will be extended to MSU southbound via Mendenhall Street, S . 11th AVE and Grant Street to MSU Strand Union . Northbound the route will operate form MSU via Grant, S . 11th Avenue, Main Street, S . Willson Avenue, Babcock Street, Bozeman Avenue and Mendenhall Street to the Transit Center where it will continue via the above route to Gallatin High School . In the Long Term Plan Route E will also connect with Route A, C, and F at MSU and intersect with Route E at 27th and Durston and 27th and Oak . 112 Redesign Streamline 2020: Transit Development Plan 13 6(5p5 6(5 Bozeman High School Gallatin Valley Mall Montana State University Durston RdW Durston Rd W College St W Koch St S 19th AveW Babcock St S 11th AveFallon St W Beall St N 7th AveFowler LnProposed Weekday Route C 0 0.2 0.40.1 Miles° ||¡||¡||¡||¡City Boundaries USA Urban Areas W Main StS Ferguson AveW Grant St||¡||¡||¡||¡US Hwy 191 Hunters WayW M ain StMAP 3: PROPOSED ROUTE C 113 Redesign Streamline 2020: Transit Development Plan 14p5p5 !b !(® 6(5 6p Belgrade Bozeman Bozeman Yellowstone International Airport ||¡||¡||¡||¡Target Walmart Park and Ride Gallatin High School !"#90 Baxter LnThorpe RdSpringhill RdLove LnNelson RdOak St M cIlhattan R dS Alaska RdBostwick RdTubb RdHulbert Rd W Proposed Weekday Route D 0 0.85 1.70.425 Miles° Frontage Rd City Boundaries USA Urban Areas N 7th AveE Main St N Grogan St Triple Crown Rd Jack Rabbit Ln MAP 4: PROPOSED ROUTE D 114 Redesign Streamline 2020: Transit Development Plan 15 6(5p5 6(5 pcp5 !(® 6(5 Bozeman ||¡||¡||¡||¡Walmart Bozeman High School Gallatin High School Gallatin Valley Mall Bozeman Senior Center !"#90 Baxter Ln Oak St Durston RdW Durston Rd W College St W Babcock St Fallon St Hunters WayW Beall St E Oak St Proposed Weekday Route E 0 0.3 0.60.15 Miles°City Boundaries USA Urban Areas W Main St Oak St N 27th AveDurston Rd N 7th AveW Tamarack St N Rouse AveE Mendenhall St N Tracy AveW Babcock StCottonwood RdMAP 5: PROPOSED ROUTE E 115 Redesign Streamline 2020: Transit Development Plan 16 Route F Route F would operate only in the Long Term plan (Map 6) . It will operate bi directionally between MSU and the Billings Clinic serving potential infill development along N . 27th Ave north of Oak Street . In conjunction with this route, Route C will be modified to provide two way service along a portion of the proposed one way loop in the Core Service and Additional Route scenarios, while Route F will provide two way service on the other portion of this loop . Both routes would operate between MSU and the Gallatin Valley Mall via the alignment proposed for Route C on a staggered headway to provide increased frequency along this segment . Route F would then operate via Main Street, W . Babcock Street, Hunters Lane . Durston Street, N . 27th Avenue, to a terminal loop via Valley Center Road, Catron Street, Max Avenue, and Cattail Street, back to N . 27th Avenue . This route will connect with Route A and E at MSU, Route A at Target and Route B at Gallatin Valley Mall . It will also intersect with Route E at 27th and Durston and 27th and Oak . Route G Route G would operate only in the Long Term Plan (Map 7) . It will operate bi directionally between Walmart and Story Mill Park on weekdays and it will be extended to the Drinking Horse Mountain and College M Trailheads . Beginning at Walmart this route will operate via Oak Street, N . 7th Avenue . W . Griffin Drive, and Bridger drive to Story Mill Park were on weekdays it will turn around in the parking lot . On weekends route G will be extended via Bridger Drive to both trailheads where it will run around in the College M parking lot . This route will serve the new Food Bank/ Resource Hub/Year Round Warming Center planned to be located on Griffin Drive. Route G will be timed to connect with Route A and D at Walmart . LateNight Downtown The existing LateNight Downtown Loop will continue to operate Thursday through Saturday during the school year via the current route . Although technically a one way loop it essentially connects Downtown with student residential areas around campus on a 30 minute headway and therefore does not subject passengers to 60 minute round trips that the existing daytime route design does . Livingston The Livingston route currently averages 8 boardings per day; however can carry up to 35 boardings per day during bad winter weather . Because of its very low productivity during good weather it is recommended that this route only operate for half the year from mid- October to mid-April . Skyline Service to Four Corners With the recommendation that the proposed bus route serving Belgrade (Route D) via the I-90 corridor instead of through Four Corners, it is recommended that HRDC develop an agreement with the Gallatin County Big Sky Transportation District, the operator of Skyline Bus to allow passengers to ride locally between Four Corners and Bozeman free of charge . Buses would use the existing Skyline Stop at Cardinal Distributing (near the existing Jack Rabbit/Shedhorn stops on the current Green Line) and stop at the current Green line stops on Huffine Lane near Arrowhead and Gooch Hill . It is also recommended that Skyline relocate their MSU stop to the Strand Union Building to connect with Streamline buses . This service can be supplemented by utilizing Galavan buses to pick up or drop off customers at any one of these three stop locations and connect with Streamline at the Gallatin Valley Mall or MSU at times that Skyline is not operating . In the Long Term Plan establishing a microtransit zone (see below) is recommended . If Four Corners is not part of a future UTD, a fare should be charge for travel on Four Corners microtransit service . 116 Redesign Streamline 2020: Transit Development Plan 17 6(5p5 6(5 pc pGp5p5 !(® 6(5 !b Bozeman N 27th AveMain StN 27th AveCatron St W Grant St S 11th AveMax AveVal l ey Center RdTarget Walmart Deaconess Hospital Bozeman High School Gallatin High School Gallatin Valley Mall Bozeman Senior Center Bozeman Public Library Montana State University !"#90 Baxter Ln Durston Rd W Babcock StDavis LnW College StManley RdCottonwood RdHillside Ln Frontage Rd Proposed Weekday Route F City Boundaries USA Urban Areas 0 0.5 10.25 Miles° MSU SUB ||¡||¡||¡MAP 6: PROPOSED ROUTE F 117 Redesign Streamline 2020: Transit Development Plan 18 6(5 p5 !(® Bozeman GallatinNational Forest College M Trailheadand Picnic Area Story Mill Community Park Walmart Bozeman Senior Center !"#90Manley RdOak St McIlhattan Rd E Oak St F is h H a t c h e r y R d Proposed Weekday Route G City Boundaries USA Urban Areas Bridger Canyon Dr U U 0 0.4 0.80.2 Miles° Bridger Canyon Dr W Griffin Dr N 7th AveW Oak St Route G (weekend service) MAP 7: PROPOSED ROUTE G 118 Redesign Streamline 2020: Transit Development Plan 19 Microtransit A common request in both the stakeholder interviews and online survey conducted as part of this project was the desire to expand the coverage of Streamline to serve both existing and potential development . As discussed under service strategies above, the density and/or design of much development is not supportive of fixed route transit. Microtransit can be an alternative to expand the reach of Streamline . Microtransit is a form of demand-responsive transport . This transit service offers flexible routing and/or flexible scheduling of minibus vehicles . Possible pick-up/drop- off stops are restricted (usually within a geofenced area), and transit can be provided either as a stop-to- stop service or curb-to-curb service . Dynamic scheduling and routing of microtransit service limit the productivity of microtransit . In a survey TMD conducted on microtransit services, productivity ranged from 2 .42 to 7 .5 boardings per hour . Therefore microtransit should be targeted to areas that may not support conventional fixed route services but still can generate ridership at the higher end of the productivity scale. Extending the reach of fixed route service, i.e. first and last mile connectivity, is a common application to microtransit . To avoid over subscription of microtransit in Bozeman (over subscription will lead to longer wait times or the need to add vehicles and the associated cost to keep response times low) a fare should be charged . However if microtransit is used to replace fixed route service, concerns about fairness can arise; particularly if it is replacing free fixed route service. If service is provided for free it needs to be limited to clearly defined zones with a focus of connecting to fixed route service for access to the rest of the community . For example under the Core Service Plan, a zone bounded by Main Street, Wallace Avenue, Tamarack Street and N . 7th Avenue, would allow for connections to Route A and B at Black and Mendenhall . A second zone bounded by Durston Road, N . 27th Avenue, Baxter Lane and N . 19th Avenue that would transport passengers to Gallatin Valley Mall for connections with Route B and C. The zones would replace the fixed route service on the existing Blue line and Red line in the Core Service plan . In the Additional Route plan there would be no need for the establishment of these zones as they will be replaced by a new fixed route. In the longer term microtransit could be designed to serve River Rock and Belgrade providing for internal trips within the area and connections with Route D . Other areas particularly south of MSU, Four Corners and other areas in West Bozeman could be also be possible microtransit zones . There are several options for implementing microtransit including national specialty firms or a local provider like Galavan . If Galavan is used to provide microtransit software and hardware will likely need to be acquired to provide general public microtransit. This can benefit existing Galavan customers by eliminating the need to for making advance reservations . Customers with a smart phone could book rides using an app installed on their phone . Those without a smart phone or who feel more comfortable making reservations over the phone could call the dispatch center, where the customer service agents would use the app to book the trip . Because fewer calls will be received it may be possible to reduce cost of the reservation center . The one-time cost of acquiring hardware and software is $20,000 to $50,000 . The annual cost of licensing and maintenance is $30,000 to $60,000 . Operating and capital cost are reflected in Table 11 (Operating) and Table 12 (Capital) . Vanpool from Three Forks and Manhattan HRDC should determine if there is interest in establishing vanpools for residents of Three Forks and Manhattan . Vanpools would be most effective if there is a common destination such as MSU, Deaconess Hospital or Downtown Bozeman . Bridger Bowl Service No change planned . Continued operation of service is contingent on retaining funding specifically for this service . 119 Redesign Streamline 2020: Transit Development Plan 20 !b6(5p5 6(5 pc pGp5p5 !b !(® 6(5 Target Walmart Park and Ride Deaconess Hospital Bozeman High School Gallatin High School Gallatin Valley Mall Bozeman Senior Center Bozeman Public Library Montana State University !"#90 Baxter LnThorpe RdS p rin g hill RdDurston Rd Frontage Rd Gooch Hill RdSpain Bridge RdMagenta RdHulbert Rd W US Hwy 10 State Hwy 84 Huffine LnUS Hwy 191 Frontage Rd Jackrabbit LnState Hwy 85State Hw y 86Norris Rd S Manhattan Bridger Dr N 7th AveBozeman Microtransit Zones 6p Streamline Long Term Network Microtransit Zones City Boundaries USA Urban Areas Belgrade Four Corners Bozeman 0 1 20.5 Miles° Bozeman Yellowstone International Airport MSU SUB Gallatin National Forest 6(5p5 6(5 pc pGp5p5 !(® 6(5 !b !"#90 W Oak St N 19th AveW College St Highland BlvdN 7th AveCatron St N 27th AveE Kagy BlvdS Willson AveN FergusonE Tamarack St Target Walmart Deaconess Hospital Bozeman High School Gallatin High School Gallatin Valley Mall Bozeman Senior Center Bozeman Public Library Montana State University E Main St City of Bozeman, MT MSU SUB U College M Trailheadand Picnic Area RiverRock MAP 8: MICROTRANSIT ZONES 120 Redesign Streamline 2020: Transit Development Plan 21 CORE SERVICE PLAN This scenario assumes flat funding and is implementable within HRDC’s existing funding envelope . The focus of this scenario is to improve the current Streamline network by providing bi-directional service on four year-round routes . Key elements of the Core Service plan: »All four year-round routes run bi-directional service . »Major Transfer Locations: • Gallatin Valley Mall (Route B and C) • Mendenhall and Black (Route A and B) • Walmart (Route A and D) »Buses arrive once every 60 minutes at each stop on Route A, B, and C with 30-minute service during weekday peak periods . »Route D will have five round trips on weekdays. »Route A and C will operate for about 15 hours on weekdays (EX: 6:30am to 9:30pm) . »Route B will operate for about 13 hours on weekdays (EX: 6:30am to 7:30pm) . »Route A, plus segments of Route B and C will operate for about 11 hours on Saturdays and Sundays (EX: 8:00am to 7:00pm) . »LateNight Downtown will continue operating as current . LateNight Upstream will be discontinued with hours reallocated to later service on Route A and C Monday through Friday . 10 11 12 13 14 15 10 Service spans listed are for illustrative purposes only. Schedules have not been developed at this time. 11 Operates only between Gallatin Valley Mall and Deaconess Hospital 12 Operates only between Gallatin Valley Mall and MSU 13 Thursday and Friday only 14 One mid-day trip weekdays 15 This route operates in the evening only, therefore the bus used to serve this route is not included in the peak bus total. TABLE 3: CORE SERVICE SUMMARY Service Availability TABLE 4: CORE SERVICE SUMMARY Service Availability ROUTE FREQUENCY SERVICE SPAN10 Weekday Saturday Sunday Weekday Saturday Sunday A 30/60 60 60 6:30am- 9:30pm 8am-7pm 8am-7pm B 30/60 6011 604 6:30am- 7:30pm 8am-7pm 8am-7pm C 30/60 6012 605 6:30am- 9:30pm 8am-7pm 8am-7pm D 5 trips --6:30am- 7:30pm -- Livingston 1 trip AM Inbound/ PM Outbound LateNight Downtown 3013 30 -8pm-2:30am ROUTE REVENUE HOURS REVENUE MILES YEAR ONE ANNUAL OPERATING COST PEAK BUSES MID-DAY AND WEEKEND BUSES A 6,310 91,495 442,583 2 1 B 5,800 75,516 406,812 2 1 C 6,055 53,223 424,698 2 1 D 1,275 25,487 89,429 1 114 Livingston 510 30,212 35,771 1 LateNight Downtown 2,125 24,204 149,031 115 Total 22,075 300,138 1,548,324 8 3 121 Redesign Streamline 2020: Transit Development Plan 22 6(5p5 6(5 pc pGp5p5 !b !(® 6(5 !b Target Walmart Park and Ride Deaconess Hospital Bozeman High School Gallatin High School Gallatin Valley Mall Bozeman Senior Center Bozeman Public Library Montana State University !"#90 Baxter LnThorpe RdS p rin g hill RdDurston Rd Frontage Rd Gooch Hill RdSpain Bridge RdMagenta RdHulbert Rd W Proposed Routes 6p Four Corners Bozeman 0 1 20.5 Miles° Bozeman Yellowstone International Airport ||¡||¡||¡||¡||¡||¡||¡||¡||¡||¡||¡ Gallatin National Forest 6(5p5 6(5 pc pGp5p5 !(® 6(5 !b !"#90 ||¡||¡||¡||¡||¡||¡||¡||¡||¡||¡||¡W Oak St N 19th AveW College St Highland BlvdN 7th AveCatron St N 27th AveE Kagy BlvdS Willson AveN FergusonE Tamarack St Target Walmart Deaconess Hospital Bozeman High School Gallatin High School Gallatin Valley Mall Bozeman Senior Center Bozeman Public Library Montana State University City of Bozeman, MT !"#90 City Boundaries USA Urban Areas Streamline 2020 Weekday Network ||¡||¡||¡||¡||¡||¡||¡||¡||¡||¡||¡||¡Belgrade MSU SUB MSU SUB Proposed Weekday Routes Route A Route B Route C Route D MAP 9: WEEKDAY CORE SERVICE NETWORK 122 Redesign Streamline 2020: Transit Development Plan 23 6(5p5 6(5 pc pGp5p5 !(® 6(5 !b Bozeman Target Walmart Deaconess Hospital Bozeman High School Gallatin High School Gallatin Valley Mall Bozeman Senior Center Bozeman Public Library Montana State University !"#90 Baxter Ln Oak St Durston Rd N 19th AveW College St Cottonwood RdBoylan RdManley RdS Willson AveEllis St Cedar St Weekend Proposed Core Service City Boundaries USA Urban Areas Main StN 27th AveCatron St W Grant St Proposed Weekday Routes Route A Route B Route C ||¡||¡N Rouse Ave||¡||¡||¡||¡||¡||¡||¡N 7th AveW Mendenhall St S Willson AveS Bozeman AveW Babcock St N Tracy Ave0 0.5 10.25 Miles° MSU SUB Tschache Ln N 15th Ave||¡||¡||¡||¡ ||¡||¡||¡MAP 10: WEEKEND CORE SERVICE NETWORK 123 Redesign Streamline 2020: Transit Development Plan 24 !b6(5p5 6(5 pc pGp5p5 !b !(® 6(5 Target Walmart Park and Ride Deaconess Hospital Bozeman High School Gallatin High School Gallatin Valley Mall Bozeman Senior Center Bozeman Public Library Montana State University !"#90 Baxter LnThorpe RdS p rin g hill RdDurston Rd Frontage Rd Gooch Hill RdSpain Bridge RdMagenta RdHulbert Rd W US Hwy 10 State Hwy 84 Huffine LnUS Hwy 191 Frontage Rd Jackrabbit LnState Hwy 85State Hw y 86Norris Rd S Manhattan Bridger Dr N 7th AveBozeman Half-Mile Access from Streamline Proposed Core Network 6p Proposed Core Network Half-Mile Buffer City Boundaries USA Urban Areas Belgrade Four Corners Bozeman 0 1 20.5 Miles° Bozeman Yellowstone International Airport MSU SUB GallatinNational Forest 6(5p5 6(5 pc pGp5p5 !(® 6(5 !b !"#90 W Oak St N 19th AveW College St Highland BlvdN 7th AveCatron St N 27th AveE Kagy BlvdS Willson AveN FergusonE Tamarack St Target Walmart Deaconess Hospital Bozeman High School Gallatin High School Gallatin Valley Mall Bozeman Senior Center Bozeman Public Library Montana State University E Main St City of Bozeman, MT MSU SUB U College M Trailheadand Picnic Area MAP 11: HALF MILE ACCESS CORE SERVICE PLAN 124 Redesign Streamline 2020: Transit Development Plan 25 ADDITIONAL ROUTE SERVICE PLAN This scenario assumes a modest increase in funding to support a fifth route. In this scenario all five year- round routes have bi-directional service . Key elements of the Additional Route plan: »All five year-round routes run bi-directional service . »Major Transfer Locations: • Gallatin Valley Mall (Route B and C) • Mendenhall and Black (Route A, B, and E) • Walmart (Route A and D) »Buses arrive once every 60 minutes at each stop on Route A, B, C, and E with 30-minute service during weekday peak periods . »Route D will have five round trips on weekdays. »Route A and C will operate for about 15 hours on weekdays (EX: 6:30am to 9:30pm) . »Route B, D, and E will operate for about 13 hours on weekdays (EX: 6:30am to 7:30pm) . »Route A and E, plus segments of Route B and C will operate for about 11 hours on Saturdays and Sundays (EX: 8am to 7pm) . »LateNight Downtown will continue operating as current . LateNight Upstream will be discontinued with hours reallocated to later service on Route A and C Monday through Friday . 16 16 Route D will have one mid-day trip on weekdays only. Route B and C will share one bus on weekends. ROUTE FREQUENCY SERVICE SPAN10 Weekday Saturday Sunday Weekday Saturday Sunday A 30/60 60 60 6:30am- 9:30pm 8am-7pm 8am-7pm B 30/60 6011 6011 6:30am- 7:30pm 8am-7pm 8am-7pm C 30/60 6012 6012 6:30am- 9:30pm 8am-7pm 8am-7pm D 5 trips -6:30am- 7:30pm -- E 60 60 -6:30am- 7:30pm 8am-7pm 8am-7pm Livingston 1 trip AM Inbound/ PM Outbound LateNight Downtown 3013 30 -8pm-2:30am 8pm-2:30am ROUTE REVENUE HOURS REVENUE MILES YEAR ONE ANNUAL OPERATING COST PEAK BUSES MID-DAY AND WEEKEND BUSES A 6,310 91,495 442,583 2 1 B 5,800 75,516 406,812 2 1 C 6,055 53,223 424,698 2 1 D 1,275 25,487 89,429 1 1 E 5,545 57,169 388,926 2 1 Livingston 510 30,212 35,771 1 LateNight Downtown 2,125 24,204 149,031 1 Total 27,620 357,307 1,937,251 10 416 TABLE 5: ADDITIONAL ROUTE SERVICE SUMMARY Service Availability TABLE 6: ADDITIONAL ROUTE SERVICE SUMMARY Service Statistics 125 Redesign Streamline 2020: Transit Development Plan 26 6(5p5 6(5 pc pGp5p5 !b !(® 6(5 !b Target Walmart Park and Ride Deaconess Hospital Bozeman High School Gallatin High School Gallatin Valley Mall Bozeman Senior Center Bozeman Public Library Montana State University !"#90 Baxter LnThorpe RdS p rin g hill R d Durston Rd Frontage Rd Gooch Hill RdSpain Bridge RdMagenta RdHulbert Rd W Proposed Routes 6p Four Corners Bozeman 0 1 20.5 Miles° Bozeman Yellowstone International Airport ||¡||¡||¡||¡||¡||¡||¡||¡||¡||¡||¡ Gallatin National Forest 6(5p5 6(5 pc pGp5p5 !(® 6(5 !b !"#90 ||¡||¡||¡||¡||¡||¡||¡||¡||¡||¡||¡W Oak St N 19th AveW College St Highland BlvdN 7th AveCatron St N 27th AveE Kagy BlvdS Willson AveN FergusonE Tamarack St Target Walmart Deaconess Hospital Bozeman High School Gallatin High School Gallatin Valley Mall Bozeman Senior Center Bozeman Public Library Montana State University City of Bozeman, MT !"#90 City Boundaries USA Urban Areas Streamline 2020 Weekday Network ||¡||¡||¡Proposed Weekday Routes Route A Route B Route C Route D Route E ||¡||¡||¡||¡||¡||¡||¡||¡||¡Belgrade MSU SUB MSU SUB MAP 12: ADDITIONAL ROUTE SERVICE NETWORK 126 Redesign Streamline 2020: Transit Development Plan 27 6(5p5 6(5 pc pGp5p5 !(® 6(5 !b Bozeman Target Walmart Deaconess Hospital Bozeman High School Gallatin High School Gallatin Valley Mall Bozeman Senior Center Bozeman Public Library Montana State University !"#90 Baxter Ln Oak St Durston Rd N 19th AveW College St Cottonwood RdBoylan RdManley RdS Willson AveEllis St Cedar St Weekend Proposed Core Service City Boundaries USA Urban Areas Main StN 27th AveCatron St W Grant St Proposed Weekday Routes Route A Route B Route C ||¡||¡N Rouse Ave||¡||¡||¡||¡||¡||¡||¡N 7th AveW Mendenhall St S Willson AveS Bozeman AveW Babcock St N Tracy Ave0 0.5 10.25 Miles° MSU SUB Tschache Ln N 15th Ave||¡||¡||¡||¡ ||¡||¡||¡Route E MAP 13: ADDITIONAL ROUTE SERVICE WEEKEND NETWORK 127 Redesign Streamline 2020: Transit Development Plan 28 !b6(5p5 6(5 pc pGp5p5 !b !(® 6(5 Target Walmart Park and Ride Deaconess Hospital Bozeman High School Gallatin High School Gallatin Valley Mall Bozeman Senior Center Bozeman Public Library Montana State University !"#90 Baxter LnThorpe RdS p rin g hill RdDurston Rd Frontage Rd Gooch Hill RdSpain Bridge RdMagenta RdHulbert Rd W US Hwy 10 State Hwy 84 Huffine LnUS Hwy 191 Frontage Rd Jackrabbit LnState Hwy 85State Hw y 86Norris Rd S Manhattan Bridger Dr N 7th AveBozeman Half-Mile Access for Streamline Additional Route Scenario 6p Proposed Addtional Route Scenario Half-Mile Buffer City Boundaries USA Urban Areas Belgrade Four Corners Bozeman 0 1 20.5 Miles° Bozeman Yellowstone International Airport MSU SUB GallatinNational Forest 6(5p5 6(5 pc pGp5p5 !(® 6(5 !b !"#90 W Oak St N 19th AveW College St Highland BlvdN 7th AveCatron St N 27th AveE Kagy BlvdS Willson AveN FergusonE Tamarack St Target Walmart Deaconess Hospital Bozeman High School Gallatin High School Gallatin Valley Mall Bozeman Senior Center Bozeman Public Library Montana State University E Main St City of Bozeman, MT MSU SUB U College M Trailheadand Picnic Area MAP 14: HALF MILE ACCESS ADDITIONAL ROUTE PLAN 128 Redesign Streamline 2020: Transit Development Plan 29 LONG TERM SERVICE PLAN This scenario assumes an increase in funding levels that would allow HRDC to expand service levels beyond current operations . In this scenario, two additional year-round routes are added to the network and all year-round routes have bi-directional service . Weekday and weekend service hours are significantly increased . The optimum plan is presented here . The meetings with Stakeholders and the responses to the survey indicated a strong desire to expand the areas covered by Streamline . However, the existing areas that are unserved with fixed route service and much of the growth will not have sufficient density to support all day fixed route transit. One new route is designed to serve an area targeted for higher density development and the new Billings Clinic while another route will serve a new mixed use development serving vulnerable populations and a regional park . Microtransit could be deployed in other areas such as River Rock in Belgrade . River Rock is an example of a development that will have a mix of housing that could support transit, but the isolated nature of the development makes microtransit a better option for the short to medium term . If the area grows considerably with a mix of housing types and consistent densities of over 7 dwelling units per acre a fixed route serving the area could be warranted . Microtransit is also suggested for the area south of MSU in Bozeman and Four Corners . If the growth south of MSU results in density and urban form more supportive of fixed route service, a route connecting with Routes A, C, E, and F at MSU could provide 30 minute service for about the same cost as microtransit . The Four Corners area is less likely to develop into an area supportive of fixed route service. However development on the western periphery of Bozeman will need to be monitored for potential implementation of microtransit or if urban form and density support extending Route B or Route E to serve new development . This increases operating costs beyond what is proposed in this plan, however that could be partially offset by increased property values in that area . Service to the airport may be justified once the Route D begins operating all day seven days per week . However as stated above in the description of Route D it would be served in one direction (toward Belgrade in the AM and toward Bozeman in the PM) to maintain connections with other routes and maintain a 60 minute frequency . ROUTE FREQUENCY SERVICE SPAN2 Weekday Saturday Sunday Weekday Saturday Sunday A 30 all day/60 evening 30 60 6am-10pm 8am-8pm 8am-8pm B 30 all day/60 evening 30 60 6am-10pm 8am-8pm 8am-8pm C 30 all day/60 evening 30 60 6am-10pm 8am-8pm 8am-8pm D 60 60 60 6am-10pm 8am-8pm 8am-8pm E 30 all day/60 evening 30 60 6am-10pm 8am-8pm 8am-8pm F 30 all day/60 evening 30 60 6am-10pm 8am-8pm 8am-8pm G 30 60 60 7am-7pm 8am-7pm 8am-7pm Livingston 1 trip AM Inbound/ PM Outbound LateNight Downtown 3013 30 -10pm- 2:30am 8pm-2:30am South Bozeman Microtransit On-demand On-demand On-demand 6am-10pm 8am-8pm 8am-8pm River Rock Microtransit On-demand On-demand On-demand 6am-10pm 8am-8pm 8am-8pm Four Corners Microtransit On-demand On-demand On-demand 6am-10pm 8am-8pm 8am-8pm TABLE 7: LONG TERM SERVICE SUMMARY Service Availability 129 Redesign Streamline 2020: Transit Development Plan 30 Key elements of the Long Term plan: »All seven year-round routes run bi-directional service . »Major Transfer Locations: • Gallatin Valley Mall (Route B, C, and F) • Mendenhall and Black (Route A, B, and E) • MSU (Route A, C, E, and F) • Walmart (Route A, D, and G) • Target (Route A and F) »Buses arrive once every 30 minutes at each stop except on route D which will run every 60 minutes . »All routes run for 16 hours on weekdays (EX: 6am-10pm) year-round except Route G (12 hours) . »All routes run for 12 hours on Saturdays and Sundays (EX: 8am-8pm) year-round except Route G (11 hours) . »LateNight Downtown route is reduced to start operations at 10pm on Thursday and Friday when other routes stop operating . ROUTE REVENUE HOURS REVENUE MILES YEAR ONE ANNUAL OPERATING COST PEAK BUSES MID-DAY AND WEEKEND BUSES A 9,594 139,113 672,923 2 1 B 9,594 124,914 672,923 2 1 C 9,594 84,331 672,923 2 1 D 5,400 107,946 378,756 1 1 E 9,594 141,703 672,923 2 1 F 9,594 123,859 672,923 2 1 G 3,211 35,443 225,213 1 1 Livingston 510 30,212 35,771 1 LateNight Downtown 1,536 17,502 107,769 1 South Bozeman Microtransit 5,400 64,800 378,756 1 1 River Rock Microtransit 5,400 64,800 378,756 1 1 Four Corners Microtransit 5,400 64,800 378,756 1 1 Total 74,827 999,423 5,248,393 16 10 TABLE 8: LONG TERM SERVICE SUMMARY Service Statistics 130 Redesign Streamline 2020: Transit Development Plan 31 6(5p5 6(5 pc pGp5p5 !b !(® 6(5 !b Target Walmart Park and Ride Deaconess Hospital Bozeman High School Gallatin High School Gallatin Valley Mall Bozeman Senior Center Bozeman Public Library Montana State University !"#90 Baxter LnThorpe RdS p rin g hill RdDurston Rd Frontage Rd Gooch Hill RdSpain Bridge RdMagenta RdHulbert Rd W Proposed Routes 6p Four Corners Bozeman Bozeman Yellowstone International Airport ||¡||¡||¡||¡||¡||¡||¡||¡ Gallatin National Forest 6(5p5 6(5 pc pGp5p5 !(® 6(5 !b !"#90 ||¡ ||¡||¡||¡||¡||¡||¡||¡W Oak St N 19th AveW College St Highland BlvdN 7th AveCatron St N 27th AveE Kagy BlvdS Willson AveN FergusonE Tamarack St Target Walmart Deaconess Hospital Bozeman High School Gallatin High School Gallatin Valley Mall Bozeman Senior Center Bozeman Public Library Montana State University City of Bozeman, MT !"#90||¡||¡||¡||¡||¡||¡||¡||¡||¡||¡||¡||¡Proposed Weekday Routes Route A Route B Route C Route D Route E Route F Route G (weekend service) Streamline 2020 Weekday Network 0 1 20.5 Miles ° City Boundaries USA Urban Areas Microtransit MSU SUB MSU SUB Belgrade ||¡||¡||¡||¡||¡MAP 15: LONG TERM SERVICE NETWORK 131 Redesign Streamline 2020: Transit Development Plan 32 !b6(5p5 6(5 pc pGp5p5 !b !(® 6(5 Target Walmart Park and Ride Deaconess Hospital Bozeman High School Gallatin High School Gallatin Valley Mall Bozeman Senior Center Bozeman Public Library Montana State University !"#90 Baxter LnThorpe RdS p rin g hill RdDurston Rd Frontage Rd Gooch Hill RdSpain Bridge RdMagenta RdHulbert Rd W US Hwy 10 State Hwy 84 Huffine LnUS Hwy 191 Frontage Rd Jackrabbit LnState Hwy 85State Hw y 86Norris Rd S Manhattan Bridger Dr N 7th AveBozeman Half-Mile Access from Streamline Long Term Network 6p Streamline Long Term Network Half-Mile Buffer Microtransit Zones City Boundaries USA Urban Areas Belgrade Four Corners Bozeman 0 1 20.5 Miles° Bozeman Yellowstone International Airport MSU SUB GallatinNational Forest 6(5p5 6(5 pc pGp5p5 !(® 6(5 !b !"#90 W Oak St N 19th AveW College St Highland BlvdN 7th AveCatron St N 27th AveE Kagy BlvdS Willson AveN FergusonE Tamarack St Target Walmart Deaconess Hospital Bozeman High School Gallatin High School Gallatin Valley Mall Bozeman Senior Center Bozeman Public Library Montana State University E Main St City of Bozeman, MT MSU SUB U College M Trailheadand Picnic Area MAP 16: HALF MILE ACCESS LONG TERM SERVICE PLAN 132 Redesign Streamline 2020: Transit Development Plan 33 6(5p5 6(5 W Main StS Ferguson AveW Grant St US Hwy 191 Hunters WayW Main StN 22nd AveN 19th AveBozeman High School Gallatin Valley Mall Montana State University Durston RdW Durston Rd W College St W Koch St S 11th AveFallon St N 7th AveN 15th AveFowler LnFlandersmill RdProposed Weekday Route C 0 0.2 0.40.1 Miles°City Boundaries USA Urban Areas MAP 17: PROPOSED ROUTE C LONG TERM 133 Redesign Streamline 2020: Transit Development Plan 34 6(5p5 6(5 pcp5 !(® 6(5 !b Bozeman ||¡||¡||¡||¡||¡||¡||¡||¡Walmart Bozeman High School Gallatin High School Gallatin Valley Mall Bozeman Senior Center Montana State University !"#90 Oak St Durston RdW Durston Rd W College St Cottonwood RdW Babcock St Fallon St S 19th AveFowler LnW Beall St Tschache Ln Gold AveE Kagy Blvd Proposed Weekday Route E City Boundaries USA Urban Areas W Main St Oak St MSU SUBN 27th AveDurston Rd N 7th AveW Tamarack St N Rouse AveE Mendenhall St N Tracy AveW Babcock StCottonwood Rd0 0.3 0.60.15 Miles° W Grant StS 11th AveMAP 18: PROPOSED ROUTE E LONG TERM 134 Redesign Streamline 2020: Transit Development Plan 35 TRAVEL TIME COMPARISON The table below compares travel time between select origin/destination pairs under the current network and the proposed network . Because the current network contains one way loops (except for the Green Line); the fastest one way time is shown on the left side of table, while the round trip travel time (since most passengers will need to make a round trip) is shown on the right . Except for an exception noted in the table, the travel times are the same under all three scenarios . 17 17 Additional Route and Long Term Scenario only TABLE 9: COMPARISON OF TRAVEL TIME O/D PAIR FASTEST ONE WAY TRAVEL TIME ROUND TRIP TRAVEL TIME Current Proposed Difference Current Proposed Difference Belgrade - Walmart 56 25 31 124 50 74 Belgrade - MSU 33 47 14 65 94 29 Belgrade - Downtown Bozeman 47 40 7 90 79 11 MSU - Walmart 18 17 1 54 36 18 MSU - Babcock/Main Street 19 26 7 50 40 10 MSU - Hunters Way/ Durston 30 22 8 50 40 10 Gallatin Valley Mall - 7th/Main Street 10 8 2 29 16 13 Downtown Bozeman - Deaconess Hospital 20 18 2 60 39 21 Downtown Bozeman - Cottonwood/Fallon 30 12 18 52 24 28 Senior Center - 27th/ Oak17 44 8 36 88 16 72 135 Redesign Streamline 2020: Transit Development Plan 36 Implementation Plan SHORT TERM PLAN Upon adoption of the Transit Development Plan, HRDC should continue to work with stakeholders and community members to ensure the successful implementation of the service recommendations, either Core Service or Additional Route scenarios, in August 2021 . Key next steps include the following: »Confirm route alignment changes with municipalities and address any issues not brought forth during the development of this plan »Develop detailed schedules for each proposed route »Conduct a stop audit to determine best location and improvements needed at each location »Identify the various elements in the capital program to support the network scenarios »Develop a strategy for informing the community of the changes and encouraging new customers to use the service »Redesign public information materials (schedules, maps, how to use the system) both online and hard copy to improve customer understanding of the system Due to the directness of the proposed routes and improvements in frequency and span, it is anticipated that the proposed recommendations will generate additional ridership by encouraging existing riders to take more trips on transit and by attracting new customers . The second step is to convene community stakeholders to develop a strategy for creating a UTD . While a UTD can be established even if the census does not result in an urban designation for Bozeman; it is essential if Bozeman becomes an urbanized area as HRDC will no longer be eligible to receive federal transit funds . (A UTD could still contract with HRDC to manage the transit program or it could manage the service with its own staff .) LONG TERM PLAN Key steps for pursuing the Long Term Plan »Establish a working group of stakeholders to develop the strategy for creating a UTD (2021) . Tasks of this group include: • Determine the boundaries of the UTD • Determine the tax rate of the UTD • Survey the community and conduct focus groups to test receptiveness to potential UTD scenarios (boundaries and rates) based on service recommendations in this plan • Identify champions to advocate for the plan in the community »Schedule a vote concurrent with regular elections in 2022 »If successful develop a transition plan from HRDC to the UTD (It could include a continuing role for HRDC in managing the service) »If the ballot measure fails and Bozeman becomes a UZA; develop a transition of transit responsibility to the City of Bozeman or Gallatin County »Prior to election, begin laying the groundwork for grants to support acquiring vehicles and other capital needs to implement the Long Term Plan »If the ballot measure is approved, immediately begin the grant application process to secure funds for capital needs to implement the Long Term Plan »Due to lead time for obtaining grant awards and procuring buses which could delay implementing the plan until 2024 or 2025; consider leasing buses to achieve earlier implementation 136 Redesign Streamline 2020: Transit Development Plan 37 TRANSIT CENTERS For the Core Service and Additional Route scenarios the existing transit hubs – MSU Strand Union, Downtown at Mendenhall and Black, Walmart and Gallatin Valley Mall have adequate capacity . Walmart . MSU and Downtown can accommodate three buses at one time and it unlikely that more buses will be scheduled at these locations at one time . Enhancements such as improved shelters and better presentation of transit information should be considered . In the Long Term Plan there could be instances where more than three buses will be at a hub at one time, particularly Walmart . For the network to work effectively Route D and G need to be timed to connect with Route A . That means that both the northbound and southbound Route A buses need to pass through Walmart while Route D and G are laying over . Even if the northbound and southbound buses are schedule to be offset, in reality buses operating in both directions could arrive at Walmart at the same time . Also Skyline and Jefferson Lines use this stop creating more potential conflicts. The grassy area and walkway to Oak Street adjacent to the existing stop can be reconfigured to accommodate four to eight buses (depending on layout) at one time that will address this issue . This could be a substantial capital cost . At MSU the schedule for Route A and E and Route C and F will be staggered to provide more frequent service between MSU and Downtown and MSU and Gallatin Valley Mall resulting with two buses at MSU at one time . It is recommended that Skyline Bus shift its MSU stop to Strand Union to facilitate transfers between Skyline and Streamline . This would account Capital Program The following capital improvements are intended to support the proposed service changes . These recommendations are aimed at improving system access and making the system more attractive to use for both current and potential customers . These recommendations can be implemented as resources allow and support all three service scenarios . BUS STOP AMENITIES The proposed recommendations will require both the installation of new stops and upgrades to existing stops . Stop spacing is recommended to be ¼ mile, with stops placed on the farside of intersections where possible . For all new alignment areas (places where existing routes do not currently run), the number of new stops required was calculated based on this ¼ mile spacing standard . In places where existing routes currently operate, new stops will also need to be installed due to the addition of bi-directional service . Therefore, the below costs are estimates . The number of ADA landing areas and curb ramps (required for new stops and desired for existing stops if there is not a sidewalk adjacent to the curb) is a conservative estimate . A full stop audit is recommended to determine the required number of upgrades for existing and proposed stops . It is also recommended that benches are installed at stops that represent the top 30 percent ridership locations and shelters at stops that represent the top 15% ridership locations . (Additional shelters can be conditioned as a requirement for new development along existing and proposed routes .) The exact locations can be determined following the implementation of the recommended route alignment changes and subsequent ridership evaluation . The following table shows the capital improvement costs for the Additional Route and the Long Term Plan . IMPROVEMENT UNIT PER UNIT COST ADDITIONAL ROUTE LONG TERM PLAN Quantity Total Cost Quantity Total Cost Bus Stop Sign and Pole Number $75 143 $10,725 18 $1,350 Bus Stop Sign Installation Number $50 143 $7,150 18 $900 Bench Number $950 43 $40,850 6 $5,700 Bench Installation Number $30 43 $1,290 6 $180 Bus Shelter Number $15,000 21 $315,000 3 $45,000 Bus Shelter Installation Number $750 21 $15,750 3 $2,250 5’ x 8’ ADA Landing Area Number $2,000 72 $144,000 9 $18,000 Curb Ramps Number $3,500 72 $252,000 9 $31,500 Total:$786,765 $104,880 TABLE 10: CAPITAL IMPROVEMENT COSTS – BUS STOPS 137 Redesign Streamline 2020: Transit Development Plan 38 for the potential for a third bus at one time, reaching the current capacity of this location . However a microtransit service for South Bozeman would need to be timed to connect with one of the fixed route pairs, resulting in the possibility of a fourth vehicle at one time . Modifying the extended curb at the west end of the drive would be the simplest way to accommodate four vehicles . The current location for Downtown would not have more than three buses scheduled at one time, the current capacity of the stop . If the City chooses to make Mendenhall a two way street the current island would need to be removed and buses would stop on the curb . If this happens it is recommended that the sidewalk be widened (it is currently narrower opposite the transit island) to provide more space for pedestrians and customer waiting for the bus and be designed to accommodate at least four buses at one time to account for future growth beyond what is proposed in this plan . It appears that there is sufficient curb space at Gallatin Valley Mall to accommodate an increase in the number of vehicles at one time . REVENUE VEHICLES The current Streamline fleet consists of 11 buses with eight needed at peak times . This does not change under the Core Service Plan . However the Additional Route Plan will require one additional peak bus if a 60 minute headway is maintained all day long or two additional buses if a 30 minute headway is maintained during peak hours consistent with Route A, B and C . To maintain a 20% spare ratio (the industry standard) the total fleet will need to grow by one to 12. With four new buses arriving in February 2021 and a fifth new bus arriving in 12 to 18 months this can be accomplished by not retiring the one to two of the oldest buses in the best condition . While not sustainable as a long term strategy it will enable implementing the Additional Bus scenario in 2021 . The Long Term Plan has a peak vehicle requirement of 13 buses requiring a fleet size of 16 full size buses. Therefore four buses for expansion will need to be acquired . Four smaller vehicles – either cutaways for Galavan or vans to provide the microtransit service will also need to be added to the fleet. If a third party operates the microtransit service they may lease vehicles as part of the contract . It is anticipated that the changes recommended in this plan – both short term and long term will result in increased ridership . This is based on priding more direct service and improved frequency and service span . Therefore it is recommended that future bus procurements consist of 40 foot 12 year heavy duty buses to accommodate increased customer loads and provide lower life cycle costs . If Bozeman becomes an urbanized area as a result of the 2020 census it will be eligible for additional 5339 Bus and Bus facilities funding which can cover up to 80% of the cost of purchasing vehicle . Currently the State of Montana receives $1 .75 million per year of 5339 funds while urbanized areas receive 5339 funds based on their 5307 apportionment . Section 5339 also has a discretionary element in which the agency can submit a grant application for additional funds . The above is based on the current federal transit program which expires September 30, 2021 . The new authorization may make significant changes to the program which cannot be anticipated at this time, although it is not anticipated that the program will be reduced . MAINTENANCE FACILITY HRDC requires the contractor of service to provide a maintenance facility for transit vehicles . A one vehicle increase to support the Additional Route Plan may not create capacity issue at the current facility . A further expansion of four vehicles plus possibly four smaller vehicles could exceed capacity forcing the contractor to acquire or construct a larger facility resulting in increased contractor costs . While short term alternatives may be possible, such as finding a nearby alternative location to park buses; consideration needs to be given to a longer term solution . One option would be for HRDC or the successor UTD to construct a maintenance facility for use by the contractor . Doing so could be contingent on obtaining discretionary grants such as FTA 5339 . TRANSIT TECHNOLOGY Continuing improvements in technology are enabling transit systems to provide a better customer experience in addition to providing better real time data that can improve operations . Due diligence is essential before procuring any type of technology by consulting with other transit systems regarding their experience with installation, performance, and post installation processes . It is important to recognize that technology is a tool and not the end in itself . Therefore the desired outcome must be clearly defined first, and if technology is not needed to provide the desired result or unnecessary in the operating environment it should not be pursued . For example if Streamline remains fare free there is no need to pursue mobile payment options, however if the agency chooses to begin charging fares (this plan does not make a recommendation regarding fares, but that does not preclude that from occurring at some future date) technology to enable mobile payment will be needed . 138 Redesign Streamline 2020: Transit Development Plan 39 Performing due diligence includes: »Identifying issues with procurement and installation experienced at other transit agencies – actual experience compared to promises »Issues with performance at other transit agencies once installed and in use . Does the technology perform as promised? »Changes in staffing and procedures needed to properly use the technology and get maximum value from it »Identify impacts on operating costs resulting from installation, particularly if it results in the need for increased staffing, changes in staff compensation and the licensing and maintenance costs of the technology As stated in the section on microtransit above there will be a need to acquire a booking and scheduling application . This could also be used to improve scheduling Galavan paratransit . Improvements are needed in customer transit information apps (a top issue raised in the online survey conducted as part of this project) . Buses should be equipped with automatic vehicle locators (AVL) and automatic passenger counters (APC) and dispatch needs to have updated monitors to view actual bus locations . 139 Redesign Streamline 2020: Transit Development Plan 40 Financial Plan The tables below outline a five year operating and capital plan based on the following assumptions: »The Additional Route plan will be implemented in FY 2022 (CY 2021) »A public vote in November 2022 for the formation of a UTD and dedicated funding source with service expansion beginning in FY 2025 (CY 2024) »A three percent annual inflation factor The implementation plan lays out the steps needed to implement both the short term recommendations in FY 2022 (CY 2021) and the long term plan . While this provides a blueprint there are several issues that could impact actual implementation . However these tables provide a guide that can be adjusted as circumstances change . Also these tables lay out the resource needs to implement both plans which will provide guidance in developing budgets, grant application strategies and decisions related to a potential ballot measure (e .g . the geographical boundaries of the UTD and tax rate to be assessed) . 1 Note A: This table does not include the five buses on order . It is assumed that they will replace the oldest vehicles in the fleet. Assuming a 12 year life (Gilligs) and 10 year life (all others) there will be no need to replace other vehicles in the fleet during the time frame of this table. The $500,000 figure is to expand the bus fleet by one with a 40 foot 12 year heavy duty bus to support the Additional Route scenario; although in the short term delaying the retirement of the best vehicle to be replaced by the vehicles on order can allow implementation the Additional Route in 2021 . 18 Assumes the Additional Route Plan is implemented in FY 2022 and a successful vote in November 2022 with implementation of new service implementation in FT 2025. Note B: The FY 2022 technology number is to improve the transit information mobile app . Note C: Reserves will be set aside to provide local match for vehicle replacement in later years, additional technology acquisitions, midlife overhauls of vehicles and other unanticipated capital needs . Note D: This assumes the purchase of four 40 foot 12 year heavy duty buses (including spares) for fixed route service expansion and four smaller vehicles (including a spare) for microtransit service . Note E: Provide modifications to Walmart and MSU Transit Centers to increase vehicle capacity . Note F: Currently the contractor provides the facility to store and maintain vehicles . If this continues, the cost of expanding the facility if needed to accommodate growth, will likely increase the operating budget as it will be amortized over the life of the service contract . PLANNING SCENARIO FY22 FY23 FY24 FY25 FY26 Core Service $1,548,324 $1,594,774 $1,642,617 $1,691,895 $1,742,652 Additional Route $1,937,251 $1,995,369 $2,055,230 $2,116,886 $2,180,393 Long Term Plan18 $1,937,251 $1,995,369 $2,055,230 $5,735,061 $5,907,113 TABLE 11: ANNUAL OPERATING COSTS TABLE 12: CAPITAL BUDGET Long Term Plan Revenue Vehicles (Note D)$2,500,000 Bus Stop Improvements $104,880 Transit Centers (Note E)$3,000,000 Maintenance Facility Note F Technology $60,000 Total $1,215,765 $3,400,000 $3,564,880 $400,000 $400,000 FY22 FY23 FY24 FY25 FY26 Core Service/Additional Bus Plan Revenue Vehicles (Note A)$500,000 Bus Stop Improvements $785,765 Technology (Note B)$30,000 Reserves (Note C)$400,000 $400,000 $400,000 $400,000 $400,000 Subtotal $1,215,765 $900,000 $400,000 $400,000 $400,000 140 1 APPENDIX A Community Survey Analysis How often do you typically ride Streamline? Students and Nonstudents 889 surveys submitted 136 selected Student as employment status 753 categorized as Nonstudents 21 10 17 26 34 28 0 0 50 100 150 200 250 300 350 5-7 days/week 3-4 days/week 1-2 days per week 1-3 days/month 1-11 days/year Never (blank) How often do you typically ride Streamline service? Students Nonstudents 141 2 The majority of total survey respondents (39%) never ride Streamline. For, students specifically, 21-percent never ride Streamline, however, between Students and Nonstudents, Students are more likely to utilize transit. 35% of Students would be considered regular riders, utilizing the service at least once a week, whereas 21% of Nonstudents are regular riders. - Students that never ride Streamline: 21% - Nonstudents that never ride Streamline: 42% Employed and Retired 578 Employed (full time and part time) 118 Retired Employed respondents account for 65% of all respondents, whereas Retired respondents make up 13% of total survey respondents. - Employed regular riders: 22% - Employed that never ride Streamline: 39% - Retired regular riders: 10% - Retired that never ride Streamline: 58 0 5 7 14 22 69 1 0 50 100 150 200 250 5-7 days/week 3-4 days/week 1-2 days/week 1-3 days/month 1-11 days/year Never (blank) How often do you ride Streamline? Employed Retired 15% 7% 13% 19% 25% 21% How often Students ride Streamline 5-7 days per week 3-4 days per week 1-2 days per week 1-3 days per month 1-11 days per year Never 142 3 Regular Riders and Never Riders 199 Regular riders (1-7 days/week) 347 Never riders - Respondents that ride Streamline regularly: 22% - Respondents that never ride Streamline: 39% 32% 31% 37% How often Regular Riders ride Streamline 5-7 days/week 3-4 days/week 1-2 days/week 143 4 Income level 221 under $25 K 341 between $25 K and $75 K 270 over $75 K Income under $25 K - Make 25% of total respondents - Regular riders 36% - Never riders: 27% Income $25-75 K - Make up 38% of total respondents - Regular riders: 21% - Never riders: 37% Income over $75 K - Make up 30% of total respondents - Regular riders: 13% - Never riders: 51% 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 5-7 days/week 3-4 days/week 1-2 days/week 1-3 days/month 1-11 days/year Never (blank) How often do you ride Streamline? < $25 K $25-75 K > $75 K 144 5 If you ride Streamline, which route(s) do you ride most often? Students and Nonstudents Of the 136 Students, 48 are regular riders. Routes with responses greater than 24 capture over half of regular student riders: - Blueline - Redline - Yellowline - Campus Shuttle - LateNight – Downtown Of the 753 reported Nonstudents, 151 are regular riders. Routes with responses greater than 75 capture over half of regular Nonstudent riders: - Blueline - Redline - Yellowline - Orangeline BluelineRedlineYellowlineOrangelineGreenlineCampus ShuttleLivingstonSundayLN–DLN –UN/AI don't know(blank)0 10 20 30 40 50 Student route use 147 144 111 84 58 46 24 6 62 36 266 31 60 0 50 100 150 200 250 300 BluelineRedlineYellowlineOrangelineGreenlineCampus ShuttleLivingstonSundayLN–DLN –UN/AI don't know(blank)Nonstudent route use 145 6 Employed and Retired Opaque colors symbolize employed responses, transparent colors indicate retired responses. Of the 578 reported Employed, 129 are regular riders. Routes with responses greater than 64 capture over half of regular Employed riders. - Blueline - Redline - Yellowline - Orangeline Of the 118 reported Retired, 12 ride Streamline regularly. Routes with responses greater than 6 capture over half of regular Retired riders. - Blueline - Redline - Yellowline - Orangeline 23 17 9 9 4 2 0 2 1 2 50 4 0 20 40 60 80 100 120 140 160 180 200 BluelineRedlineYellowlineOrangelineGreenlineCampus ShuttleLivingstonSundayLN-DLN-UN/AI don't knowRoute use by Employed and Retired 146 7 Regular Riders There are 199 Regular Riders. Similarly, to previous categories, the four core routes are most often utilized. 0 10 20 30 40 50 60 70 80 90 100 BluelineRedlineYellowlineOrangelineGreenlineCampus ShuttleLivingstonSundayLN-DLN-UN/AI don't knowWhich route(s) do you ride most often? 147 8 Income level Income under $25 K - With 80 regular riders, the Blueline, Redline, Yellowline and LateNight – Downtown capture over half of regular rides. Income $25-75 K - With 72 regular riders, the Blueline, Redline, Yellowline, Greenline and LateNight – Downtown capture more than half of this population. In this category the response count for N/A more than doubled. Income over $75 K - There are 35 regular riders in this category. The Blueline, Redline, Yellowline and Orangeline capture over half of regular riders with income over $75 K 0 20 40 60 80 100 120 140 BluelineRedlineYellowlineOrangelineGreenlineCampus ShuttleLivingstonSundayLN-DLN-UN/AI don't knowUnder $25 K 0 20 40 60 80 100 120 140 BluelineRedlineYellowlineOrangelineGreenlineCampus ShuttleLivingstonSundayLN-DLN-UN/AI don't know$25-75 K 0 20 40 60 80 100 120 140 BluelineRedlineYellowlineOrangelineGreenlineCampus ShuttleLivingstonSundayLN-DLN-UN/AI don't knowOver $75 K 148 9 How likely would each of the changes result in you riding Streamline or using it more often? Below are the top-ranking ‘Very Likely’ response categories for each population. Students and Nonstudents Overlap: Buses arrive on time, service closer to home Employed and retired Overlap: More direct routes – reducing travel time, service closer to destinations and home, buses arrive on time 0 10 20 30 40 50 60 70 80 90 100 Tracking App On time Operate later Closer to home Students 0 50 100 150 200 250 300 350 400 Direct routesCloser to homeCloser to destinationsOn timeNonstudents 0 50 100 150 200 250 300 350 Direct routes Closer to destinations Closer to home On time Employed 0 10 20 30 40 50 60 Closer to homeDirect routesCloser to destinationsOn timeInformationRetired 149 10 Regular riders and Never riders Overlap: buses arrive on time, more direct routes – reducing travel time, service closer to destinations Income Overlap: buses arrive on time, more direct routes – reducing travel time, service closer to destinations 0 20 40 60 80 100 120 140 On timeTracking appOperate laterDirect routesCloser to destinationsRegular riders 020 40 60 80100 120 140 160180 200 Closer to home Direct routes Closer to destinations On time Never riders 0 20 40 60 80 100 120 140 160 180 On time Tracking appDirect routes Closer to destinations Under $25 K 0 20 40 60 80 100 120 140 160 180 Direct routes Closer to home Closer to destinations On time $25-75 K 0 20 40 60 80 100 120 140 160 180 Closer to home Direct routes Closer to destinations On time Over $75 K 150 11 What is your age? Students and Nonstudents Employed and Retired 0 25 50 75 100 125 150 175 200 225 250 17 or under 18-23 24-30 31-45 46-64 65+(blank) What is your age? Students Non-students 0 25 50 75 100 125 150 175 200 225 250 17 or under 18-23 24-30 31-45 46-64 65+(blank) What is your age? Employed Retired 151 12 Regular Riders and Never Riders Income Level 0 10 20 30 40 50 60 70 80 90 100 17 or under 18-23 24-30 31-45 46-64 65+(blank) What is your age? Regular Riders Never Riders 0 10 20 30 40 50 60 70 80 90 100 110 120 17 or under 18-23 24-30 31-45 46-64 65+(blank) What is your age? < $25 K $25-75 K > $75 K 152 13 What is your employment status? Students and Nonstudents Employed and Retired 0 100 200 300 400 500 600 700 800 Student Nonstudent What is your employment status? 0 100 200 300 400 500 600 Employed full-time Employed part-time Retired What is your employment status? 153 14 Regular Riders and Never Riders Income Level 0 20 40 60 80 100 120 140 160 180 Employed full- time Employed part- time Homemaker Retired Student Unemployed (blank) What is your employment status? Regular Riders Never Riders 0 20 40 60 80 100 120 140 160 180 200 220 Employed full- time Employed part- time Homemaker Retired Student Unemployed (blank) What is your employment status? < $25 K $25-75 K > $75 K 154 15 Which best describes your race or ethnicity? Students and Nonstudents Employed and Retired 0 100 200 300 400 500 600 700 800 900 American Indian or Alaska Native Asian or Asian American Black or African American Hispanic or Latino Native Hawaiian or other Pacific Islander White or Caucasian Other (blank) Which best describes your race or ethnicity? Students Non-students 0 100 200 300 400 500 600 American Indian or Alaska Native Asian or Asian American Black or African American Hispanic or Latino Native Hawaiian or other Pacific Islander White or Caucasian Other (blank) Which best describes your race or ethnicity? Employed Retired 155 16 Regular Riders and Never Riders Income Level 0 50 100 150 200 250 300 350 American Indian or Alaska Native Asian or Asian American Black or African American Hispanic or Latino Native Hawaiian or other Pacific Islander White or Caucasian Other (blank) Which best describes your race or ethnicity? Regular Riders Never Riders 0 50 100 150 200 250 300 350 American Indian or Alaska Native Asian or Asian American Black or African American Hispanic or Latino Native Hawaiian or other Pacific Islander White or Caucasian Other (blank) Which best describes your race or ethnicity? < $25 K $25-75 K > $75 K 156 17 Which best describes your gender? Students and Nonstudents Employed and Retired 0 50 100 150 200 250 300 350 400 Female Male Non-binary Other (blank) Which best describes your gender? Students Non-students 0 50 100 150 200 250 300 350 Female Male Non-binary Other (blank) Which best describes your gender? Employed Retired 157 18 Regular Riders and Never Riders Income Level 0 20 40 60 80 100 120 140 160 180 200 Female Male Non-binary Other (blank) Which best describes your gender? Regular Riders Never Riders 0 20 40 60 80 100 120 140 160 180 200 Female Male Non-binary Other (blank) Which best describes your gender? < $25 K $25-75 K > $75 K 158 19 What is the size of your household? Students and Nonstudents Employed and Retired 0 50 100 150 200 250 300 350 1 2 3-5 6 or more (blank) What is the size of your household? Students Non-Students 0 50 100 150 200 250 300 1 2 3-5 6 or more (blank) What is the size of your household? Employed Retired 159 20 Regular Riders and Never Riders Income Level 0 20 40 60 80 100 120 140 160 1 2 3-5 6 or more (blank) What is the size of your household? Regular Riders Never Riders 0 20 40 60 80 100 120 140 160 1 2 3-5 6 or more (blank) What is the size of your household? < $25 K $25-75 K > $75 K 160 21 In the last year, which best describes your annual household income? Students and Nonstudents Employed and Retired 0 20 40 60 80 100 120 140 160 Less than $10,000 $10,000 - $24,999 $25,000 - $49,999 $50,000 - $74,999 $75,000 - $99,999 $100,000 or more (blank) In the last year, which best describes your annual household income? Students Non-Students 0 20 40 60 80 100 120 140 Less than $10,000 $10,000 - $24,999 $25,000 - $49,999 $50,000 - $74,999 $75,000 - $99,999 $100,000 or more (blank) In the last year, which best describes your household income? Employed Retired 161 22 Regular Riders and Never Riders Income Level 0 10 20 30 40 50 60 70 80 90 Less than $10,000 $10,000 - $24,999 $25,000 - $49,999 $50,000 - $74,999 $75,000 - $99,999 $100,000 or more (blank) In the last year, which best describes your annual household income? Regular Riders Never Riders 0 20 40 60 80 100 120 140 160 180 200 Less than $10,000 $10,000 - $24,999 $25,000 - $49,999 $50,000 - $74,999 $75,000 - $99,999 $100,000 or more (blank) In the last year, which best describes your annual household income? 162 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Kristin Donald, Finance Director SUBJECT:Resolution 5291, Creating Special Improvement Lighting District 764, Walker Property Sub Lot 3 Block 5 P.U.D. MEETING DATE:May 11, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 5291, Creating Special Improvement Lighting District #764, Walker Property Sub Lot 3 Block 5 P.U.D. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: The Commission did on April 20, 2021 adopt Commission Resolution No. 5290/ Intent to Create Special Improvement Lighting District #764, Walker Property Sub Lot 3 Block 5 P.U.D. as per MCA 7-12-4301. The property owner has been noticed of the public hearing on this date. Creating a lighting district is a requirement of final plat approval. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is estimated to cost $87.60 annually for the entire district, which is payable semiannually. Attachments: Resolution 5291 Creation of SILD 764-Walker Property Sub Lot 3 Blk 5 PUD .doc 163 Report compiled on: March 30, 2021 164 Page 1 of 4 RESOLUTION 5291 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 764(WALKER PROPERTY SUB LOT 3 BLOCK 5 P.U.D.) CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), as follows: Section 1 Passage of Resolution of Intention. This Commission, on April 20, 2021, adopted Resolution No. 5290 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to create a special lighting district, designated as Special Lighting District No. 764 (Walker Property Sub Lot 3 Block 5 P.U.D.) of the City (the “District”), under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended (the “Act”), for the purpose of financing costs of certain local improvements described generally therein (the “Improvements”) and paying costs incidental thereto, including costs associated with the creation and administration of the District. Section 2 Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published, posted and mailed in all respects in accordance with law, and on May 11, 2021, this Commission 165 Resolution 5291, Creation of SILD 764 – Walker Property Sub Lot 3 Block 5 Page 2 of 4 conducted a public hearing on the creation of the District and the making of the Improvements. The meeting of this Commission at which this resolution was adopted is the first regular meeting of the Commission following the expiration of the period ended 15 days after the first date of publication of the notice of passage of the Resolution of Intention (the “Protest Period”). Section 3 Protests. Within the Protest Period, no protests were filed with the City Clerk. Section 4 Creation of the District; Insufficiency of Protests. The District is hereby created on the terms and conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings and determinations made in the Resolution of Intention are hereby ratified and confirmed. Section 5 Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all necessary schedules and resolutions for the levying of assessments in the District necessary to finance the Improvements and present such resolution to this Commission for adoption in conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October. The City Clerk is authorized to provide notice of the resolution of assessment and schedule a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final passage of such resolution deliver it to the City Treasurer. Section 6 Lighting District Fund Established. There is hereby created a fund to be known as the Special Lighting District No. 764 Fund (the “Fund”). All money derived from the collection of the assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to 166 Resolution 5291, Creation of SILD 764 – Walker Property Sub Lot 3 Block 5 Page 3 of 4 pay costs of the Improvements. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 11 th day of May, 2021. ___________________________________ CYNTHIA ANDRUS Mayor ATTEST: ________________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 167 Resolution 5291, Creation of SILD 764 – Walker Property Sub Lot 3 Block 5 Page 4 of 4 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5291 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 764 (WALKER PROPERTY SUB LOT 3 BLOCK 5 P.U.D.); CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BYTHE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on May 11, 2021 and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof:______________________________________ _______________________________ ; voted against the same: _________________________; abstained from voting thereon: ________________ ; or were absent:__________________. WITNESS my hand officially this 12th day of May, 2021. ___________________________________ MIKE MAAS City Clerk 168 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Kristin Donald, Finance Director SUBJECT:Resolution 5297, Creating Special Improvement Lighting District 765, Haven Shelter MEETING DATE:May 11, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 5297, creating Special Improvement Lighting District #765, Haven Shelter. 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 Commission did on April 20, 2021 adopt Commission Resolution No. 5296/ Intent to Create Special Improvement Lighting District #765, Haven Shelter as per MCA 7-12-4301. The property owner has been noticed of the public hearing on this date. Creating a lighting district is a requirement of final plat approval. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is estimated to cost $91.45 annually for the entire district, which is payable semiannually. Attachments: Resolution 5297 Creation of SILD 765-Haven Shelter .doc Report compiled on: April 7, 2021 169 Page 1 of 4 RESOLUTION 5297 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 765 (HAVEN SHELTER) CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), as follows: Section 1 Passage of Resolution of Intention. This Commission, on April 20, 2021, adopted Resolution No. 5296 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to create a special lighting district, designated as Special Lighting District No. 765 (Haven Shelter)of the City (the “District”), under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended (the “Act”), for the purpose of financing costs of certain local improvements described generally therein (the “Improvements”) and paying costs incidental thereto,including costs associated with the creation and administration of the District. Section 2 Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published, posted and mailed in all respects in accordance with law, and on May 11, 2021, this Commission conducted a public hearing on the creation of the District and the making of the Improvements. The 170 Resolution 5297, Creation of SILD 765 – Haven Shelter Page 2 of 4 meeting of this Commission at which this resolution was adopted is the first regular meeting of the Commission following the expiration of the period ended 15 days after the first date of publication of the notice of passage of the Resolution of Intention (the “Protest Period”). Section 3 Protests. Within the Protest Period, no protests were filed with the City Clerk. Section 4 Creation of the District; Insufficiency of Protests. The District is hereby created on the terms and conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings and determinations made in the Resolution of Intention are hereby ratified and confirmed. Section 5 Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all necessary schedules and resolutions for the levying of assessments in the District necessary to finance the Improvements and present such resolution to this Commission for adoption in conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October. The City Clerk is authorized to provide notice of the resolution of assessment and schedule a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final passage of such resolution deliver it to the City Treasurer. Section 6 Lighting District Fund Established. There is hereby created a fund to be known as the Special Lighting District No. 765 Fund (the “Fund”). All money derived from the collection of the assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to pay costs of the Improvements. 171 Resolution 5297, Creation of SILD 765 – Haven Shelter Page 3 of 4 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 11 th day of May, 2021. ___________________________________ CYNTHIA ANDRUS Mayor ATTEST: ________________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 172 Resolution 5297, Creation of SILD 765 – Haven Shelter Page 4 of 4 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5297 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 765 (HAVEN SHELTER); CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BYTHE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on May 11, 2021 and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof:______________________________________ _______________________________ ; voted against the same: _________________________; abstained from voting thereon: ________________ ; or were absent:__________________. WITNESS my hand officially this 12th day of May, 2021. ___________________________________ MIKE MAAS City Clerk 173 Memorandum REPORT TO:City Commission FROM:Kristin Donald, Finance Director David Fine, Urban Renewal District Program Manager SUBJECT:Resolution 5286, Amending the Fiscal Year 2021 (FY21) Budget to Record the Debt Issuance, Debt Service Payment, and Appropriations to be in Line with the Midtown Urban Renewal District’s FY21 Work Plan MEETING DATE:May 11, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:Move to approve Resolution 5286 amending the Fiscal Year 2021 (FY21) Budget to record the debt issuance, debt service payment and appropriations to be in line with the Midtown Urban Renewal District’s FY21 work plan. 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: Due to the Pandemic we delayed the Urban Renewal work plans and budget for FY21. We budgeted in FY21 the same appropriations as FY20 with plans to make budget amendments if needed later. We need to increase the appropriations for the Midtown Urban Renewal District based on its work plan and some project related changes. In July 2020, the Midtown Urban Renewal District issued bonds for its street scape projects. We need to amend the budget for this debt issuance and its debt service payment as well. The resolution contains 4 groupings of amendments: Bond Sale and Project - This records the bond sale and the appropriations for the streetscape project. Adjustment to work plan- This makes the amendment from our FY20 amounts we had loaded in the FY21 budget tie to the work plan presented in July. Debt Service payment- This appropriates the funds to make the FY21 bond payment. Increase in project costs- There has been some change orders and we 174 need additional appropriations to cover the costs. All these changes are funded through bond proceeds and fund balance. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:This resolution increases appropriations to the Midtown TIF Fund by $1,867,758 and the estimated FY21 fund balance will now be $1,053,682. The resolution also creates appropriation for the project fund that was funded by the bond issuance for $6,997,645 and the resolution also appropriates the debt service payment for the year for $401,894. Attachments: Resolution 5286 Budget Amendment Midtown TIF funds.docx Report compiled on: February 23, 2021 175 RESOLUTION NO. 5286 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY’S ANNUAL BUDGET TO MAKE CHANGES TO THE OPERATING, CAPITAL, AND DEBT SERVICES APPROPRIATIONS FOR THE MIDTOWN URBAN RENEWAL FUND, MIDTOWN BOND SERIES 2020 DEBT FUND, AND MIDTOWN STREETSCAPE PROJECT CONSTRUCTION FUND TO BE FUNDED WITH PREVIOUSLY UNBUDGETED REVENUE AND FUND BALANCE APPROVED JUNE 22, 2020. WHEREAS,the City Commission did, on the 22nd day of June, 2020, after due and proper legal notice, conduct a public hearing and adopt a municipal budget for Fiscal Year 2020- 2021 (Fiscal Year 2021); and WHEREAS,the City Commission did, on the 11th day of May, 2021, after due and proper legal notice, conduct a public hearing on proposed amendments to the municipal budget. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 – Appropriation Additions The City Commission of the City of Bozeman, Montana, does hereby authorize and instruct expenditures in the following funds to record the debt issuance, debt service payment and appropriations to be in line with the Midtown Urban Renewal District’s work plan: 176 Section 2 Pursuant to Section 7-6-4030, M.C.A., this resolution, upon its passage, shall be in full force and effect on July 1, 2020. Section 3 That should it be found by any court of competent jurisdiction that any section, clause, portion, sentence, word, or phrase of this resolution is deemed to be contrary to any existing law or regulations, that in this instance, it is the intent of the City Commission of the City of Bozeman, Montana, that all other portions, sections, words, clauses, phrases, or paragraphs of this document shall remain in full force and effect. Fund #Fund Description Account Appropriation Needed Estimated Revenues 571 Midtown Streetscape Bond Capital Project Fund Bond sale Proceeds 7,149,009 571 Midtown Streetscape Bond Capital Project Fund Capital Infrastructure 6,768,781 571 Midtown Streetscape Bond Capital Project Fund Operating costs (bond issuance costs) 380,228 Fund #Fund Description Account Appropriation Needed Estimated Revenues 143 Midtown Special Revenue Fund Operating 1,237,000 Fund Balance Fund #Fund Description Account Appropriation Needed Estimated Revenues 143 Midtown Special Revenues Fund Transfer out 401,894 306 Midtown Bond Series 2020 Debt Service Fund Transfer in 401,894 306 Midtown Bond Series 2020 Debt Service Fund Debt service 401,894 Fund #Fund Description Account Appropriation Needed Estimated Revenues 143 Midtown Special Revenue Fund Transfer out 228,864 571 Midtown Streetscape Bond Capital Project Fund Transfer in 228,864 571 Midtown Streetscape Bond Capital Project Fund Capital Infrastructure 228,864 Budget for Increase in Project Costs Debt Service Payment Budget for Bond Sale and Project Budget to adjust based on work plan presented in July 177 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 11th day of May, 2021. ___________________________________ CYNDY ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 178 Memorandum REPORT TO:City Commission FROM:Kelley Rischke, Assistant City Attorney Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT:Ordinance 2074, Provisional Adoption to Repeal and Replace Division 38.270 "Improvements and Guarantees" of the Bozeman Municipal Code to Allow Greater Flexibility to Concurrently Construct Improvements and Development Projects, Require Installation of Sidewalks Commensurate with All Other Improvements to Provide Accessibility to Everyone, and Generally Clean Up the BMC MEETING DATE:May 11, 2021 AGENDA ITEM TYPE:Ordinance RECOMMENDATION: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21040, and move to provisionally adopt Ordinance 2074. STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity through policies and public awareness. BACKGROUND: This proposal would entirely replace the improvements and guarantees regulations of the Bozeman Municipal Code (BMC) with new standards and procedures. These edits have three major components: requiring timely sidewalk installation for improved accessibility for everyone; increased ability to concurrently construct infrastructure and development projects; and general cleanup of the code. UNRESOLVED ISSUES:None. ALTERNATIVES:1. Recommend denial of the ordinance based on findings of non- compliance with the applicable criteria contained within the staff report; or 2. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. 179 FISCAL EFFECTS: No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Amendment. Attachments: Div 38 270 CC Staff Report.pdf Ordinance 2074 Div 38 270 Improvements and Guarantees FINAL.pdf 07-13-20 City Commission Packet Materials - A5. Res 5179 Ordering Installation of Sidewalks.pdf Report compiled on: April 28, 2021 180 Page 1 of 18 21040 Staff Report for the Improvements and Guarantees Text Amendment, Ordinance 2074 Public Hearings: Zoning Commission – April 12, 2021; Planning Board – April 19, 2021; City Commission – May 11, 2021. Project Description: Update the City of Bozeman (City) regulations that ensure installation of public and private improvements required for public health, safety, and general welfare through the use of improvements agreements and financial and non-financial sureties to guarantee installation of improvements. See Appendix A for detailed description. Project Location: Revision to the text is applicable City-wide. Recommendation: Meets standards for approval. Recommended City Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21040, and move to provisionally adopt Ordinance 2074. Report: April 28, 2021 Staff Contact: Kelley Rischke, Deputy City Attorney Chris Saunders, Community Development Manager Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. Unresolved Issues None. Project Summary This proposal would entirely replace the improvements and guarantees regulations of the Bozeman Municipal Code (BMC) with new standards and procedures. These edits have three components: requiring timely sidewalk installation for improved accessibility for everyone; increased ability to concurrently construct infrastructure and development projects; and general cleanup of the code. 181 Staff Report for the Improvements and Guarantees Text Amendment 21040 Page 2 of 18 First, in striking section 38.270.030.B.2, sidewalks will be installed within the timeframes that all other required infrastructure is – within 1 year (or 2 years if concurrent construction is permitted). The present allowance for delayed installation of sidewalks results in incomplete sidewalk systems for up to three years and much longer than three years in some cases. This change helps directly realize many of Bozeman’s stated goals in its 2020 Community Plan to complete sidewalk networks to improve health of residents and be more inclusive and accessible to people of all abilities including people who walk, people who use wheelchairs, and those who use other non-vehicular means of transportation. Upon completion of subdivision improvements and dedication of new lots via a final plat, the City formally accepts infrastructure improvements and becomes responsible for operations and maintenance of those improvements, including streets. At the time of acceptance, the subdivision infrastructure is considered complete, and the streets are opened to the public. Essentially, the streets are no longer considered a construction zone, and contractors must obtain an encroachment permit from the City Engineering Division for construction or various activities within City right-of-way. If sidewalks are not constructed upon opening streets to the public, the pedestrian mode of transportation is not viable at that time. While builders generally prefer to delay sidewalk installation until after a home is constructed to allow movement of equipment and materials on the site without potentially damaging the sidewalk, there are reasonable and inexpensive methods to protect the sidewalk, such as using a bridge wood plank, steel plate or placement of soil materials on top of the sidewalk during construction. Further, the detailed lot by lot tracking required by the current three year time horizon to install sidewalks results in missing sidewalk segments, incomplete infrastructure, is burdensome, and exceeds organizational capacity. This has been an on-going issue for many years. The Bozeman Public Works Department has received 7 complaints over the past year regarding missing sidewalk segments. Often the cost of installing sidewalks shifts to the purchaser of the property or neighboring properties because the developer is no longer bound by agreement or security to finish the sidewalk infrastructure. By requiring sidewalk installation at subdivision, secured by an improvements agreement and financial and non-financial guarantees, the City will ensure compliance with the code and save resources. The process for the City to install incomplete sidewalks is burdensome and includes: obtaining City Commission approval to order in sidewalks; legal work to determine if there is any remaining applicable security and execute on it, if possible; communicating with the lot owner that the sidewalks will be installed at their expense; hiring a contractor to install missing sidewalk segments; and tracking construction for a small improvements project. See the attached July 13, 2020 City Commission packet for a recent example of the work required to install sidewalks at the request and expense of home owners associations. Essentially, there is substantially reduced efficiency associated with the higher cost of 182 Staff Report for the Improvements and Guarantees Text Amendment 21040 Page 3 of 18 installing one-off improvements when the sidewalks could be installed more efficiently with the subdivision infrastructure. Second, many edits address Bozeman’s changing development environment, recognizing that new projects may increasingly contain a few large lots that will eventually go through subsequent subdivision or development and, consequently, review and scrutiny of the City. These edits provide more flexibility to allow concurrent construction of development projects and required infrastructure, with an improvements agreement and appropriate financial and non-financial sureties to ensure compliance with regulations and completion of the infrastructure. Concurrent construction will no longer be solely available to planned unit developments. Finally, other proposed changes clean up the code, improving its functionality for the City and applicants. These changes include: better organizing the contents of the division; clarifying how, when, and the terms by which improvements agreements may be used; clarifying the kinds of securities and the terms by which they may be used; and setting necessary administrative procedures integrated with the City’s subdivision and zoning development review procedures. To provide clarity and consistency across the Bozeman Municipal Code, cross references are proposed to be added or changed. Additionally, the term “security” is proposed to be used for consistency throughout the BMC, consistency with Montana Code Annotated §76-3-507, and considering the definition of the term “security” in Black’s Law Dictionary. If the City Commission adopts this ordinance it will take effect 30 days after final adoption. Strategic Plan 1.3 Public Agencies Collaboration Foster successful collaboration with other public agencies and build on these successes. 2.2 Infrastructure Investments Strategically invest in infrastructure as a mechanism to encourage economic development. 3.1 Public Safety Support high quality public safety programs, emergency preparedness, facilities, and leadership. 3.3 Friendly Community Ensure Bozeman continues to welcome diversity through policies and public awareness. 4.2 High Quality Urban Approach 183 Staff Report for the Improvements and Guarantees Text Amendment 21040 Page 4 of 18 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. 4.3 Strategic Infrastructure Choices Prioritize long-term investment and maintenance for existing and new infrastructure. 7.3 Best Practices, Creativity, & Foresight c) Improve Departmental Collaboration – Identify opportunities to improve collaboration between City departments and create subgroups on communications, community interactions, long-range planning, and other matters of common concern. 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. Zoning Commission/Planning Board The Zoning Commission held a public hearing on April 12, 2021 at 6:00 p.m. After consideration of the application materials, staff report, and presentation a motion to recommend approval passed unanimously. Primary issues of discussion by the Zoning Commission were requirements related to stormwater systems and changes made to section 38.270.030.D. The video recording and minutes of the public hearing are available at https://bozeman.granicus.com/player/clip/74?view_id=1&redirect=true. No public comment was offered at the hearing. The Bozeman Planning Board held a public hearing on April 19, 2021 at 6:00 p.m. The Planning Board also recommended approval unanimously after considering all information presented. The video recording and minutes of the public hearing are available at https://bozeman.granicus.com/player/clip/78?view_id=1&redirect=true. No public comment was offered at the hearing. No public comment has been received as of the writing of this report. Alternatives 1. Recommend denial of the ordinance based on findings of non-compliance with the applicable criteria contained within the staff report; or 2. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. 184 Staff Report for the Improvements and Guarantees Text Amendment 21040 Page 5 of 18 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Strategic Plan ...................................................................................................................... 3 Zoning Commission/Planning Board .................................................................................. 4 Alternatives ......................................................................................................................... 4 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5 SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 6 Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 6 Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) ............ 12 Section 76-3-501, MCA (Subdivision Purposes)............................................................ 133 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 15 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 16 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 17 APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 18 FISCAL EFFECTS ................................................................................................................. 18 ATTACHMENTS ................................................................................................................... 18 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a text amendment, the Staff recommends approval as proposed. The Zoning Commission held a public hearing on April 12, 2021 and the Planning Board held a public hearing on this amendment on April 19, 2021. The City Commission will hold a public hearing on the text amendment on May 11, 2021 at 6:00 p.m. 185 Staff Report for the Improvements and Guarantees Text Amendment 21040 Page 6 of 18 SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory boards and City Commission must consider the following criteria. As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. In considering the following criteria, the analysis must show that the amendment accomplishes zoning criteria A-D. Zoning criteria E-K must be considered and may be found to be affirmative, neutral, or negative. The Zoning Commission’s favorable decision on the proposed application found that the application meets all of criteria A-D and that the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. The Planning Board evaluated the application against subdivision criteria 1-17 and the favorable decision on the proposed application found that the positive outcomes of the amendment outweigh negative outcomes for criteria 1-17. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Yes. The Bozeman Community Plan 2020 (BCP 2020), Chapter 5, p. 73, in the section titled “Review Criteria For Zoning Amendments And Their Application,” discusses how the various criteria in §76-2-304 MCA are applied locally. Application varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. “In a text amendment, policy statements weigh heavily as the standards being created or revised implement the growth policy’s aspirations and intent. The City must balance many issues in approving urban development.” The proposed amendment does not change the zoning map. Therefore, it is unnecessary to analyze compliance with the future land use map. The basic planning precepts on page 20 of the BCP 2020 include, “The health and well-being of the public is an essential focus and influences and is influenced in turn by urban design and land development.” Also, “The City intends to create a healthy, safe, resilient, and sustainable community by incorporating a holistic approach to the design, construction, and operation of buildings, neighborhoods, and the City as a whole.” The proposed amendments provide for public health, safety, and welfare of the community by providing clear standards and administrative processes for development of critical infrastructure concurrently with new residential or commercial development that will meet the needs of our growing city. Theme 1, A Resilient City, states, “Resilient communities rebound, positively adapt to, and thrive amidst changing conditions or challenges and maintain quality of life, healthy growth, durable systems and conservation of resources for present and future generations.” The theme includes several goals and objectives that apply to the proposed amendments: 186 Staff Report for the Improvements and Guarantees Text Amendment 21040 Page 7 of 18 Goal R-1: Continue to strengthen and develop resilience as a community. R-1.5 Be robust: well-conceived, constructed, and managed systems. R-1.7 Be flexible: willingness and ability to adopt alternative strategies in response to changing circumstances. Goal R-2: Pursue community decisions in a manner that supports resilience. R-2.5 Technical Soundness: Identify solutions that reflect best practices that have been tested and proven to work in similar local or regional contexts. R-2.6 Innovation: Advance new approaches and techniques that will encourage continual improvement and advancement of best practices. R-2.7 Adaptive Capacity: Include flexible and adaptable measures that consider future unknowns of changing climate, economic, and social conditions. R-2.8 Harmonize with Existing Activity: Expand, enhance, or leverage work being done to build on existing efforts. R-2.9 Long-Term and Lasting Impact: Create long-term gains to the community with solutions that are replicable and sustainable, creating benefit for present and future generations. Providing greater flexibility in allowing concurrent construction of infrastructure and development will potentially save time and money after a project has been approved, bringing needed housing and innovative commercial developments to market faster. Concurrent construction is currently permissible under the BMC only when a developer uses a PUD. However, with a recent trend toward developing a few bigger lots that will eventually go through further development process, the City can be more responsive to the needs of developers by expanding the use of concurrent construction. Because the City will have opportunities later to ensure compliance with regulations and timely installation of infrastructure, bringing to bear non-financial security mechanisms in addition to financial securities, the City ensures well-conceived and constructed projects. As individual homes and similar low intensity development do not go through the same follow-up review processes it is appropriate to limit ability for concurrent construction to more complex projects. Under Theme 2, A City of Unique Neighborhoods, Goal N-1 states, “support well-planned, walkable neighborhoods.” Two specific goals apply to the proposed edits that would eliminate delayed installation of sidewalks. N-1.8 Install, replace, and maintain missing or damaged sidewalks, trails, and shared use paths. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. 187 Staff Report for the Improvements and Guarantees Text Amendment 21040 Page 8 of 18 Requiring sidewalks to be built commensurate with construction of other improvements and development projects not only brings Bozeman into compliance with federal law, it also supports connectivity and multi-modal transportation options for all of Bozeman’s citizens. Theme 3, A City Bolstered by Downtown and Complementary Districts, notes “Concentrated development makes sense for our pocketbooks and overall health. When it comes to promoting a walkable, bikeable, safe, affordable, and energy-efficient community, density and design matter.” Several important goals are squarely addressed by the proposed amendments. Goal DCD-1: Support urban development within the City DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support infill development, reduce costs, and minimize disruption to the public. 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. DCD-2.1 Coordinate infrastructure development, land use development, and other City actions and priorities through community planning. Goal DCD-3: Ensure multimodal connectivity within the City. DCD-3.1 Expand multimodal accessibility between districts and throughout the City as a means of promoting personal and environmental health, as well as reducing automobile dependency. Goal DCD-4: Implement a regulatory environment that supports the Community Plan goals. DCD-4.2 Continuously invite and give due consideration to the input of design and development professionals in the improvement of the city’s project evaluation processes and development code. Developers with increasingly complex projects have requested the ability to concurrently construct required infrastructure and their development projects without the requirement to use the PUD process. The City can coordinate infrastructure development for these complex projects to speed the delivery of development to residents and decrease costs for developers, while maintaining a process of checks and balances to ensure completion of quality infrastructure. Requiring construction of sidewalks concurrent with construction of development ensures multimodal accessibility for all. Under Theme 4, A City Influenced by Our Natural Environment, Parks, and Open Lands, EPO- 3.2 states, “Ensure complete streets and identify long-term resources for the maintenance of year-round bike and multi-use paths to improve utilization and reduce annual per capita vehicle miles traveled.” The proposed changes would help to meet this objective by ensuring prompt installation of sidewalk infrastructure. 188 Staff Report for the Improvements and Guarantees Text Amendment 21040 Page 9 of 18 Theme 5, A City That Prioritizes Accessibility and Mobility Choices, states, “Active transportation increases daily physical activity, improving health and lowering healthcare costs. Motor vehicle accidents are one of the leading causes of preventable deaths in our country. Designing streets to prioritize safety (rather than speed) significantly reduces fatal injuries for all users and promotes active transportation. . . . Appropriately designed trails, sidewalks, crossings, bike lanes, and transit networks help us move around our neighborhoods and promote safe, efficient passage to our destinations.” This theme is supported by the proposed amendments, specifically by providing a thorough sidewalk network for multimodal transportation and a safe space for travelers who chose not to use a motor vehicle. The following goals are supported: Goal M-1: Ensure multimodal accessibility. M-1.2 Make transportation investment decisions that recognize active transportation modes and transit as a priority. M-1.4 Develop safe, connected, and complementary transportation networks for pedestrians, bicyclists, and users of other personal mobility devices (e-bikes, electric scooters, powered wheelchairs, etc.). M-1.11 Prioritize and construct key sidewalk connections and enhancements. No conflicts with the Bozeman Community Plan 2020 text have been identified. The City has identified housing costs as a community issue and adopted a Community Housing Action Plan with many implementing actions. The proposed amendment does not directly advance the identified implementing actions. However, encouraging efficient construction of both infrastructure and developments that include residential uses can lead to decreased costs of construction, which may be passed on to home buyers. Additionally, reducing the time to build residences will bring more housing options to the market faster to address Bozeman’s housing shortage. Therefore, the proposed amendment advances the purpose and intent of the Community Housing Action Plan. The criterion is met. B. Secure safety from fire and other dangers. Yes. The proposed regulations do not change long standing provisions in the BMC that specifically require developers who wish to engage in concurrent construction to maintain fire hazard insurance and commercial general liability insurance, naming the City as an additional insured. Incomplete sidewalks can be a hazard for trips and falls for all sidewalk users. Ensuring completion of the sidewalk network lessens this hazard. The proposed regulations do not alter safety standards such as building codes which work in concert with zoning to protect safety. The criterion is met. 189 Staff Report for the Improvements and Guarantees Text Amendment 21040 Page 10 of 18 C. Promote public health, public safety, and general welfare. Yes. The proposed regulations provide standards and procedures that regulate the timing of development of necessary infrastructure, such as sanitary sewer, water, stormwater, streets and sidewalks in conjunction with development of commercial and residential projects. The regulations seek to control the incremental delivery of infrastructure improvements commensurate with incremental development to encourage adequate improvements for health, safety and general welfare. Additionally, sidewalks are an important element of the transportation system. The proposed regulations are required to support public safety by ensuring a safe off-street space for non- vehicular forms of transportation. Incomplete sidewalks do not allow the pedestrian element of the transportation system to function as intended. Walking and other means of transportation support public health by decreasing dependence vehicles that cause air pollution from exhaust and encouraging an active lifestyle that has a myriad of personal health benefits. Installation of sidewalks at subdivision also promotes the general welfare by providing infrastructure that is inclusive to all citizens. As discussed under Criterion A, the proposed amendments advance many established community priorities, which supports the general welfare. The criterion is met. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Yes. The proposed regulations change the timing of the installation of improvements including streets, water, sewer, stormwater, and parks, but it does not alter existing standards for these infrastructure requirements. The regulations facilitate and allow more flexibility for the proposed development to install infrastructure at the same time as the development is being built, while providing safeguards to the City to ensure the timing and quality of infrastructure improvements will adequately meet the needs of the development and the City. The criterion is met. E. Reasonable provision of adequate light and air. Neutral. The regulations do not directly impact whether a proposed development has adequate provisions for light and air, but the amendments do recognize multiple points at which the City can review the proposed development make provision for adequate light and air. The amendment does not alter existing standards for setbacks, dedication of parkland, or onsite open space which provide for light and air. The amendments do affect the installation process for parks but not the ultimate designs or functionality after construction. F. The effect on motorized and non-motorized transportation systems. Yes. The proposed regulations will provide tighter controls to ensure needed transportation infrastructure is installed to City standards. If a development qualifies for concurrent 190 Staff Report for the Improvements and Guarantees Text Amendment 21040 Page 11 of 18 construction, transportation infrastructure will be provided with the build out of the development. Therefore, as buildings are finished and ready for use, the public streets and sidewalks necessary to serve the development are also finished, or guaranteed to be finished within a specific timeframe and funding to complete the infrastructure is secured. The proposed regulations also greatly improve non-motorized transportation systems by requiring completion of all sidewalk segments in a development, or phase of development, which is vital to support pedestrian and wheelchair transportation. The criterion is met. G. Promotion of compatible urban growth. Yes. The proposed amendments provide for land uses and permitting processes that ensure concurrent development is compatible with the City’s policies and natural conditions. The regulations do not disrupt existing standards for development that support managed, thoughtful urban growth. Providing flexibility to allow concurrent construction of infrastructure and buildings will bring much needed housing projects and commercial development to the market faster, without sacrificing the required pubic infrastructure or its quality. This facilitates compatibility as the community grows. The criterion is met. H. Character of the district. Neutral. The draft regulations do not modify the standards or infrastructure requirements of any zoning district. The draft regulations do not modify the zoning map. Therefore, no analysis of the individual districts or geographical layout of the individual districts is needed. The need and requirements for streets, stormwater facilities, lighting, sidewalks, water and sewer are present throughout the community and in all zoning districts. Regulations regarding deferred installation of improvements through improvements agreements and the security required to ensure compliance with the agreements are equally applicable in all zoning districts. The character of any zoning district will not be degraded because the standards for infrastructure improvement are not affected by the proposed regulations. I. Peculiar suitability for particular uses. Yes. While the section sets forth general requirements and terms for the use of improvements agreements and security for them, the proposed revisions reserve concurrent construction to certain circumstances where appropriate due to the complexity of the project and where there are adequate controls exist to ensure completion of the infrastructure, such as further review of the development and financial guarantees. The criterion is met. J. Conserving the value of buildings. Yes. Subject to limitations and requirements, the proposed regulations conserve or enhance the value of buildings by reducing the time of development through concurrent construction of infrastructure and buildings. Less time spent in constructing a development may reduce 191 Staff Report for the Improvements and Guarantees Text Amendment 21040 Page 12 of 18 the amount of interest developers pay on loans and bring projects to the market faster, which may free up capital to fund other projects. The criterion is met. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. The City has long prioritized higher density and multifunctional projects that meet the needs of a growing city. The ability to reduce construction time through concurrent construction of infrastructure and buildings suitable for more complex projects will likely benefit those projects that propose higher density and diversity of uses. The criterion is met. Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) 1. Subdivision regulations adopted after a growth policy has been adopted must be made in accordance with the growth policy. Yes. The proposed amendments are made in accordance with the adopted growth policy - the Bozeman Community Plan 2020. No conflicts with the goals and objectives of the Bozeman Community Plan have been identified. An analysis of consistency with several policy statements of the Community Plan and other adopted plan documents are found under Zoning Criterion A, above. The criterion is met. Section 76-3-102, MCA (Subdivision Purposes) 2. Promote the public health, safety, and general welfare by regulating the subdivision of land. Yes. The proposed regulations promote the public health, safety, and general welfare by requiring prompt installation of sidewalks, which supports public health by providing infrastructure to walk, bike or use other active forms of transportation. Sidewalks also provide a safe space off of the street for multimodal transportation. The general welfare is also promoted by providing infrastructure that is accessible to all citizens. Further, the proposed edits regulate the timing of development of infrastructure necessary for public health and safety, such as sanitary sewer, water, stormwater, streets and sidewalks in conjunction with development of commercial and residential projects. See also Zoning Criteria B and C. The criterion is met. 3. Prevent the overcrowding of land. Neutral. Overcrowding is the condition arising from more intensity of use than the property and infrastructure is capable of supporting. The proposed regulations make concurrent construction more accessible to complex developments, which might generally apply to more intense proposed uses. However, the proposed regulations do not address the underlying analysis of whether a proposed land use is the appropriate intensity of use. The City’s 192 Staff Report for the Improvements and Guarantees Text Amendment 21040 Page 13 of 18 standards regarding appropriate intensity of use are not changed. The necessary infrastructure to support development must still be provided in a timely manner. 4. Lessen congestion in the streets and highways. Yes. The proposed amendments may lessen congestion in streets by shortening the time period in which construction of infrastructure and buildings occurs that often require street or sidewalk closures to accommodate construction. The criterion is met. 5. Provide adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public improvements. Yes. The regulations set forth a process by which a development ensures required water supply, sanitary sewer, streets, stormwater, parks, and lighting are timely installed and security is provided in case the developer fails to install required infrastructure. The regulations have no impact on providing adequate light and air. See also Zoning Criteria D and E. The criterion is met. 6. Require development in harmony with the natural environment. Neutral. The proposed amendments do not specifically address this issue. 7. Protect the rights of property owners. Yes. Article 2, Section 3 of the Montana Constitution recognizes that land owners have both property rights and associated responsibilities. The proposed amendments protect the rights of property owners by providing a uniform process and standards for installation of infrastructure improvements. The regulations also propose allowing concurrent construction in more instances than it was previously permissible. The regulations also require land owners to be responsible for additional risks that may be present due to concurrent construction by requiring the maintenance of appropriate insurance. The criterion is met. 8. Require uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey. Neutral. The proposed amendments do not address this issue. Section 76-3-501, MCA (Subdivision Purposes) This section requires local governments to adopt regulations that reasonably provide for: 9. Orderly development within the jurisdictional area. Yes. The proposed amendments promote orderly development within the jurisdictional area by providing a process and timeframes to complete necessary infrastructure. When concurrent construction is appropriate, the requirements and safeguards in section 38.270.060.D ensure that infrastructure is installed along with phases of the development so 193 Staff Report for the Improvements and Guarantees Text Amendment 21040 Page 14 of 18 that buildings are supported by the streets, sewer, water, stormwater, lights and parks in an orderly fashion. The criterion is met. 10. Coordination of roads within subdivided land with other roads, both existing and planned. Yes. The proposed amendments address coordination of roads within subdivided land with other roads. In addition to financially guaranteeing street construction, non-financial controls, such as withholding a building permit or certificate of occupancy when the necessary infrastructure is not complete allow the City to coordinate the development of road servicing the development with the overall street grid of the City, both existing and planned. See also Zoning Criterion F. The criterion is met. 11. Dedication of land for roadways and for public utility easements. Yes. In connection with the actual construction of infrastructure, the dedication of land and required utility easements are also obtained through the process proposed in the amendments. Both financial and non-financial securities serve to guarantee the transfer of rights of way and easements before the development can be used. The criterion is met. 12. Improvement of roads. Yes. As discussed above, the proposed amendments reasonably provide a process for the timing of construction of streets and require adequate security to ensure performance by the developer or the City if the developer defaults on obligations in the improvements agreement. See also Zoning Criterion F. The criterion is met. 13. Provision of adequate open spaces for travel, light, air and recreation. Neutral. The regulations have no impact on providing adequate light and air. The proposed amendments will not alter the existing subdivision and zoning regulations which require the provision of adequate open spaces; although the regulations do provide for the timing of and surety for the installation of parks and open spaces. 14. Adequate transportation, water and drainage. Yes. The proposed amendments reasonably provide for the completion of city streets, water, sewer and storm drainage. City standards for the infrastructure is unchanged by the proposed amendments. Rather, the developer must demonstrate compliance with City standards for all infrastructure through an improvements agreement and adequate security. See also Zoning Criteria D and F. The criterion is met. 15. Regulation of sanitary facilities, subject to section 76-3-511, MCA. Yes. The proposed amendments ensure adequate sanitary facilities to serve the development are installed in accordance with City standards. The proposed regulation sets forth the process, timing, and security required for installation of infrastructure. See also Zoning Criterion D. The criterion is met. 194 Staff Report for the Improvements and Guarantees Text Amendment 21040 Page 15 of 18 16. Avoidance or minimization of congestion. Yes. Although not a specific purpose of the proposed amendments, they may lessen congestion in streets by shortening the time period in which construction of infrastructure and buildings occurs that often require street or sidewalk closures to accommodate construction. The criterion is met. 17. Avoidance of subdivision which would involve unnecessary environmental degradation and the avoidance of danger or injury to health, safety, or welfare by reason of natural hazard or the lack of water, drainage, access, transportation, or other public services or would necessitate an excessive expenditure of public funds for the supply of such services. Yes. The proposed regulation ensures that adequate water, drainage, street system, sidewalks, and other necessary infrastructure will be installed to City standards by requiring a contract (improvements agreement to perform the work) and guarantees, both financial and non-financial, to ensure the improvements are installed. The regulations will also help to avoid danger or injury to health, safety, and welfare by requiring sidewalk installation at the time of development, or as soon as weather permits, which: promotes health through active transportation; provides a safe space for pedestrian and multimodal transportation; and allows citizens of all abilities to safely use the City’s infrastructure. See also Zoning Criteria A, C, D, and F. The criterion is met. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to §76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing 195 Staff Report for the Improvements and Guarantees Text Amendment 21040 Page 16 of 18 withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. No protests have been received as of the writing of this report. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND Assuring the installation of infrastructure to support the safe and sanitary operation of development is one of the most important functions of land development regulations; both those mandated by the State and those locally established. When infrastructure is completed and ready for use directly affects the ability for people to occupy and use buildings. For example, water and sewer mains and connections must be complete to provide fire protection and enable use of toilets. Coordination of infrastructure and building construction is complex and involves many different parties, interests, and regulations. The City has long provided alternatives for a developer to address these complex issues. As the community continues to mature, it is appropriate to consider whether the existing processes still meet community needs. The Staff has completed that evaluation and concludes some changes are warranted. The scope of development has changed since 2004 when the regulations were last materially updated. Today, it is more common to see large tracts being subdivided off and prepared for subsequent site plan review. In 2004, it was more common to see individual lots which only required a building permit. Site plans allow a mechanism for the City to address coordination of installation of infrastructure and onsite construction. Therefore, it is appropriate to enable a greater degree of flexibility at the subdivision stage when site plans will be required for future development. It remains essential that infrastructure be completed prior to use and occupancy of a site by the end user. An example of this need is shown by the complaints the City receives regarding incomplete sidewalks. Specific edits with these amendments are: Replace all of Bozeman Municipal Code (BMC) Division 38.270 – Improvements and Guarantees – with new standards and procedures that provide more flexibility to concurrently construct development projects and their required infrastructure while still providing adequate security to the City that the improvements will be completed in compliance with applicable laws and regulations; 196 Staff Report for the Improvements and Guarantees Text Amendment 21040 Page 17 of 18 Remove the requirement that a project must be a planned unit development in order to qualify for concurrent construction and set forth when and under what terms a development can proceed with concurrent construction; Use the term “security” consistently in the code; Ensure that improvements, as built, comply with the City’s design standards, specifications, applicable laws and regulations by requiring an appropriate professional to certify their compliance; Removing the use of special improvements districts to guarantee street improvements in section 38.270.030.B.1.b.(3); Repeal the provision in section 38.270.030.B.2 allowing developments to delay the installation of sidewalks for up to three years; Include stormwater collection, treatment, and detention or retention systems as required infrastructure that must be installed prior to issuance of a building permit; Provide deadlines for completion of improvements; Provide the method to determine the amount of a financial security and the expiration of financial sureties; Include a provision that the city may require a document be filed with the clerk and recorder that clearly states a certificate of occupancy will not be issued until all infrastructure is installed and accepted by the city, except in certain circumstances, with conditions, and with adequate security is provided; Require a property owners’ association to maintain stormwater facilities until the city establishes a funding source and affirmatively accepts responsibility for maintenance; and Remove the requirement for property owners’ association to maintain parks because the city has established a funding source and accepted responsibility for the maintenance of parks. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was published in the Bozeman Daily Chronicle as required and contained all required elements. Notice was provided at least 15 days before the Zoning Commission and Planning Board public hearing, and not more than 45 days prior to the City Commission public hearing. The City exceeded the required notice provision. Hearing dates are on the first page of this report. No written public comment has been received as of the writing of this report. 197 Staff Report for the Improvements and Guarantees Text Amendment 21040 Page 18 of 18 APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771 Representative: Department of Community Development, City of Bozeman, PO Box 1230, Bozeman MT 59771 Report By: Kelley Rischke, Assistant City Attorney FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Ordinance 2074 July 13, 2020 City Commission packet materials 198 Page 1 of 24 ORDINANCE NO. 2074 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA REPEALING DIVISION 38.270 OF THE BOZEMAN MUNICIPAL CODE AND REPLACING IT ENTIRELY WITH A REVISED DIVISION 38.270 TO: REMOVE THE REQUIREMENT THAT A PROJECT BE A PLANNED UNIT DEVELOPMENT TO QUALIFY FOR CONCURRENT CONSTRUCTION AND ESTABLISH REGULATIONS FOR CONCURRENT CONSTRUCTION; REVISE REGULATIONS FOR DEFERED INSTALLATIONS OF IMPROVEMENTS THROUGH AN IMPROVEMENTS AGREEMENT AND FINANCIAL AND NON-FINANCIAL SECURITY; REMOVE SECTION 38.270.030.B.1.b(3) ALLOWING DEVELOPMENTS TO DELAY INSTALLATION OF SIDEWALKS; REQUIRE INSTALLATION OF STORMWATER INFRASTRUCUTRE PRIOR TO ISSUANCE OF A BUILDING PERMIT; REQUIRE A PROPERTY OWNERS ASSOCIATION TO MAINTAIN STORMWATER IMPROVEMENTS; REMOVE THE REQUIREMENT FOR A PROPERTY OWNERS ASSOCIATION TO MAINTAIN PARKS; REQUIRE AN APPROPRIATE PROFESSIONAL TO CERTIFY COMPLIANCE OF IMPROVEMENTS AS BUILT; REMOVE THE USE OF SPECIAL IMPROVEMENTS DISTRICTS TO GUARANTEE STREET IMPROVEMENTS IN SECTION 38.270.030.B; REQUIRE A DOCUMENT TO BE FILED WITH THE CLERK AND RECORDER THAT STATES A CERTIFICATE OF OCCUPANCY WILL NOT BE ISSUED UNTIL ALL INFRASTRUCTURE IS INSTALLED AND ACCEPTED BY THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated § 76-2-304; and 199 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 2 of 24 WHEREAS, City is committed to reviewing and improving the Unified Development Code (UDC); and WHEREAS, the City is authorized to regulate the provision of security requirements to ensure construction of public improvements pursuant to Montana Code Annotated § 76-3-507; and WHEREAS, the City is authorized to require a subdivider to pay or guarantee payment for the extension of capital facilities related to public health and safety, including public roads, sewer, water, and storm drains pursuant to Montana Code Annotated § 76-3-510; and WHEREAS, the City strives to prioritize accessibility and mobility choices by promoting active transportation that increases daily physical activity, improving health and lowering healthcare costs, and is inclusive of all users of transportation networks; and WHEREAS, it is in the interests of the City to allow concurrent construction of required infrastructure and development, with an improvements agreement and appropriate security, to promote economic development in the City and accommodate the changing development environment; and WHEREAS, it is in the interests of the City and public welfare to revise the Bozeman Municipal Code (BMC) to increase the ease of use of the UDC; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated § 76-2-304. 200 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 3 of 24 2. The City is authorized to regulate the provision of security requirements to ensure construction of public improvements pursuant to Montana Code Annotated § 76-3-507. 3. The City is authorized to require a subdivider to pay or guarantee payment for the extension of capital facilities related to public health and safety, including public roads, sewer, water, and storm drains pursuant to Montana Code Annotated § 76-3-510. 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, has found that the required criteria of Montana Code Annotated sections 76-2-304, 76-1-606, and 76-3-501 are satisfied. 5. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020), by Resolution 5133 to establish policies for development of the community. 6. Zoning must be in accordance with the adopted growth policy. 7. The required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the applicable materials and provide comment. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, Planning Board recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of this ordinance have been satisfied. Section 2 That Bozeman Municipal Code Division 38.270 is repealed in its entirety. Section 3 That Bozeman Municipal Code Division 38.270 is replaced with the following: 201 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 4 of 24 DIVISION 38.270. - IMPROVEMENTS AND SECURITIES Sec. 38.270.010. - Purpose and applicability. A. This division provides standards and procedures relating to the installation of physical improvements and compliance with requirements related to development. As these improvements are necessary to meet requirements of the law and to protect public health, safety and general welfare and other purposes of this chapter it is also necessary to provide means by which their installation can be ensured. Such improvements may include, but are not limited to, design elements such as landscaping or architectural features; and infrastructure, such as parking facilities, storm drainage facilities, pedestrian walkways, and public utilities. Furthermore, in some situations it is in the best interest of the person conducting development to be able to provide security for the completion of certain work and be able to begin utilization of a development sooner than would otherwise be possible if all improvements had to be physically installed before use could begin. This article therefore protects the public health, safety, and welfare and sources of public funding by: 1. Ensuring completion of required improvements or compliance with other requirements of development to an acceptable standard as required in state law or these regulations; 2. Providing a buyer or lessee protection while allowing a person undertaking development to proceed with sales or leases before the project is totally complete, especially for multi-phased projects; 3. Ensuring adequate warranty or maintenance, when appropriate, of improvements; 4. Providing for mechanisms to ensure performance of or conformance with conditions of approval or development requirements; and 5. Accomplishing the purposes listed in this subsection A through mechanisms that reduce the need to rely on costly litigation to accomplish those purposes. B. This division applies to all subdivisions and site developments as follows: 1. Subdivisions must install or provide security for installation of improvements prior to final plat as set forth in this article. 2. Site developments, including all developments that are not subdivisions, must install improvements or provide security for installation prior to receiving a certificate of occupancy or as set forth in this article. 3. The city may determine the nature and timing of required installation of improvements as part of the subdivision or site development process. When necessary to protect the health, safety, and 202 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 5 of 24 general welfare of the public, and ensure the function and viability of development, installation of certain improvements may not be allowed to be delayed and must be installed before use of the property or sale of the property. Sec. 38.270.020. - Standards for improvements. A. General. The developer must comply with the following procedures and standards for the installation of development improvements, including parks. 1. Construction routes. For all developments, a construction route map must be provided showing how materials and heavy equipment will travel to and from the site. The route must avoid, where possible, local or minor collector streets or streets where construction traffic would disrupt neighborhood residential character or pose a threat to public health and safety. 2. Protection of existing improvements. The developer, and the developer's contractors and suppliers are jointly and severally responsible to ensure that existing improvements are not damaged or rendered less useful by the operation of the developer, and the developer's contractors or suppliers. Such protection of improvements may include requirements for cleaning of vehicles leaving a construction site. This provision is intended to preclude damage to existing roads, streets, water, sewer and drainage systems. The city may instruct the developer as to the streets or roads to be used for access by construction equipment, and the developer must require the same from the developer's contractors and their suppliers. The city may require the developer to post a security to guarantee repair of damages. B. Improvements to be dedicated to the public. 1. Plans and specifications. Engineering and survey plans, specifications and reports required in connection with public improvements and other elements of the subdivision, or other development required by the city, must be prepared by a registered engineer or a registered land surveyor as applicable, licensed in the state, as their respective licensing laws allow. The plans and specifications must be prepared in compliance with the city's design standards and specifications policy, park design standards, and other regulations and policies, as applicable. Plans and specifications for non-engineering improvements must be prepared by a person whose qualifications are acceptable to the city department with responsibility for that type of improvements. Plans and specifications for non-engineering improvements must be prepared in compliance with any applicable adopted design standards and specifications policy. 2. Scope of work. The intent of these regulations is to provide standards by which the contractor and the developer must execute their respective responsibilities and guarantee proper construction and completion in every detail of the work in accordance with the plans, specifications and terms set forth under these regulations. 203 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 6 of 24 a. The developer must furnish the plans, specifications and typical sections for approval by the city. b. The city may make or cause to be made any reasonable changes, alterations, amendments and additions to the standard specifications for infrastructure or park improvements. c. The city may require all work to be done to support the subdivision or site development, including off-site improvements. 3. Control of work. During the course of construction, and at the completion of each phase of a project, the developer's registered civil engineer, or other person acceptable to the city, must submit a statement that the improvements have been inspected and constructed in accordance with the approved plans and specifications. Prior to making any changes, the developer's engineer must notify and receive written approval or disapproval from the city for any changes in approved plans and specifications. 4. Improvement procedure. a. Approval of the improvement plans and specifications must be completed before installation of improvements or entering into an agreement where security is to be provided for the completion of the improvements. b. The procedure for submittal, review, and approval of improvement plans and specifications is contained in the city's design standards and specifications policy, and must be followed by the developer and the developer's contractors. All plans and specifications related to park and public trail improvements must be submitted to the parks division for review and approval. c. After the preliminary plat has received approval or conditional approval, and before the final plat is submitted, the developer must either install the required improvements or enter into an agreement with the city securing the installation and performance of the improvements. d. After the final site plan is approved, subject to section 38.270.030, and prior to occupancy of any buildings, the developer must either install the required improvements or enter into an agreement with the city securing the installation and performance of the improvements. 5. Sanitary facilities. Water supply, sewage disposal and solid waste disposal systems must meet the minimum standards of the city and the state department of environmental quality as required by MCA 76-4-101 through 76-4-135, and regulations adopted pursuant thereto, and are subject to the approval of the city. C. Private improvements. Improvements must be constructed as shown on the approved final site plan, final plat, or plans and specifications, as applicable. The developer is responsible for coordinating installation with all necessary parties and to restore to its original condition any 204 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 7 of 24 public improvements, private improvements, or property damaged during installation of improvements. Sec. 38.270.030. - Completion of improvements. A. General. The applicant must provide certification by the architect, landscape architect, engineer or other applicable professional that all improvements to be dedicated to the public were installed in accordance with the approved site plan, plans and specifications, or plat as applicable. For required private improvements, the applicant must provide certification by the architect, landscape architect, engineer or other applicable professional that all improvements, including, but not limited to, landscaping, ADA accessibility requirements, private infrastructure, and other required elements were installed in accordance with the approved site plan, plans and specifications, or plat as applicable, unless a waiver of certification in whole or part is explicitly approved by the DRC. 1. Improvements to be dedicated to the public. Improvements to be dedicated to the public, such as water mains, sewer mains, parkland and related improvements, and public streets, must be: a. installed by the developer in accordance with the approved plans and specifications; b. certified by a registered professional civil engineer, licensed in the state, or other appropriate professional acceptable to the city; c. accepted by the city prior to the approval of the final plat, building permit, issuance of a certificate of occupancy or other identified benchmark as appropriate. 2. Record drawings and project certification complying with the city's design standards and specifications policy, including timing for submittal of materials, must be provided by a civil engineer licensed in the state or other appropriate professional acceptable to the city prior to final plat approval for subdivisions, issuance of a certificate of occupancy, or release of security associated with the improvements to be dedicated to the public. 3. As-built drawings complying with the city's design standards and specifications policy, including timing for submittal of materials, must be provided prior to final plat approval for subdivisions, issuance of a certificate of occupancy, or release of security associated with the improvements to be dedicated to the public. a. Public street or road improvements must be developed to adopted city standards. 4. Public right of way lighting. Lighting, as required in division 38.570 must be incorporated into all development. Prior to final plat approval, lighting must be installed or secured. If the lighting is secured, it must be considered as part of the required street improvements and building permits must not be issued until the improvements are installed, except when concurrent construction is 205 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 8 of 24 an identified purpose of the initial project review and approved pursuant to the criteria established in subsection D of this section. 5. Private improvements and other required improvements. Improvements, including, but not limited to, private parks or open space, landscaping, paving, and irrigation must be installed in accordance with the approved preliminary plat or site plan by the developer and inspected and found to comply with the city standards and requirements prior to the approval of the final plat, issuance of a certificate of occupancy for the building or site, or other identified benchmark as appropriate. All improvements required as part of a subdivision must be installed and accepted, or secured in accordance with an improvements agreement, prior to final plat approval. B. Completion time for subdivisions. 1. Improvements. All subdivision improvements, including parks, must be constructed and completed as approved by the city. a. All improvements must be installed prior to the issuance of a building permit for any lot within a subdivision, except when concurrent construction is an identified purpose of the initial project review and approved pursuant to the criteria established in subsection D of this section. b. The subdivider must meet the requirements of either subsection (1) or (2) for completion of street improvements. The option must be specified in the preliminary plat submittal. Should the applicant not identify which option is desired, the option presented in subsection B.1.b.(1) of this section must be required. Altering the choice of option after approval of the development constitutes a material modification to the project and requires re-review of the project for modification to the approval subject to the provisions of section 38.100.070. (1) The subdivision streets improvements must be installed prior to final plat approval. This requirement may be modified by the review authority for streets where dictated by circumstances, such as cold weather conditions that do not permit paving, and where acceptable security for the ultimate development of the streets is provided. However, under no circumstances must the required gravel courses, curbs, gutters, or sidewalks be waived, and sanitary sewer manhole rims and water valve boxes must be located at a grade that will not be damaged by traffic. This requirement must generally not be modified for non-residential developments; or (2) The subdivider must enter into an improvements agreement guaranteeing the completion of the paving, curb, gutter, storm drainage, street lighting, sidewalks, or other street infrastructure improvements not yet completed. The improvements agreement must provide security, as explained in this division. However, at a minimum, the plans and specifications for the street improvements must be approved by the review authority prior to final plat approval. Building permits will not be issued until the street improvements are completed and accepted by the city, 206 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 9 of 24 except when concurrent construction is an identified purpose of the initial project review and approved pursuant to the criteria established in subsection D of this section. C. Completion time for site development. Whenever any building lots or building sites are created inside the city limits, municipal water distribution systems, municipal sanitary sewer collection systems, streets, and stormwater collection, treatment, and detention or retention systems must be provided to the lot or site. Each building site must utilize and be connected to both the municipal water distribution and municipal sanitary sewer collection systems. Subject to the provisions of subsection C.1 of this section, these improvements must be designed, constructed, and installed according to the standards and criteria as adopted by the city and approved by the review authority prior to the issuance of any building permits, except when concurrent construction is an identified purpose of the initial project review and approved pursuant to the criteria established in subsection D of this section. 1. Provision of municipal central water distribution, municipal sanitary sewer collection systems, streets, and stormwater systems means that the criteria in either subsection a or subsections b and c are met as follows: a. Water, sewer, stormwater, and street services are installed and accepted by the city with service stubs being extended into the site, with such stubs being of adequate size to provide water and sewer service to the proposed development without modification to publicly owned infrastructure; or b. The water mains, sewer mains, stormwater system, and streets to be extended to provide service to the development are: located within a publicly dedicated right-of-way or easement; constructed to city standards; physically adjacent to the site proposed for construction; installed and accepted by the city; and adequate in capacity to provide necessary service to the proposed development; and c. Water mains, sewer mains, stormwater system, and streets must meet all of the following requirements: (1) Any required on-site or off-site extensions of water mains, sewer mains, stormwater system, or streets to be dedicated to the public: must be located entirely within publicly held easements or rights-of-way; must serve only a single lot; are the subject of an irrevocable offer of dedication to the city upon completion of the project; the development is under the control of a single developer who must retain control of the entire project until final completion; all work is under the supervision of a single general contractor; and no subdivision of land is involved; (2) The DRC must determine when the standards of this subsection C.1 are met. The fire department must consider whether adequate fire protection services are available from existing hydrants, and water supply exists to meet needs during construction. If adequate fire protection does not exist then concurrent infrastructure and development construction may not occur. 207 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 10 of 24 Based on evaluation by the fire department, simultaneous construction of infrastructure to be dedicated to the public and private development construction may be permitted only within a defined portion of the site; (3) Approval of the final engineering design, including location and grade, for the infrastructure project must be obtained from the engineering department, and the state department of environmental quality when applicable, prior to issuance of any building permit for the development; and (4) A certificate of occupancy must not be issued until all on-site and off-site water, sewer, stormwater, and street improvements necessary to serve the site are installed and accepted or approved as applicable by the city. D. Exception. In certain circumstances, the issuance of a building permit may be allowed prior to completion of the public infrastructure, provided that the following criteria are met: 1. The city will have an opportunity to review and approve future proposed development through a site plan review or planned unit development; 2. The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in 38.270.080. If a financial security is used, the amount will be determined by the city and in an amount not less than 150 percent of the cost of the improvements verified against city publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the city may be used. The security must be in the name of the city and must be at least six months longer than the time of performance required by the improvements agreement; 3. Improvements must be complete within two years of the date of the improvements agreement; 4. Approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the engineering department, and the state department of environmental quality when applicable, prior to issuance of any building permit for the development; 5. Building permits may be issued incrementally, dependent upon the status of installation of the infrastructure improvements. All building construction within the development must cease until required phases of infrastructure improvements as described in the improvements agreement have been completed, and inspected and accepted by the city; 6. The developer must provide and maintain hazard and commercial general liability insurance. Insurance policies must not be cancelled without at least 45 days prior notice to the city. The commercial general liability policy must name the city as an additional insured. The developer must furnish evidence, satisfactory to the city, of all such policies and the effective dates thereof; 208 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 11 of 24 7. The developer must recognize, acknowledge and assume the increased risk of loss because certain public services do not exist at the site; 8. If public funds or other third party funding will be used to fund all or part of the installation of infrastructure, the improvements agreement between the developer and the city must identify the type or types of predetermined infrastructure funding. Public or third party funding may include, but is not limited to reimbursement, payment up front, creation of a special improvements district, or grants; 9. No occupancy of any structures or commencement of any use constructed or proposed within the boundaries of the development will be allowed until required infrastructure improvements have been completed, inspected, and accepted by the city, and a certificate of occupancy has been issued; a. No occupancy of structures or commencement of any use is allowed when such action would constitute a safety hazard in the opinion of the city; 10. The developer must enter into an agreement with the city to address the provision of any services on an interim basis during construction, if deemed appropriate; 11.The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section; 12. The developer must pay for any extraordinary costs associated with the project which the city may identify, including, but not limited to, additional staff hours to oversee the planning, engineering and construction of the project and infrastructure improvements, inspection of the infrastructure improvements and any extraordinary administrative costs; 13. The development must be under the control of a single developer and all work must be under the supervision of a single general contractor. The developer and general contractor must agree that there must be no third-party builders until required infrastructure improvements have been completed, and inspected and accepted by the city; and 14. Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing all requirements of this section, must be submitted for review and approval of the Community Development Director in consultation with the City Engineer and with a recommendation from the development review committee. E. Limitations. Notwithstanding the provisions of subsection D of this section, the city may limit the scope, type and number of projects eligible for concurrent construction consideration. 209 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 12 of 24 Sec. 38.270.040. - Special provisions for timing of certain improvements. A. Park, pathway, and boulevard improvements. 1. These required improvements must be installed, or subject to an approved improvements agreement and financially secured, prior to final plat approval or occupancy of a building subject to development review, excluding sketch plans. 2. Due to seasonal considerations, building and occupancy permits may be issued prior to installation of these improvements as long as the improvements are subject to an approved improvements agreement and are financially secured. B. Neighborhood center improvements. 1. With the exception of neighborhood commercial and civic buildings and their grounds, neighborhood center improvements must be installed, or subject to an approved improvements agreement and financially secured, prior to final plat approval. 2. Due to seasonal considerations, building and occupancy permits may be issued prior to installation of improvements related to greens, plazas and squares as long as the improvements are subject to an approved improvements agreement and are financially secured. Sec. 38.270.050. - Acceptance of improvements. A. Improvements dedicated to the public. 1. Acceptance of street, road, and bridge improvements. Before any subdivision street, whether new or existing, can be accepted into the city street system by the city, it must be built to meet or exceed the required standards. Any improvements made to county roads must meet or exceed standards set by the county road office, and must be reviewed and approved by the county road office. Any bridge improvement, within the city or the county, must meet or exceed standards set by the state department of transportation and county road office, and must be reviewed and approved by the county road office and the city, and accepted by the county road office into the county's bridge maintenance system. 2. Acceptance of park, water, sewer, and storm drainage improvements. Before any public park, water, sewer or storm drainage improvement, whether new or existing, can be accepted into the city system by the city, it must be built to meet or exceed the required standards. Any improvement must meet or exceed standards set by the city, state department of environmental quality, and county road office, as appropriate. Improvements must be reviewed and approved by the city and other agency, as applicable. 210 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 13 of 24 3. Record drawings. Record drawings and project certification that all public infrastructure improvements comply with the city’s design standards and specifications policy must be provided by a civil engineer licensed in the state of Montana and must be submitted prior to final plat approval for subdivisions, per section 24.183.1107(5)(f), ARM as may be amended, or prior to issuance of a certificate of occupancy for site development, or other identified benchmark as appropriate. 4. The city may require verification that all liens have been released and payments made prior to accepting dedication of improvements. B. Private improvements. The city or its agent must conduct an "as-built" inspection to verify compliance and must approve a certificate of occupancy, final plat, or other conclusory action if all terms and details of the approval are in compliance. Except as provided in section 38.270.060, no final plat approval can be permitted, or certificate of occupancy issued, unless the terms and details of an approved plat or site development or sketch plan are met. Prior to receiving a certificate of occupancy, the developer must certify the completion of the improvements as required in section 38.270.030.A. Sec. 38.270.060. - Improvements agreements. A. Improvements agreement required. All improvements necessary or required to meet the standards of this chapter or conditions of approval must be the subject of an improvements agreement and be secured if final plat approval, occupancy of buildings, or other use of an approved development is allowed before the improvements are completed and inspected by the city. 1. Reservation. The city reserves the right to require actual installation of improvements prior to occupancy when such improvements are necessary to provide for health, safety and welfare or adequate function of systems or on-site development. B. When required. 1. When occupancy of a development subject to zoning review will commence prior to completion of all required site improvements; or 2. When a subdivision is to be granted final plat approval prior to the completion of all required improvements, the applicant must enter into an improvements agreement with the city. 3. At the discretion of the community development director, certain projects receiving a certificate of appropriateness may be required to enter into an improvements agreement with the city at the time of final approval of the certificate of appropriateness. 211 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 14 of 24 C. If an improvements agreement is used to guarantee the completion of required improvements, including infrastructure, it may allow for the staged installation of improvements in defined areas and in accordance with an approved time schedule. At the city's discretion, the improvements in a prior increment may be required to be completed or payment or security provided for costs of the improvements incurred in a prior increment must be satisfied before development of future increments. 1. If an improvements agreement is used with a final subdivision plat to secure infrastructure improvements, a separate document must be filed with the clerk and recorder with the final plat that clearly states that building permits will not be issued until all water, sewer, storm drainage infrastructure, and streets are installed and accepted by the city. This requirement may be modified by the city for streets where dictated by circumstances, and where acceptable security for the ultimate development of the streets is provided. However, under no circumstances must the required gravel courses, curbs, gutters, or sidewalks be waived. No building permits will be issued for a subdivision within the city until all required water, sewer, storm drainage, required street lighting, and street gravel courses are installed and accepted, except when concurrent construction is an identified purpose of the initial project review and approved pursuant to the criteria established in section 38.270.030.D. 2. If an improvements agreement is used with a site development to secure infrastructure improvements, a separate document must be filed with the clerk and recorder that clearly states that certificate of occupancy will not be issued until all water, sewer, stormwater systems and streets are installed and accepted by the city. This requirement may be modified by the city for streets where dictated by circumstances, and where acceptable security for the ultimate development of the required infrastructure is provided. However, under no circumstances can the required gravel courses, curbs, gutters, or sidewalks be waived. No building permit will be issued for a site development until all required water, sewer, storm drainage, required street lighting and street gravel courses are installed and accepted by the city, except when concurrent construction is an identified purpose of the initial project review and approved pursuant to the criteria established in section 38.270.030.D. D. Standards for improvements agreements. 1. All agreements. All improvements agreements must meet the following standards: a. The agreement and security must be satisfactory to the city attorney as to form and manner of execution; b. Detailed cost estimates and construction plans of all required on-site and off-site improvements must be made a part of the agreement; 212 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 15 of 24 c. Provide for security in the amount equal to 150 percent of the estimated cost of the improvements verified against city publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the city may be used; d. The term for the security referenced in subsection C.1.c of this section must be at least six months longer than the time of performance required by the improvements agreement; e. The agreement must provide for the city to claim the security by certifying that the developer is in default of the performance to be secured; f. Requests for partial release of security must only be in amounts such that the security will always equal 150 percent of the value of the remaining uncompleted work, and such that not more than 90 percent of the security is released prior to completion of all improvements. The city may take into account the location and scope of development phases in evaluating requests to reduce the amount of a financial security. The city may require verification that all liens have been released and payments made prior to releasing a portion of the security; g. Provide for the city to require a replacement security in the event the issuer of the security becomes insolvent, enters receivership, or otherwise gives cause for the city to lack confidence in the ability of the issuer to honor the security; h. Permit the city, in the event of default by the developer, to include in the costs to be recovered from the security those costs resulting from the need to call in the security, including but not limited to costs for the city attorney's time; and i. The financial security must be placed in the keeping of the city. 2. Subdivisions. Improvements agreements for subdivisions must meet the following standards in addition to those listed in subsection C.1 of this section: a. The length of time of the agreement must not exceed one year from the date of final plat approval unless explicitly included as a term of the agreement and the security remains in force. The agreement must stipulate the time schedule the subdivider proposes and the city accepts for completing the required improvements; b. The estimated cost of improvements must be provided by the subdivider's professional engineer and be consistent with publicly bid unit pricing, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the city may be used. The city engineer has the discretion to require a second estimate of the cost of improvements, with the cost of obtaining the second estimate borne by the subdivider. The agreement must stipulate which type of security arrangements will be used; and 213 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 16 of 24 c. Security for improvements for internal subdivision streets, water, storm drainage and sewer mains, or other internal or external improvements must be reduced only upon recommendation of the city department with responsibility for the type of infrastructure that has been guaranteed. 3. Site development. Improvements agreements for developments other than subdivisions must meet the following standards in addition to those listed in subsection C.1 of this section: a. If occupancy of the structure or commencement of the use is to occur prior to installation of the required improvements, the installation of those improvements must be secured in conformance with the requirements of this division 38.270; b. All secured improvements must be completed by the developer within nine months of occupancy or the security must be forfeited to the city for the purpose of installing or contracting for the installation of the required improvements; c. At the community development director's discretion, a developer may be permitted to extend the manner of security, in general for a period not to exceed one additional year. Factors including, but not limited to, progress of installation achieved to date and phasing of projects may be considered; d. The city must determine which, if any, of the required improvements must be installed prior to occupancy, regardless of the use of an improvements agreement and security. Such determination must be based on a finding that unsafe or hazardous conditions will be created or perpetuated without the installation of certain improvements or that the property will have an unacceptable adverse impact on adjoining properties until such improvements are installed; (1) Items include, but are not limited to walkways and signage necessary for ADA compliance, parking surfaces adequate to meet the needs of the uses to be conducted during the term of the improvements agreement, or matters related to life safety are required to be installed prior to any occupancy; and e. When all provisions are met for occupancy of a facility or commencement of a use prior to the installation of all improvements, and adequate security has been provided in accordance with the terms of an improvements agreement, the building official may issue a certificate of occupancy. E. Notwithstanding the provisions of this section, the city may limit the scope, type and number of improvements eligible for being secured by an improvements agreement and require installation prior to final plat approval, issuance of building permits, occupancy or other similar actions. F. The community development director must sign improvements agreements on behalf of the city. 214 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 17 of 24 G. When an improvements agreement is used to allow the filing of a final plat prior to the completion of infrastructure, a notice of improvements agreement must be recorded along with the plat which indicates that certain infrastructure work is still not complete and identifying that work. When the work has been completed and is accepted by the city as complete, the city must record a notice of completion stating that the work that was the subject of the improvements agreement is complete. Sec. 38.270.070. - Payment for extension of capital facilities. A. The city may require a subdivider or other site developer to mitigate the impacts of subdivision or site development by the extension of existing capital facilities or the construction of new capital facilities. The review authority, established in section 38.200.010, may determine that the payment or the guarantee of payment for the construction of capital facilities are appropriate measures to coordinate with the city's planned capital facility improvements and to ensure public health, safety and welfare. Payment to the city of cash-in-lieu of constructing capital facilities by a subdivider or other site developer is a mechanism for meeting regulatory requirements and mitigating subdivision and other site development impacts. The review authority, in its sole discretion, must determine the appropriate mitigation for any subdivision or site development impacts. B. The city may require a subdivider or other site developer to pay or guarantee payment for part or all of the costs of extending capital facilities related to public health and safety, including but not limited to public roads or streets, sewer mains, water supply mains, and stormwater facilities for a subdivision or other site development. The costs must reasonably reflect the expected impacts directly attributable to the subdivision or other site development. The city may not require a subdivider or other site developer to pay or guarantee payment for part or all of the costs of constructing or extending capital facilities related to education. C. The review authority may accept direct payment of cash-in-lieu of public street, water, sewer, and stormwater capital facilities required by this code. For process and standards for payment for park mitigation see 38.420.030. Should the review authority approve a request to pay cash-in- lieu, a subdivider or other site developer is not required to obtain a variance from the requirement that such facilities be constructed prior to development approval. A request to meet the terms of chapters 38 and 40 by payment of cash-in-lieu must be submitted by an applicant prior to a determination of adequacy or any advisory body recommendation during review of a development application. The city may choose to require payment of cash rather than require the construction of capital facilities as determined by the review authority. A request received after determination of adequacy or advisory body recommendation is a material modification to the application and requires re-review and determination of adequacy. 215 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 18 of 24 1. The review authority, established in section 38.200.010, must evaluate proposals of cash-in- lieu of capital facilities and make a decision to approve, approve with conditions or deny such requests. In evaluating a request to pay cash-in-lieu, the review authority must consider the following criteria: a. Whether there is a danger to public health and safety of accepting cash-in-lieu rather than constructing the capital facilities; b. Whether the work described in the proposal is part of a project scheduled for commencement of construction on the most recently adopted capital improvement plan no later than three years from the date of submittal; c. Whether a public works project is pending that would substantially damage the work otherwise required to be constructed; d. Whether the installation of the otherwise required capital facilities would be disruptive to planned public improvements; e. Whether the city has made a determination of the reasonableness of the cost estimate of the work; and f. Whether the payment would enable a more efficient installation of required capital facilities. 2. The request to pay cash-in-lieu of capital facilities and the findings of the review authority must be considered in any final action to approve, approve with conditions, or deny a development application. 3. All cash paid in-lieu must be held by the city in a fund dedicated to the work for which the monies are paid. 4. As a condition of accepting cash-in-lieu, the city may require the property owner to execute a waiver of right to protest creation of a special improvement district, or other legal instrument, assuring participation, on a fair share, proportionate basis, in future capital facility improvements in the vicinity of the development proposal. 5. The city manager may adopt procedures by administrative order to implement this section. 6. The cash paid must include all component costs of the work deferred including but not limited to design, permitting, traffic management, construction, and record drawings. The cash paid must include a contingency amount to offset the uncertainty of cost estimating and potential escalation of costs. 7. Issuance of a refund is a material modification of a development per section 38.100.070. Refunds of cash paid in-lieu are not available if: 216 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 19 of 24 a. A final plat which relied upon cash-in-lieu of facilities has been recorded; b. If building permits for a non-subdivision development have been issued; or c. If the city has published an invitation to bid on work which relies upon the paid cash for project funding. Sec. 38.270.080. - Types of acceptable securities. A. Financial securities. A variety of means of providing for the security of improvements agreements, ensuring adequate maintenance of required improvements and ensuring compliance with conditions of approval for various developments may be allowed. One or more of the following instruments may be used to provide a financial security for improvements to be completed. The method, terms, and amount of security must be acceptable to the city. Financial security is the primary method to provide security for installation of physical improvements. 1. Direct payment of cash to the city; 2. Irrevocable letters of credit satisfactory to the city attorney as to form and manner of execution; 3. Cash escrows held by the city, or held by an approved escrow agent and subject to an executed escrow agreement; or 4. Completion bonds satisfactory to the city attorney as to form and manner of execution. B. Nonfinancial securities. In addition to the possible financial securities listed above, the following nonfinancial securities may be used to ensure compliance with conditions of approval, ensure maintenance of required improvements and coordinate timing of development. When deemed appropriate, the city may use nonfinancial security methods in combination with a financial security method. 1. Granting of final permits; 2. Sequential approval of multi-phased projects, with subsequent phases prohibited from receiving approval until prior approved phases have complied with all requirements; 3. Formation of a special improvement or maintenance district. This method must not be considered completed until after all final actions have occurred and the district is in existence and the bonds sold; 4. Establishment of a property owners' association with duties to maintain certain improvements that must be enforceable by the city; 217 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 20 of 24 5. Irrevocable offer of dedication of improvements to be dedicated to the public after completion of the project; and 6. Recording of a special restrictive covenant or deed restriction which may only be released by written agreement of the city. Sec. 38.270.090. - Development or maintenance of common areas and facilities by developer or property owners' association. A. General. For the purposes of this section, "common areas and facilities" include: 1. Public and private parkland; 2. Boulevard strips in public rights-of-way along external subdivision streets and adjacent to parks or open space; 3. Common open space (as defined in section 38.700.040); 4. Neighborhood centers (except for neighborhood commercial and civic uses and their grounds) as set forth in section 38.410.020; 5. Pathways (as defined in section 38.700.150); 6. Lighting; 7. Stormwater facilities, and 8. Irrigation facilities installed in common areas. B. Development. If common areas or facilities will be developed by a developer or a property owners' association, a development plan for the common area or facilities must be submitted with the preliminary plat application or zoning application for review and approval. The development plan must be reviewed and approved by the city prior to the installation of improvements in common areas or the installation of common facilities. An approved park master plan satisfies this requirement. 1. Landscaping. When landscaping or irrigation systems will be installed in parkland, boulevard strips or common open space, the development plan must be accompanied by a landscaping plan that was prepared by a qualified landscaping professional. When landscaping in common areas is installed by the subdivider, the subdivider must warrant these improvements against any and all defects for a period of two years from the date of installation of the landscaping. When landscaping in a park is installed by the subdivider, the subdivider must comply with the parks design standards and warrant these improvements against any and all defects for a period of two years from the date of installation of the landscaping. 218 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 21 of 24 2. Tree permits. If trees will be planted in dedicated city parkland or boulevard strips, tree planting permits must be obtained from the forestry department. C. Maintenance. When common areas or facilities will be maintained by the subdivider or by a property owners' association, a maintenance plan that complies with section 38.220.320 must be submitted with the preliminary plat application for review and approval. The maintenance plan must include a maintenance schedule, and a mechanism to assess and enforce the common expenses for the common area or facility. The maintenance plan must be included in the subdivision covenants. The developer must provide all necessary maintenance until the improvements are transferred to a property owners' association, or other final custodian, at which point the property owners' association or other final custodian will be responsible for all necessary maintenance of common areas or facilities identified in the maintenance plan. Maintenance must be provided by the property owners' association for stormwater facilities, with the exception of storm sewer mains, inlets, and manholes located in public streets, until the city establishes a stormwater maintenance district or other dedicated funding source and affirmatively accepts responsibility for maintenance. The provisions of sections 38.220.300—38.220.320 apply to this section. 1. Landscaping warranty. The maintenance plan must provide that any required or proposed landscaping must be maintained in a healthy, growing condition at all times, and that any plant that dies must be replaced with another living plant that complies with the approved landscape plan. 2. Irrigation system warranty. The maintenance plan must provide that any required or proposed irrigation system must be maintained in an appropriate and efficient manner and kept in good operating condition, and that any components of the irrigation system that break must be fixed and replaced if necessary with components approved in the irrigation system design plan. 3. Shade tree maintenance. The forestry division must be responsible for the trimming, removal, or similar maintenance of shade trees in all city rights-of-way and on city-maintained property, including parks. D. Maintenance Area. For a multiphase project with common areas and facilities, the maintenance mechanism must include all phases of the project, and must be created for the entire project with the first phase. No property must be removed from the maintenance area or mechanism without prior approval by the city to ensure continued maintenance of common areas and facilities, and on-going fulfillment of all obligations. Sec. 38.270.100. - Warranty. A. Publicly dedicated 219 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 22 of 24 All publicly dedicated improvements must be subject to a warranty of duration and scope to meet the city's design standards and specifications manual and park design standards as applicable. B. Private improvements If an improvements agreement is entered to guarantee installation of private improvements, the improvements must be subject to a warranty of not less than one year from the date of installation. Section 4 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full force and effect. Section 6 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so 220 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 23 of 24 decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 7 Codification. This Ordinance shall be codified as indicated in Sections 1-3. Section 8 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 221 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 24 of 24 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ___ day of ________, 20__. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is ______________, 20__. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 222 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Kellen Gamradt, Engineer II Shawn Kohtz, City Engineer SUBJECT: Conduct a public hearing and having considered public testimony, move to approve Commission Resolution 5179 ordering the installation of sidewalks along portions of streets in and along Baxter Meadows West Subdivision and The Legends II Subdivision. MEETING DATE: July 13, 2020 AGENDA ITEM TYPE: Action RECOMMENDATION: Conduct public hearing; approve Commission Resolution No. 5179 SUGGESTED MOTION: Having conducted a public hearing, and considered written and spoken public testimony, I hereby move to approve Commission Resolution No. 5179. BACKGROUND: The Homeowner Associations of Baxter Meadows West Subdivision and The Legends II Subdivision have requested that the city take the necessary actions to complete the installation of sidewalks along the streets in these neighborhoods. These subdivisions had plat conditions that required the installation of sidewalks within three years of the recording of the plat. Staff has contacted the owners of lots in these phases that do not yet have sidewalks installed and advised them that if sidewalk installation is not initiated by July 1, 2020, the city will cause the sidewalks to be installed at their expense. In Baxter Meadows West, Phase 3B there are currently 3 out of 65 lots that do not have sidewalks. In the Legends 2 Subdivision, Phase 3, there are currently 3 out of 54 lots that do not have sidewalks. The attached exhibit maps show the areas where sidewalks are currently lacking. On June 8, 2020, Commission Resolution No. 5178 was approved by the City Commission, which indicated it was the Commission’s intent to order sidewalks along certain streets as 148 223 specified in the Resolution, and to authorize that notice be given to affected property owners of said intention. Commission Resolution No. 5179 (attached) has been prepared which if approved would order sidewalks to be installed as specified in the Resolution of Intent. UNRESOLVED ISSUES: None identified ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: The cost of sidewalk installations would be borne by the adjoining property owners. If sidewalk installations need to be completed by a city contractor, staff time will be needed for contract administration and subsequent billing activities. Attachments: Commission Resolution No. 5179 Proposed sidewalk installations exhibit maps Report compiled on June 10, 2020 149 224 Page 1 of 2 COMMISSION RESOLUTION NO. 5179 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BOZEMAN OF AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED. WHEREAS, Section 7-14-4109, Montana Code Annotated, provides that a local governing body may order sidewalks constructed in front of any lot or parcel of land; and WHEREAS, the City Commission did, on the 8th day of June 2020 adopt Commission Resolution No. 5178, stating its intent to order in sidewalks along specified streets within the City of Bozeman; and WHEREAS, the City Commission did, after due and legal notice, on the 13th day of July 2020 conduct a public hearing on its intent to order in sidewalks. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That in accordance with the provisions of Section 7-14-4109, Montana Code Annotated, and Section 38.39.030 B. 2. b, Bozeman Municipal Code, and to protect the public interest and safety of the pedestrians of the City of Bozeman, sidewalks are hereby ordered to be installed on both sides of the street unless otherwise noted as follows: 1. Andalusian Avenue between Kimberwicke Street & McCafferty Street 2. Thoroughbred Lane between Kimberwicke Street & McCafferty Street 3. Boylan Road between Midfield Street & Richau Lane 4. Blackfeet Lane between Boylan Road & the unnamed alley to the south 150 225 Resolution 5179, (Baxter Meadows West & The Legends II Sidewalks) Page 2 of 2 Section 2 That, pursuant to Section 7-14-4109(3), written notice was mailed to every owner or agent of the owner, and to any purchaser under contract for deed of such property, notifying them that the owner is required to construct a City-standard sidewalk in front of their lot or parcel of land and, if they fail or neglect to install said sidewalk by July 1, 2020, or within thirty (30) days of the date of the written notice, whichever is the latter, the City may construct or cause to be constructed the sidewalk and will assess them the cost thereof, including engineering costs and costs enumerated in Sections 7-12-4121 and 7-12-4169, Montana Code Annotated, against the property in front of which the sidewalk was constructed. Section 3 That the City Clerk shall enter this resolution upon the minutes of the City Commission. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th day of July, 2020. ___________________________________ Chris Mehl Mayor ATTEST: ________________________________________ Mike Maas City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 151 226 152 227 153228 Memorandum REPORT TO:City Commission FROM:Jacob Miller, Assistant Planner Brian Krueger, Development Review Manager Martin Matsen, Community Development Director SUBJECT:Ordinance 2070, Provisional Adoption of Form and Intensity Standards Update Text Amendment to Revise the Bozeman Municipal Code to Increase the Allowable Height in Several Zoning Districts to Account for a Change in Construction Industry Standards and to Increase the Height in R-O and B-2 to Allow for an Additional Story, Reduce the Number of Roof Pitch Categories and Change the Location of Commercial Front Setback Designations. Revise Affected Sections to Implement the Revisions MEETING DATE:May 11, 2021 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21-040 and move to recommend approval of the Form and Intensity Standards Update Text Amendment, with contingencies required to complete the application processing. 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:As construction and architecture standards change, the City is committed to updating the development code to reflect those changes. This is accomplished in the height increase that will see most zoning districts allow for approximately 1.5 additional feet per allowable story. Additionally, this amendment proposes to simplify the building height standards by reducing the roof pitch categories from four to two. This will make that section of code easier to use and less restrictive, while not compromising any of the intent of the code. The more substantial changes to the building heights section is proposed to occur with the R-O and B-2 zones, which will see an allowable height increase that would accommodate an extra floor. City staff believes this change is necessary to provide additional incentive to increase density in these districts, making the construction of more residential units more feasible which will in turn support the existing business in the districts. Another change that is proposed with this amendment is related to front setbacks in commercial zones and the conflicting language within two 229 separate Articles of the UDC. This proposed amendment will eliminate the conflicting language and refer the front setback designations to Block Frontage Standards. This will make the UDC easier to use and will also effectively reduce the front setback requirements in industrial zones from 20’ to 10’ which will make those zones more attractive and increase the allowable building envelope and design flexibility for the site. Public comment can be viewed at link below: https://weblink.bozeman.net/WebLink/Browse.aspx? id=234589&dbid=0&repo=BOZEMAN UNRESOLVED ISSUES: Public comment has been received as described under the summary of the Zoning Commission and Appendix B of this staff report. The City Commission may direct modifications to address the public comment. ALTERNATIVES:Recommend alternate language. FISCAL EFFECTS:No specific changes to budget City funds has been identified. Attachments: Ordinance 2070 Form & Intensity Standards Update .pdf 03-23-21 Public Comment - R. Lateiner - B-2 Zoning Height Changes.pdf 03-26-21 Public Comment - J. Allen - Ordinance 2070.pdf 03-30-21 Public Comment - L. Dornberger - Ordinance 2070.pdf 03-23-21 Public Comment - C. Franklin - Ordinance 2070.pdf 03-23-21 Public Comment - G. Allen - Ordinance 2070.pdf 03-23-21 Public Comment - M. Delaney - Ordinance 2070.pdf 04-13-21 Public Comment - L. Wolfe - Ordinance 2070 (2).pdf 04-23-21 Public Comment - C. Bartholomew - Ordinance 2070.pdf 04-23-21 Public Comment - R. Higgins - Ordinance 2070.pdf 04-26-21 Public Comment - A. Levy - Ordinance 2070.pdf 04-12-21 Public Comment - D. Burgess - Ordinance 2070.pdf 04-12-21 Public Comment - R. Krueger - Updated UDC.pdf Ordinance 2070 Form & Intensity Standards Update CC SR.pdf Report compiled on: April 7, 2021 230 Page 1 of 10 ORDINANCE NO. 2070 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA REVISING THE BOZEMAN MUNICIPAL CODE TO INCREASE THE ALLOWABLE HEIGHT IN SEVERAL ZONING DISTRICTS TO ACCOUNT FOR A CHANGE IN CONSTRUCTION INDUSTRY STANDARDS AND TO INCREASE THE HEIGHT IN R-O AND B-2 TO ALLOW FOR AN ADDITIONAL STORY, REDUCE THE NUMBER OF ROOF PITCH CATEGORES, AND CHANGE THE COMMERCIAL FRONT SETBACK DESIGNATIONS TO REFER TO 38.510 – BLOCK FRONTAGE STANDARDS BY AMENDING 38.320. – FORM AND INTENSITY STANDARDS TABLE 38.320.030.C (TABLE OF FORM AND INTENSITY STANDARDS—RESIDENTIAL DISTRICTS), TABLE 38.510.030.G. (OTHER BLOCK FRONTAGE STANDARDS), TABLE 38.320.050 (TABLE OF FORM AND INTENSITY STANDARDS—NON- RESIDENTIAL AND OTHER MIXED-USE DISTRICTS) AND 38.510.030.H. WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Section 76-2-304, MCA; and WHEREAS, City is committed to reviewing and improving the Unified Development Code; and WHEREAS, the City has developed a platform to submit revisions to the Unified Development Code to improve overall functionality and ease of use; and WHEREAS, it has been identified that current allowable heights do not reflect the current industry standard room heights; and 231 Ordinance 2070, Form and Intensity Standards Update Page 2 of 10 WHEREAS, it has been identified that the R-O district is an underutilized district with many vacant properties throughout Bozeman; and WHEREAS, it has been identified that the amount of roof pitch categories should be simplified; and WHEREAS, it has been identified that there is conflicting language regarding front setback requirements; and WHEREAS, the Bozeman Community Plan 2020 supports additional opportunities for infill and an increase in allowed density of development, and WHEREAS, it is in the interests of the City and public welfare to revise the Bozeman Municipal Code to reflect industry design standards and increase the ease of use of the UDC. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: 232 Ordinance 2070, Form and Intensity Standards Update Page 3 of 10 Section 1 That Table 38.320.030.C – Density, building height, and setbacks, of the Bozeman Municipal Code be amended as follows: Use Type/Standard Zoning District R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Density, floor area and lot coverage Density, minimum (dwellings per net acre) (38.320.020.B) 2 5 5 5 8 8 1 6 5 Lot coverage, maximum 2 (38.320.020.C.1) 25% 40% 3 40% 3 40% 3 50% 3 - — 40% 3 Floor area ratio, maximum 4 (38.320.020.C.3) 0.45:1 0.5:1 0.75:1 1:1 1.5:1 — 1.5:1 — Maximum building height (feet) (38.320.020.E) Roof pitch in feet R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Less than 3:12 24 28 24 28 24 30 32 36 34 40 44 5 505 34 50 24 28 3:12 or greater but less than 6:12 30 42 28 40 28 40 38 46 38 50 48 5 605 38 60 28 40 6:12 or greater but less than 9:12 34 32 32 40 42 52 5 42 32 Equal to or greater than 9:12 38 36 36 42 44 54 5 44 36 Minimum setbacks (feet)(38.320.020.F) Front setback 15 6 15 15 15 15 15 7 15 15 Setback to an individual garage oriented to the street 20 8 20 8 20 8 20 8 20 8 20 8 20 8 20 8 Rear setback 20 6 20 20 20 20 20 20 20 233 Ordinance 2070, Form and Intensity Standards Update Page 4 of 10 Side setback 5 6 5 9 5 9 5 9 5 9 5 9 5 9 5 9 Section 2 That Table 38.320.050 - Table of Form and Intensity Standards— Non-Residential and Other Mixed-Use Districts of the Bozeman Municipal Code be amended as follows with all other portions remaining unchanged: Standard Zones Commercial Zoning Districts UMU Industrial Zoning Districts PLI NEHM U B-1 B-2 B-2M B-3 BP M-1 M-2 Lot and floor area standards Minimum lot area (square feet) (38.320.020.A) 5,000 — - - — 43,56 0 7,500 — — 5,000 1 Minimum lot width (feet) (38.320.020.A) 50 100 — — — 150 75 100 — 50 Maximum lot coverage (38.320.020.C) 100% 100% 100% 100% 100% 4 60% 100% 100% - 40%— 100% 5 Minimum floor area ratio (38.320.020.C) — — — — 0.50 — — — — — Building height standards (feet) (38.320.020.E) Minimum building height — — — — 22 6 — — — — — 234 Ordinance 2070, Form and Intensity Standards Update Page 5 of 10 Maximum building height Variable 8 55/70 9 55 10 6010 45 50 45 50 — 45 50 Minimum floor to ceiling height 13 13 13 13 13 — — — — — Roof pitch < 3:12 34 40 38 7 507 38 7 427 Roof pitch 3:12 or > 38 45 44 7 607 44 7 487 Minimum setback (feet) (38.320.020.F) Front Setback Front setback provisions are set forth in the block frontage standards in division 38.510. 25 11,17 20 11 20 11 0 12 20 11 Front Setback Front setback provisions are set forth in the block frontage standards in division 38.510. Setback to an individual garage oriented to the street — 20 20 20 — — — — — 20 Rear Setback 10 10 10 13 0 15 0 20 17 3 3 0 12 3 Side Setback 5 14 5 14 5 14 0 15 0 15 17, 14 3 14 3 14 0 12 3 Side or Rear Setback Adjacent to Alley 5 5 5 5 5 5 5 5 5 Parking & loading areas (feet) Note 15 Note 15 Front Setback Note 11 Note 11 Note 11 Note 11 Note 11 Note 11 Note 11 Note 11 Rear Setback 10 16 10 16 5 16 0 17 - — — Side Setback 8 16 8 16 5 16 0 17 - - - Garages and special parking standards 235 Ordinance 2070, Form and Intensity Standards Update Page 6 of 10 Residential Garages — Note 18 Note 18 Note 18 — — — — — Note 18 Special Parking Standards Note 19, 20 Note 19, 20 Note 19, 20 Note 20 Note 19, 20 Note 20 Note 19,20 Note 19,20 Note 20 Notes: 7. B-2 height Height exceptions: a. Maximum height may be increased by up to a maximum of 50 percent when the zoning district is implementing a regional commercial and services growth policy land use designation. b. Maximum height otherwise cumulatively allowed by this section may be increased by 30 percent through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. Section 3 That Table 38.510.030.G Other block frontage standards be amended as follows with all other portions remaining unchanged: Element Standard ( refers to departure opportunities, see subsection 38.510.030 below) Ground floor land use Land use See Tables 38.310.030-.040 for permitted use details. Building placement Where allowed in the applicable zoning district, buildings may be placed up to the sidewalk edge provided block frontage standards herein are met (except where otherwise noted herein). 10' minimum front setback for other buildings., except where greater setbacks are specified in the district per division 38.320. See section 38.510.030.J for special design provisions associated with ground level residential uses adjacent to a sidewalk. Building entrances Building entrances facing the street are encouraged. At least one building entry visible and directly accessible from the street is required. Where buildings are set back from the street, pedestrian connections are required from the sidewalk. Façade transparency For storefronts, at least 60% of ground floor between 30" and 10' above the sidewalk is required. Other buildings designed with non-residential uses on the ground floor within 10' of sidewalk, at least 30% of the ground floor between 4'-8' above the 236 Ordinance 2070, Form and Intensity Standards Update Page 7 of 10 Element Standard ( refers to departure opportunities, see subsection 38.510.030 below) sidewalk. Other buildings, at least 10% of the entire façade (all vertical surfaces generally facing the street). Window area that is glazed over or covered in any manner that obscures visibility into the storefront space must not count as transparent window area. Weather protection At least 3' deep over primary business and residential entries. Parking location Also see division 38.540 of this division for related parking requirements There are no parking lot location restrictions, except that a 10' buffer of landscaping between the street and off street parking areas meeting the performance standards of division 38.550 of this division is required. Landscaping Also see division 38.550 of this division for related landscaping standards The area between the street and building must be landscaped and/or private porch or patio space. For setbacks adjacent to buildings with windows, provide low level landscaping that maintains views between the building and the street. Also provide plant materials that screen any blank walls and add visual interest at both the pedestrian scale and motorist scale. For extended wall areas, provide for a diversity of plant materials and textures to maintain visual interest from a pedestrian scale. Sidewalk width Where storefront buildings are proposed, sidewalks must meet storefront block frontage standards above. Otherwise, 6' minimum sidewalks are required adjacent to arterial streets and public parks and 5' minimum width in other areas, except the review authority may require wider sidewalks in special areas where called for in adopted plans or where significant pedestrian traffic is anticipated. 3. Departure criteria. Departures to the above standards that feature the symbol will be considered by the review authority (per section 38.250.060) provided the alternative proposal meets the intent of the standards, plus the following criteria: a. Minimum setback. Provide design treatments that create an effective transition between the public and private realm. This could include a stoop design to other similar treatments that utilize a low fence, retaining wall, and/or hedge along the sidewalk. b. Façade transparency. The design treatment of a façade and/or landscape element provides visual interest to the pedestrian and mitigates impacts of any blank wall area. H. Block frontages in the industrial zones are subject to the standards for "Other" streets as set forth in subsection G above except: 237 Ordinance 2070, Form and Intensity Standards Update Page 8 of 10 1. Minimum front setback provisions of division 38.320 supersede the building location provisions set forth in subsection G.2 of this section. 2. Planting areas between the sidewalk and the building, outdoor storage, or parking areas must be at least 10 20 feet in depth and are encouraged to meet the landscaping standards of division 38.550. Departure: Reductions in the landscaping frontage may be considered for low volume and low visibility streets entirely within the industrial zone. Land uses with a higher density of employees warrant standard landscaping and pedestrian access provisions. Section 4 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full force and effect. Section 6 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. 238 Ordinance 2070, Form and Intensity Standards Update Page 9 of 10 Section 7 Codification. This Ordinance shall be codified as indicated in Sections 1-3. Section 8 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 239 Ordinance 2070, Form and Intensity Standards Update Page 10 of 10 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ___ day of ________, 20__. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is ______________, 20__. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 240 From:Rob Lateiner To:Agenda Cc:Martin Matsen Subject:B-2 Zoning Height Changes Date:Tuesday, March 23, 2021 6:20:59 PM 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. To Whom It May Concern: I would like to express my support for the following proposed changes to the B-2 ZoningHeight Limits: < 3/12 pitch = 50’ > 3/12 pitch = 60’ As a developer trying to build multifamily units in B-2, these height limit increases wouldeliminate the cumbersome need to obtain a CUP and help streamline and expedite our efforts to provide attainable housing in the community. I think this change would be very helpful increating housing units in Bozeman. Thank you. Rob Lateiner Virga Capital | Principal P.O. Box 1070 Bozeman MT 59771 cell: (406) 599-9419 email: rob@virgacapital.com 241 From:josh allen To:Agenda Subject:Comments on Form and Intensity Standards Update Date:Friday, March 26, 2021 10:14:01 AM Attachments:image001.png 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. Hello, I am writing in support of the proposed form and intensity updates in Ordinance 2070. The existing requirements are not reflective of modern building trends. The primary two trends that have made these requirements difficult are the movement toward 9’ ceiling heights as a standard, and the movement toward deeper floor systems to accommodate modern floor stiffness standards and mechanical systems. The previous standards became especially difficult when dealing with three-story apartment-style buildings with internal corridors. The added width of units on both sides of a central corridor essentially dictated flat roofs, which are much more expensive than higher pitch shingle roofs. All told, as a building professional and SWIMBIA board member, I am fully supportive of these changes as they will allow design professionals to meet modern building standards without forcing unintended design limitations. Thank you, Joshua Allen Project Manager Bozeman, Montana Phone: 406.599.8417 Email: joshua@cpbuild.us Website: www.cpbuild.us 242 From:Laura Dornberger To:Agenda Subject:Form and intensity standards update Date:Tuesday, March 30, 2021 3:03:32 PM Attachments:Form & Intensity Standards Update Support.pdf 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. See my letter providing support for Proposed Ordinance No 2070. Thanks, LAURA DORNBERGER | LOCATI ARCHITECTS AIA ARCHITECT LEED AP BD+C / PARTNER 1007 EAST MAIN | SUITE 202 BOZEMAN MONTANA 59715 406.587.1139 | OFFICE 406.570.7496 | CELL 243 March 30, 2021 Zoning Commission & City Commission RE: Ordinance No. 2070 - Form & Intensity Standards Update Dear Commission: I am in support of the building height increases proposed to the Form & Intensity Standards of the UDC. Specifically, the proposed B-2 height increase provides the method for a building to be more economically feasible to provide residential on the upper levels of mixed-use buildings. This will allow more residential to be constructed w/in the B-2 zoned areas. Best Regards, Laura Dornberger Project Architect 244 From:Charley Franklin To:Agenda Subject:FW: Comments needed re: Form and intensity standards update Date:Tuesday, March 23, 2021 12:09:33 AM Attachments:Ordinance 2070 Form & Intensity Standards Update DRAFT.docx 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. Hello, as a member of the Bozeman Design Community, I would like to show my support for Ordinance 2070 Form & Intensity Standards Update. I believe it is appropriate to allow taller building heights through-out our residential districts, as this will support urban growth and density in areas that are planned for residential living. Urban growth and density are critical to preserving the natural landscape surrounding Bozeman, as well as increasing tax base…and we need to support these principles moving forward. Thank you for your consideration, Charley Franklin. 1710 Midfield St. Bozeman, MT 59715. Charley Franklin AIA Principal | Director - Bozeman SMA ARCHITECTS Helena | Bozeman P 406-219-2216 architects-sma.com COVID-19 UPDATE: SMA staff are working in office or remotely at personal discretion and according to the Governor’s current directives. All visitors are encouraged to make an appointment before coming into the office. Facebook | Instagram | LinkedIn | YouTube From: Martin Matsen <MMatsen@BOZEMAN.NET> Sent: Monday, March 22, 2021 2:06 PM Subject: Comments needed re: Form and intensity standards update Attached is a draft of the ordinance that would adopt new building heights for all residential zone districts. The idea behind these changes would be to allow for newer buildings to meet modern floor height expectations such as 9 and 10 foot ceilings. We have also simplified the table by eliminating and consolidating some of the roof pitch categories. Of note is the significant increase to the R-O heights. This is meant to incentivize this underutilized district and to create a little more density within this transitional zone. These changes will be presented to the Zoning Commission on April 19th and will go before the City Commission on May 11th. Please feel free to send me any comments you may have regarding the draft. If you are in support of these changes I would really appreciate a note of support with some brief reasoning be sent to agenda@bozeman.net as it will be important for the Commissioners to know 245 that these changes are needed and supported by the design community. Please feel free to forward this draft to other interested parties. Thanks – Marty MARTY MATSEN, AICPDirector | Community Development | City of Bozeman 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771Office: 406.582.2262 | Mobile: 406.589.5480 | mmatsen@bozeman.net | www.bozeman.net ⌂ Planning ⌂ Building ⌂ Historic Preservation ⌂ Community Housing ⌂ Code Compliance City of Bozeman emails are subject to the Right to Know provisions of Montana’sConstitution (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 thecontents may be available for public disclosure and will be retained pursuant to the City’srecord retention policies. Emails that contain confidential information such as informationrelated to individual privacy may be protected from disclosure under law. 246 From:Greg Allen To:Agenda Subject:Residential Building height changes Date:Tuesday, March 23, 2021 10:27:27 AM 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. The changes for building heights proposed by the planning departments will facilitate more dynamic residential design keeping pace with contemporary design trends. It is important as a community to support forward looking housing and design that will help us meet growing housing needs and avoid sprawl. 247 From:Mike Delaney To:Agenda Subject:Change B2 HEIGHTS Date:Tuesday, March 23, 2021 11:12:47 AM 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. Dear Martin, It is very wise and important to keep the B2 Zones as desirable and flexible as the RO Zones . Please make sure they B2 Zones can increase their maximum heights to 50 feet for a flat roof and 60 feet tall for a 3/12 roof.. These proposed changes will be the a proper and needed addition to the B2 zone.. Sincerely , Michael Delaney Sent from my iPhone Michael Winn Delaney Delaney and Company, Inc. 101 East Main Street Bozeman, Montana 59715 Cell Phone : (406) 539-7798 248 From:Taylor ChambersTo:AgendaSubject:FW: QuestionDate:Tuesday, April 13, 2021 10:00:55 AM Good morning, After the public comment period ended during the meeting last night, this person send the two emails that come after my reply to call them. Tom Rogers asked me to send them to you so that they can be entered into public comment for City Commission. This had to do with action item E.3 from our meeting last night which was “Form and Intensity Standards Update Text Amendment, Ordinance 2070 to Revise the Bozeman Municipal Code to Increase the Allowable Height in Several Zoning Districts to Account for a Change in Construction Industry Standards and to Increase the Height in R-O and B-2 to Allow for an Additional Story, Reduce the Number of Roof Pitch Categories andChange the Location of Commercial Front Setback Designations. Revise Affected Sections to Implement the Revisions.” Thank you, Taylor ChambersCommunity Development Technician II |City of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771P: 406.582.2939 | E: tchambers@bozeman.net | W: www.bozeman.net/planning From: Linda Wolfe <rldwolfe@sbcglobal.net> Sent: Monday, April 12, 2021 7:58 PMTo: Taylor Chambers <tchambers@BOZEMAN.NET>Subject: Re: Question 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. Sent from my iPhone > On Apr 12, 2021, at 9:56 PM, Linda Wolfe <rldwolfe@sbcglobal.net> wrote:> > We have a copy of the master plan. > > Sent from my iPhone> >> On Apr 12, 2021, at 9:33 PM, Taylor Chambers <tchambers@bozeman.net> wrote:>> >> When the Chairman calls for public comment, I will call you so you can comment in person. >> >> Thank you. >> >> -----Original Message----->> From: Linda Wolfe [mailto:rldwolfe@sbcglobal.net]>> Sent: Monday, April 12, 2021 7:29 PM>> To: Taylor Chambers <tchambers@BOZEMAN.NET>>> Subject: Question >> >> 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.>> >> >> There was already an approved site plan for this property that preserved all of the wetlands - why is that being relooked at? We purchased a condo on the property based on that existing site plan and especially the height of the new buildings that would not block the view of the “M”>> Ron and Linda Wolfe. 3177270123>> >> Sent from my iPhone>> 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. 249 From:Cheryl Bartholomew To:Agenda Subject:Ordinance 2070 Date:Friday, April 23, 2021 10:50:46 AM 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 support this ordinance that reflects the 2020 community plan goals . Cheryl Bartholomew 250 From:agenda@bozeman.net To:Agenda Subject:Thank you for your public comment. Date:Friday, April 23, 2021 11:00:15 AM A new entry to a form/survey has been submitted. Form Name:Public Comment Form Date & Time:04/23/2021 11:00 AM Response #:1074 Submitter ID:37463 IP address:71.15.205.131 Time to complete:5 min. , 15 sec. Survey Details Page 1 Public comment may be submitted via the form below, or by any of the following options. Public comment may also be given at any public meeting. Email: agenda@bozeman.net Mail to: Attn: City Commission PO Box 1230 Bozeman, MT 59771 First Name Rich Last Name Higgins Email Address Richhiggins@gmail.com Phone Number Not answered Comments I am a Bozeman homeowner and resident and I support the proposed changes to the UDC, to be considered on May 11, 2021, regarding increasing building heights, moving the setback requirements within the UDC, and simplifying the roof pitch categories. Thank you for this opportunity to comment. Sincerely, Rich Higgins 251 If you would like to submit additional documents (.pdf, .doc, .docx, .xls, .xlsx, .gif, .jpg, .png, .rtf, .txt) along with your comment, you may alternately address agenda@bozeman.net directly to ensure receipt of all information. Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 252 From:Allison Levy To:Agenda Subject:Building height code changes Date:Monday, April 26, 2021 9:44:06 PM 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. Hello Please explain how an extra 1.5 feet per floor reduces traffic? Traffic downtown is hideous, dangerous, uncontrolled intersections must all become 4 way stops. I digress. Regards,Allison Levy ps. We lose the view of bridgers with each project a little at a time. 253 PROOF Architecture PO Box 11483 Bozeman, MT 59719 (406) 570-3235 Page 1 of 2 Dean Burgess, AIA Principal PROOF Architecture LLC PO Box 11483 Bozeman, MT 59719 dburgess@proofarch.com (406) 570-3235 April 12th, 2021 City of Bozeman Zoning Commission & City Commission Alfred M. Stiff Professional Building 20 East Olive St. Bozeman, MT 59771 RE: Support for Ordinance No. 2070 Dear Zoning Commission & City Commission, I am writing to voice our support for the proposed Ordinance No. 2070 and specifically for the proposed increase in allowable building heights and the reduction of roof pitch categories. We support these changes for several reasons: • The proposed changes will accommodate the current multi-family industry standard of 9’ ceiling heights instead of the older 8’ ceiling height standard. Zoning height limits have driven the use of 8’ ceilings in local multi-family design in the past, even when architects and developers would have preferred to provide taller ceilings. An increase from 8’ to 9’ ceilings, and the associated potential for taller windows, may be the most critical feature contributing to the perceived quality of a dwelling, increasing daylighting and directly impacting the wellbeing and quality of life of residents. • 9’ ceilings have become the standard for the greater NW mountain region. When working with regional lenders, their internal lending standards often require 9’ ceilings as a quality baseline. While lenders have relaxed their standards for the Montana area to accept 8’ ceilings in recognition that the local market still accepts this, it is clear that the greater regional market has moved to taller ceiling heights. • The proposed height limits will accommodate modern building techniques and systems, which require slightly taller floor-to-floor heights. These include the use of open web floor trusses instead of I-joists, improved floor/ceiling soundproofing systems, and the development of larger modular framing and drywall sizes. These systems directly contribute to living standards and the quality, longevity, and life cycle of the built environment. • Reducing the number of roof pitch categories will encourage attractive and appropriate building form and massing, particularly at the rooflines. • The City of Bozeman’s Unified Development Code contains excellent strategies for creating visually pleasing building forms and breaking down larger massing. Section 38.530.040.C Building Massing & Articulation and 38.530.040.F Roofline Modulation encourage vertical building articulation. Vertical articulation is one of the best methods for balancing the composition and proportion of form and breaking down larger massing to bring it to a human scale and create visual interest. The proposed changes to height limits and reduction of roof pitch categories allow the architect to use vertical modulation to design visually pleasing forms. The resulting designs will be more attractive, benefitting the overall community and urban fabric. 254 Page 2 of 2 As Bozeman continues to develop, we believe it is essential that both building methodology and standards of living for our residents keep pace with our greater region. Both the existing community and future multi-family residents benefit from improved development quality. The proposed changes will favorably impact multi-family design from both quality of life and aesthetic perspectives. Sincerely, Dean Burgess, AIA PROOF Architecture 255 From:Ryan Krueger To:Agenda Cc:Mike Delaney Subject:Public Comment - Zoning Commission 04-12-2021 Meeting Date:Monday, April 12, 2021 12:00:36 PM Attachments:Form & Intensity Public Comments - ZC 04-12-2021.pdf 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. Good Morning, I am submitting public comment regarding the Form and Intensity standards being considered tonight by the Zoning Commission. Thanks, Ryan Krueger AICP CFM Senior Planner Intrinsik Architecture, Inc. 111 North Tracy Avenue Bozeman, Montana 59715 O. 406.582.8988 ** working remotely – mobile: 503.490.2846 ** 256 257 Page 1 of 11 21-040 Staff Report for the Form and Intensity Standards Update, Ordinance 2070 Public Hearings: Zoning Commission meeting was held on Monday, April 12, 2021. City Commission meeting is on Tuesday, May 11, 2021. Project Description: This proposed text amendment will revise the allowable building heights in all zoning districts except for the B-2M and B-3 districts and remove the front setback standards for commercially zoned districts from the form and intensity standards and instead designate them within the block frontage standards. All affected districts’ height allowances are to be increased by roughly one and a half foot per allowable story. These changes are intended to account for an i ndustry wide move from 8 foot floor plates to 9 foot floor plates and to provide flexibility in design standards. The R-O and B-2 districts’ height allowances are proposed to be increased to allow for an additional story, as well as account for the change in floor plate standards. Project Location: Applicable City-wide in all areas zoned as B-1, B-2, UMU, B-P, M-1, M-2, NEHMU, R-1, R-2, R-3, R-4, R-5, R-O and RMH. Recommendation: Meets standards for approval. Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21-040 and move to recommend approval of the Form and Intensity Standards Update Text Amendment, with contingencies required to complete the application processing. Recommended City Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21-040 and move to provisionally adopt Ordinance 2070, the Form and Intensity Standards Update Text Amendment. Report: April 29, 2021 Staff Contact: Jacob Miller, Assistant Planner Chris Saunders, Community Development Manager Agenda Item Type: Action - Legislative 258 Staff Report for the Form and Intensity Standards Update Text Amendment Ord. 2070 Page 2 of 11 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. Unresolved Issues Public comment has been received as described under the summary of the Zoning Commission and Appendix B. The City Commission may direct modifications to address the public comment. Project Summary It is the goal of the City’s to continually improve the UDC, increasing the ease of use, reflecting changes in industry standards, and recognizing the need to evolve as a City that is experiencing unprecedented growth. Chapter 38, the Unified Development Code, of the Bozeman Municipal Code provides the zoning standards for development within the City and is divided into Articles that provide regulations regarding specific aspect of development. Article 3 states zoning specific land use regulations, including building height and setback requirements. Article 5 contains specific regulations for project design, including Block Frontage Standards which specify front setback requirements for certain projects. This amendment proposes to increase allowable heights in the majority of zoning districts, minimizing the roof pitch categories down to two, and to move the front setback requirements for commercial zones from Article 3 to Article 5. Changing the location of the commercial front setback designations will make those sections easier to use and will reduce confusion from the conflicting language regarding front setbacks in Article 3 and Article 5. The change in location of the front setback designations will not alter the requirements except for in industrial zones which will effectively have the front setbacks reduced from 20’ to 10’. This change to the industrial zones will make them more attractive to developers and provide greater flexibility in design. As architectural and construction standards and best practices evolve, the City has recognized the need to reflect those changes within the development code in order to promote the construction of high-quality buildings. Through conversations with members of the design community, it has come to the attention of City staff that the residential roof pitch categories are restrictive in the ability to design buildings that reflect current architectural trends, and that reducing the roof pitch categories would promote more interesting, contemporary design, as well as making the section easier to use. Additionally, there has been a change in the standard floor-plate height for new buildings in the region, moving from 8 feet to 9 feet, and in some cases even higher. Staff has evaluated the allowable building heights based on the number of stories permitted within each zoning district and has added approximately 1.5 feet per allowable story. Staff has been informed by 259 Staff Report for the Form and Intensity Standards Update Text Amendment Ord. 2070 Page 3 of 11 the architectural community that the proposed change will significantly simplify design processes and time required. The standards for design established in Article 38.5 are not changing. The shift in height should make it simpler to comply with the existing requirements. In the majority of the affected zoning districts these changes will not significantly increase the heights of buildings or allow for additional stories, but will modernize the development code and provide greater flexibility in design. There are two zoning districts that the City has identified as being compatible with an allowance of an additional story; R-O and B-2. These zoning districts are complimentary in that they are both intended to allow for high-intensity development with a broad range of uses. R-O is primarily a residential zone that allows for multi-household development as a primary use but also allows various types of commercial uses, while B-2 is primarily a commercial zone that allows for accessory residential uses. Both of these zones are located along major thoroughfares and near commercial nodes within the City and are intended to promote walkable neighborhoods with a mix of housing, services and employment opportunities. Allowing an additional floor in these two zones will promote infill development, the construction of more housing units, and create a more urban landscape, reducing the need to expand City limits outwards. This fosters a pattern of development that works towards conserving the valuable and limited resources within the City and the Gallatin Valley, and mitigating the vastly undersupplied housing market. The B-2 district has long had an option to use a conditional use permit to gain up to an additional 30% of building height. The proposed amendment changes the requirement to obtain a CUP for additional height to an of-right standard of the B-2 district. There have been 12 public comments received by the writing of this report and can be viewed at the link below: Ordinance 2070 – Public Comment All public comments received were from members of the development and design community in Bozeman and were in support of the proposed amendments, specifically the changes to the B-2 zoning height requirements, the additional height allowances to accommodate 9’ floor plates, and the increased design flexibility and density. 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. b) Develop and Align Infill Policies - Develop, adopt and align city policies for infill and redevelopment, economic development and public infrastructure. 4.4 Vibrant Downtown, Districts & Centers 260 Staff Report for the Form and Intensity Standards Update Text Amendment Ord. 2070 Page 4 of 11 Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers – including higher densities and intensification of use in these key areas Zoning Commission The Zoning Commission held their public hearing on April 12, 2021. They recommended approval of the application as prepared by Staff. The video recording of the public hearing is available at https://bozeman.granicus.com/player/clip/74?view_id=1&redirect=true. Six written comments were received prior to the public hearing, all in support of the proposed amendments. The comments are attached. Alternatives 1. Provisional adoption of the ordinance with minor modifications to the recommended ordinance; 2. Direct modifications to the ordinance as determined to be appropriate using the following alternative City Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby move to direct staff to make appropriate revisions to the ordinance to [state what is to be accomplished] and bring back an implementing ordinance. 3. Denial of the ordinance based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Strategic Plan ...................................................................................................................... 3 Zoning Commission ............................................................................................................ 4 Alternatives ......................................................................................................................... 4 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5 SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 5 261 Staff Report for the Form and Intensity Standards Update Text Amendment Ord. 2070 Page 5 of 11 PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 9 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ................ 9 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 10 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 10 FISCAL EFFECTS ................................................................................................................. 10 ATTACHMENTS ................................................................................................................... 10 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Zoning Commission held a public hearing on this amendment on April 12, 2020, at 6 p.m. and forwarded a recommendation to the City Commission on the text amendment. The City Commission will hold a public hearing on the zone map amendment on May 11, 2021, at 6 p.m. SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone text amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone text amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. 262 Staff Report for the Form and Intensity Standards Update Text Amendment Ord. 2070 Page 6 of 11 Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Yes. There are several elements of the growth policy which support the proposed changes to this amendment. The more substantial changes related to building height are reflected in language and goals throughout the Bozeman Community Plan. On page 12 of the BCP, a discussion on growth highlights the need for smart growth within the City and the pitfalls of restricting growth through artificial measures such as building height restrictions. If the City were to maintain the current building height, neglecting to evolve with the influx of persons moving to the City and the Gallatin Valley, it would limit the capacity for businesses and homes to locate here, increasing housing prices even more and stifling economic growth. When people who work in Bozeman are forced to live outside of City limits, they typically use City services but do not contribute to the tax base that funds the services. It is the goal of the City to accommodate people and businesses within City limits. The estimated acreage required to accommodate the Planning Period described in the BCP is between 3,820 and 5,716 depending largely on density. These proposed changes will increase density through height allowances in zones that permit the construction of high-intensity residential developments, reducing the required amount of acreage and conserving natural resources in the Valley. “DCD – 1.5: Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives” “DCD – 2.2: Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses” “EE-1.1 Support the goals and objectives outlined in the Bozeman Economic Development Strategy” “R-2.5” Technical Soundness: Identify solutions that reflect best practices that have been tested and proven to work in similar local or regional contexts.” One of the intentions for increasing the allowable height in the R-O zone was to make the zone more attractive to developers, being that it is one of the most underutilized in the City. These proposed amendments directly responds to Goal DCD-1.5 and will make the vacant R- O sites within the City more economically feasible for development. Both R-O and B-2 zones are located along main transportation corridors and with these changes will be able to support the higher density development as described in Goal DCD-2.2. Goal 2 of the BEDS is to support business; the proposed changes will allow for additional capacity within new buildings for businesses to be located and will promote the construction of more housing units in commercial areas which will increase traffic for businesses. The change from the 8’ floor plates to the 9’ floor plates responds to Goal R-2.5. One of the public comments received discusses this current trend as being a requirement from lenders throughout the region to ensure projects will be market competitive. The change in roof pitch categories is 263 Staff Report for the Form and Intensity Standards Update Text Amendment Ord. 2070 Page 7 of 11 also a reflection of R-2.5. Staff conducted research on building height requirements in comparative municipalities and found that most did not use roof pitch categories, with the exception of Missoula using two. B. Secure safety from fire and other dangers. Yes. The City has adopted a variety of standards to address this criterion. These include but are not limited to the construction standards of the building code, floodplain controls, and storm water management. The proposed amendments do not modify those standards. Therefore, the code as a whole continues to satisfy this criterion. C. Promote public health, public safety, and general welfare. Yes. Simplifying the UDC works towards streamlining the design and development process, making development easier and more viable. Allowing extra height to account for changes in industry standards promotes higher-quality buildings which contribute to the character of Bozeman. Allowing for more intense development through height allowances where appropriate creates more opportunities for housing and businesses while conserving precious resources and open spaces by building upwards instead of outwards. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Yes. Higher density development near commercial nodes and major thoroughfares facilitates the above mentioned services by locating businesses and homes nearby these services which will reduce traffic and the need to construct more public infrastructure, including sewerage, water conduit etc. The proposed amendments do not modify the standards for provision of these services. E. Reasonable provision of adequate light and air. Neutral. The proposed changes will not affect the reasonable provision of adequate light and air. F. The effect on motorized and non-motorized transportation systems. Yes. Allowing for taller buildings along main corridors and in commercial areas will support the construction of more residential units close to goods, services, and employment opportunities which will reduce the traffic demand on the City’s roads and transportation networks. G. Promotion of compatible urban growth. Yes. The proposed changes will promote compatible urban growth by increasing allowable building height throughout the majority of zoning districts and allowing for an extra story of height in R-O and B-2 districts which are designed to be high-intensity, mixed-use districts. Increasing density in these two districts will allow for the construction of more housing near goods, services, and employment opportunities which contributes to a more urban landscape 264 Staff Report for the Form and Intensity Standards Update Text Amendment Ord. 2070 Page 8 of 11 and will support businesses by increasing the density of people living near them. Providing a uniform increase in the majority of districts will ensure that neighborhoods and districts will maintain the existing character and compatibility while allowing them to adapt to current industry best practices. H. Character of the district. Yes. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the City's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The affected districts serve to provide Bozeman with a broad range of mutually supportive commercial and residential uses that can accommodate future growth and enhance the character of the City. Ensuring that the City’s Unified Development Code explicitly states height requirements for commercial and mixed-use districts guarantees that all development projects will adhere to the same standards, thus maintaining and enhancing the character of the defined districts and promoting adaptable uses through implementation of design standards. The maximum heights in most districts are only modestly changing. The greater height changes are limited to the districts which are expected to be more intensive. The change to the front setbacks to make reference to the block frontage standards simplifies design of sites to more consistently match the existing and developing character of non- residential districts. I. Peculiar suitability for particular uses. Neutral. No changes to allowed uses in zoning districts happen with this amendment and no changes to allowable building heights in any districts are changed with this amendment. J. Conserving the value of buildings. Neutral. The code requirement that this amendment is clarifying only applies to new construction. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. The height allowances in R-O and B-2 will encourage higher-intensity uses in areas that can support them. The amendment does not change the zoning map. 265 Staff Report for the Form and Intensity Standards Update Text Amendment Ord. 2070 Page 9 of 11 PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND As construction and architecture standards change, the City is committed to updating the development code to reflect those changes. This is accomplished in the height increase that will see most zoning districts allow for approximately 1.5 additional feet per allowable story. Additionally, this amendment proposes to simplify the building height standards by reducing the roof pitch categories from four to two. This will make that section of code easier to use and less restrictive, while not compromising any of the intent of the code. The more substantial changes to the building heights section is proposed to occur with the R-O and B-2 zones, which will see an allowable height increase that would accommodate an extra floor. City staff believes this change is necessary to provide additional incentive to increase density in these districts, making the construction of more residential units more feasible which will in turn support the existing business in the districts. Another change that is proposed with this amendment is related to front setbacks in commercial zones and the conflicting language within two separate Articles of the UDC. This proposed 266 Staff Report for the Form and Intensity Standards Update Text Amendment Ord. 2070 Page 10 of 11 amendment will eliminate the conflicting language and refer the front setback designations to Block Frontage Standards. This will make the UDC easier to use and will also effectively reduce the front setback requirements in industrial zones from 20’ to 10’ which will make those zones more attractive for development and increase the allowable building envelope and design flexibility for the site. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was published in the Bozeman Daily Chronicle as required and contained all required elements. Notice was provided at least 15 days before the Zoning Commission public hearing, and not more than 45 days prior to the City Commission public hearing. Hearing dates are on the first page of this report. Twelve public comments have been received at the writing of this report. The majority of the public comments were in support of the proposed changes, each mentioning different aspects of the amendments that they supported. There were two comments appeared to be in opposition but did not go into detail, and aspects of their comments were not related to the subject matter. APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771 Representative: Department of Community Development, City of Bozeman, PO Box 1230, Bozeman MT 59771 Report By: Jacob Miller, Assistant Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 267 Staff Report for the Form and Intensity Standards Update Text Amendment Ord. 2070 Page 11 of 11 Ordinance 2070 – Form and Intensity Standards Update https://www.bozeman.net/home/showpublisheddocument/11258/637553128142746776 Public Comment https://weblink.bozeman.net/WebLink/Browse.aspx?id=234589&dbid=0&repo=BOZEMAN&cr =1 268 Memorandum REPORT TO:City Commission FROM:Jeff Mihelich, City Manager Greg Sullivan, City Attorney Anna Saverud, Assistant City Attorney SUBJECT:Emergency Ordinance 2077, Adopting the Gallatin City-County Health Code and Associated Fees MEETING DATE:May 11, 2021 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:I move to adopt Emergency Ordinance 2077, adopting the Gallatin City- County Health Code and Associated Fees STRATEGIC PLAN:3.2 Health & Safety Action: Work with our partners to improve education, public awareness, and to coordinate programs concerning emergency services, criminal justice, and important social services. BACKGROUND: The Montana Legislature passed House Bill 121 (“HB 121”) and it was signed into law by Governor Gianforte on April 16, 2021. Additionally the Montana Legislature passed House Bill 257(“HB 257”) after adopting recommended amendments from the Governor’s Office. HB 257 has been transmitted to the Governor and is anticipated to be signed into law any day. Both bills dramatically reduce the powers of the local health boards, including the ability for a local health board to act and adopt regulations and fees. The new legislation now requires local health boards to make recommendations to the “local governing body” for adoption and approval. Both the City and County Commissions meet the definition for “local governing body” for the Gallatin City-County Board of Health. The City has been working closely with the Gallatin County Attorney’s Office and the Montana League of Cities and Towns to understand the implications of HB121 and HB257 on our local Gallatin City-County Board of Health. At the May 5, 2021 Gallatin City-County Board of Health meeting, the Board will recommend the City and County Commissions adopt of the entire Health Code to ensure its clear enforceability against a conservative reading of both HB121 and HB257 on the board’s overall authority. Emergency Ordinance 2077 responds to the Board’s request and adopts the Health Code by the City Commission. 269 UNRESOLVED ISSUES:None. The next steps will be a regular ordinance adopting the Health Code. ALTERNATIVES:Not adopt the Health Code. FISCAL EFFECTS:None. Attachments: Emergency Ordinance 2077.pdf Health Code Chapter 1.pdf Health Code Chapter 2.pdf Health Code Chapter 3.pdf Report compiled on: May 4, 2021 270 ORDINANCE NO. 2077 Page 1 of 5 ORDINANCE NO. 2077 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING GALLATIN CITY-COUNTY HEALTH CODE AND ASSOCIATED FEES. WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and Montana law to establish programs and laws to protect public the health, safety and welfare of the citizens of Bozeman; and, WHEREAS, pursuant to 2.02.140.C, BMC, the City Commission may, by an affirmative vote of four-fifths of its members, pass emergency measures for the immediate preservation of the public peace, property, health, or safety; and, WHEREAS, pursuant to 7-5-104, MCA, the City Commission is authorized to adopt emergency ordinances in the event of an emergency; and WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may exercise any power not prohibited by the constitution, law or charter and neither the Montana Constitution, state law, or the City Charter prohibits the City Commission from adopting this Ordinance; and WHEREAS, the Gallatin City-County Board of Health (“Board of Health”) was created by interlocal agreement between Gallatin County and the City of Bozeman and the Board of Health has adopted the Gallatin City-County Health Code (“Health Code”); and, WHEREAS, the Board of Health adopted the Health Code pursuant to its authority at § 50-2-116, MCA (2019), to adopt regulations for such public health purposes as the control and disposal of sewage, the control of communicable diseases, for tattooing and body-piercing establishments, and to implement the public health laws; and further adopted fee schedules for implementation of the Health Code such as permitting and licensing review fees; and 271 ORDINANCE NO. 2077 Page 2 of 5 WHEREAS, the Montana Legislature recently passed, and Governor Gianforte signed into law, House Bill 121 (“HB 121”) which became immediately effective and rescinds the authority for local health boards to adopt regulations; instead, local boards must now propose regulations to the local governing body for adoption. Further HB121 requires local health boards to propose for adoption to the local governing body necessary fees to administer the regulations; and WHEREAS, the Montana Legislature recently passed following the adoption of the Governor’s proposed amendments, House Bill 257 (“HB 257”), which supersedes portions of HB 121, but includes the same requirement that health boards now propose regulations and fees for adoption to a local governing body. HB 257 is awaiting the Governor’s signature and will be effective upon signage; and WHEREAS, pursuant to HB 121 and HB 257, the Board of Health is limited to recommending to the “local governing body” adopt regulations and fees as authorized by §50-2- 116, MCA; and WHEREAS, the Bozeman City Commission and the Gallatin County Commission qualify as a “local governing body” under HB 121 and the Board of Health has recommend that the City and County Commissions adopt the Health Code and the associated fees by emergency ordinance, followed by regular ordinance; and WHEREAS, the Board of Health has represented that it followed the requirements in § 50-2-130, MCA, and made written findings, after a public hearing and public comment, before adopting wastewater rules that are more stringent than state rules or guidelines, as described in the Health Code, Chapter 3, Section 3; and WHEREAS, it is necessary for public health and safety, preservation of the environment, and continuity of daily operations by the Gallatin City-County Health Department that the Health Code, including the fee schedules, remain in effect and enforceable; and WHEREAS, the City Commission therefore agrees with the Board of Health’s recommendation that the City of Bozeman must adopt the Health Code and associated fees by emergency ordinance to ensure the continued protection of the public health and environment. 272 ORDINANCE NO. 2077 Page 3 of 5 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 The Bozeman City Commission hereby adopts the following chapters of the Gallatin City-County Health Code and the associated fees, excluding only those sections specifically identified below: A. Chapter 1 – General Provisions, excluding: i. Section 4 Adopting, Amending, and Repealing Local Health Rules ii. Section 5 Emergency Local Health Rules B. Chapter 2 - Regulations for Licensing and Inspection of Establishments and Facilities Including Retail Food, Wholesale Food, Cottage Food, Hotels, Motels and Rooming Houses, Public Pools, Trailer Courts and Campgrounds, Tattooing and Body Piercing Establishments (adopted in whole). C. Chapter 3 - Regulations for Wastewater Treatment Systems (adopted in whole). Section 2 Pursuant to §7-5-109, MCA, violation of this Emergency Ordinance is a misdemeanor and is punishable by a fine not to exceed Five Hundred Dollars ($500.00), imprisonment of no more than six (6) months in the county jail, or both. This Emergency Ordinance may be enforced by any law enforcement officer with jurisdiction. In addition, this Emergency Ordinance may be enforced by all civil remedies available in law and equity, including injunctive relief to enjoin violations of hereof. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. 273 ORDINANCE NO. 2077 Page 4 of 5 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. 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 Emergency Ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This Emergency Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City. Section 7 Effective Date. This Emergency Ordinance shall be in full force and effect immediately and pursuant to §7-5-104, MCA, this Emergency Ordinance shall expire 90 days from its passage and approval. 274 ORDINANCE NO. 2077 Page 5 of 5 ADOPTED by a 4/5 vote of the total membership of the City Commission of the City of Bozeman, Montana, at an emergency session held on the 11th day of May, 2021. ____________________________________ Cyndy Andrus Mayor ATTEST: ____________________________________ Mike Maas, City Clerk City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 275 1 Gallatin City-County Health Code Chapter 1 GENERAL PROVISIONS Effective October 27, 2018 Gallatin City-County Health Department 215 West Mendenhall Bozeman, MT 59715 (406) 582-3100 or (406) 582-3120 276 2 277 3 HEALTH CODE CHAPTER 1 REGULATIONS Section 1 PURPOSE, JURISDICTION, AND DUTIES 1.1 The Health Code is intended to make existing laws more accessible and understandable, and it provides local regulations that comply with State law. The Health Code also coordinates requirements of the Montana Code Annotated (MCA) and the Administrative Rules of Montana (ARM). 1.2 The Gallatin City-County Board of Health (Board) was established pursuant to Sec. 50-2- 106, MCA and an Interlocal Agreement between the City of Bozeman and Gallatin County (adopted May 7, 1997). The Board's jurisdiction covers all of Gallatin County, including the municipalities of Belgrade, Bozeman, Manhattan, Three Forks, and West Yellowstone. 1.3 The Board is a separate legal entity distinct from Gallatin County and the City of Bozeman, and neither the Board nor its staff is under the direct control or supervision of either entity. 1.4 The Board’s general powers and duties are set forth in Sec. 50-2-116, MCA. Specific statutory powers and duties are codified in Title 50, MCA and are identified throughout the Health Code. 1.5 The Health Officer has the general powers and duties as set forth in Sec. 50-2-118, MCA. Specific statutory powers and duties are codified in Title 50, MCA and are identified throughout the Health Code. The Health Officer also has such powers and duties as established by the Board, and s/he is responsible for the administration and enforcement of the Health Code. Section 2 GENERAL ACRONYMS AND DEFINITIONS Unless the context requires otherwise, the following acronyms and definitions apply for this Health Code: 2.1 "Appeal" means the process by which a person may challenge the Health Officer’s actions, refusal to act, the justifications for a determination, or present other evidence to the Board: (1) as allowed by Title 50, Chapters 50, 51, 52, 53, and 57, MCA; or (2) for other written decisions of the Health Officer made pursuant to the Health Code or law. 2.2 "ARM" means the Administrative Rules of Montana. 2.3 "Board" or "Local Board" means the Gallatin City-County Board of Health. 278 4 2.4 "Chair" means the chairperson of the Board as set forth and appointed under the Board’s Bylaws. 2.5 "Day" means a calendar day, unless otherwise specified. 2.6 "DEQ" means the Montana Department of Environmental Quality. 2.7 "DPHHS" means the Montana Department of Public Health and Human Services. 2.8 "Emergency Local Health Rule" means a Local Health Rule adopted pursuant to Section 5 of this Chapter 1. 2.9 "Filed" or “Recorded” means recorded with the Gallatin County Clerk and Recorder in the permanent records of that office. 2.10 "GCCHD" means the Gallatin City-County Health Department, through which the Board conducts its daily business. 2.11 "Health Code" means the compiled Local Health Rules. 2.12 "Health Officer" means the Gallatin City-County Health Officer employed by the Board or his or her designee. 2.13 "Hearing” means any quasi-judicial hearing before the Board that involves an adjudicatory function and the exercise of judgment and discretion in making a decision, such as the Board’s consideration of a variance request. 2.14 "Local Health Rule" means a regulation adopted by the Board and collectively comprising the Health Code. 2.15 "MCA" means the Montana Code Annotated. 2.16 "Meeting" means the convening of a quorum of the membership of the Board. 2.17 "Post" or "Posted" means placing notices or other information in conspicuous places for public view at no less than the following places: A) Gallatin County Courthouse, Bozeman B) GCCHD, Bozeman C) GCCHD website When Posting is required by the Health Code, Affidavits of Posting shall be prepared and kept on file at the GCCHD. 279 5 2.18 "Publish" or "Published" means, unless otherwise specified in the Health Code or by applicable law or regulation, publication in accordance with § 7-1-2121, MCA. When Publication is required by the Health Code, Affidavits of Publication shall be prepared and kept on file at the GCCHD. 2.19 "Proposal” as used in this Chapter 1, means a request to adopt, amend, or repeal a Local Health Rule. Section 3 MEETING, HEARING & APPEAL PROCEDURES 3.1 The following procedures apply to all Meetings unless otherwise specified by law: A) All Meetings shall be open to the public in accordance with Montana law. B) A Meeting may be closed in accordance with § 2-3-203, MCA or as otherwise allowed by law upon the request of a Board member or its legal counsel. After such request, a Board member shall move to close the meeting pursuant to § 2-3-203, MCA or the applicable law. The Board shall then vote on the motion and make appropriate findings. C) Agenda for all Meetings must be approved in advance by the Chair. Excluding subcommittee meetings, the agenda shall be Posted and published in the Bozeman Daily Chronicle at least two (2) business days in advance of the Meeting. D) For subcommittee meetings, the agenda shall be Posted at least two (2) business days in advance of the subcommittee meeting. E) Meeting minutes shall be approved by the Board at a subsequent meeting. F) If any portion of a Meeting is closed, the minutes of that portion of the Meeting must be kept confidential and should be signed by each individual member of the Board in private. The closed meeting minutes may then be approved by the Board at a subsequent meeting by reference to the closed meeting minutes. 3.2 The following procedures apply to all Hearings unless otherwise specified by law. A) Hearings before the Board shall follow the procedures set forth in this Section 3.2, except for Hearings regarding Appeals. B) Hearings regarding Appeals shall follow the “Appeal Rules of the Gallatin City- County Board of Health,” which are attached hereto as Appendix 1. The Appeal Rules may be amended from time to time by the Board upon public notice. 280 6 C) Notice of a Hearing shall be Published. Confirmation of the publication shall be sent to the Health Officer and EHS Director. D) Staff shall send notice of a Hearing to the property owner and all adjacent property owners by regular mail at least 6 days before the Hearing. E) Any documents and materials that a party to a Hearing or a member of the public would like considered by the Board should be submitted to the GCCHD at least five (5) business days in advance of the Hearing. F) A party to a Hearing may request, upon good cause, postponement of a Hearing date. The request shall be in writing to the Chair and state the reasons why the postponement is necessary. The Chair shall grant or deny the request. Requests for postponement made at the Hearing shall be decided by the Board. The party making the request for postponement shall be responsible for any costs associated with re-noticing the matter. G) If any party to a Hearing fails to appear at the Hearing, and good cause justifying postponement is not shown, the Board may hear and decide the matter and make a determination on the evidence then available. H) Unless established otherwise by the Chair, the order of presentation at a Hearing shall be as follows: i. Staff presentation ii. Applicant presentation iii. Public comment iv. Staff rebuttal v. Applicant rebuttal vi. Board discussion and decision. I) The Chair may determine, given the complexity of the issues, time limitations for each presentation made to the Board. J) Hearings shall be conducted at the discretion of the Chair. The Chair may require witnesses to make an oath or affirmation in order to present evidence or testimony. K) GCCHD staff shall present the relevant issues to the Board. Such presentation should be documented by a written report and materials deemed relevant for the Board’s consideration. GCCHD staff shall compile and present all written public comment received up to the time of the Hearing. The members of the Board shall disclose any public comment not presented by GCCHD staff. L) The Board may approve, deny, or continue a Hearing to a later date. 281 7 M) Once the Board approves or denies a matter, GCCHD staff shall prepare a final written decision. The written decision may include Findings and Conclusions of Law and must be signed by the Chair. The written decision also may incorporate by reference the reasons for the decision that are pronounced verbally by the Board at the Hearing. The Health Officer, as Board Secretary, shall attest the written decision. N) The original, signed written decision shall be maintained and kept on file with the GCCHD. The Health Officer shall provide copies of the decision to all parties to the Hearing. O) As part of his/her official duties, the Health Officer shall record all written decisions on behalf of the Board in the office of the Gallatin County Clerk & Recorder. P) A final written decision of the Board may be appealed to an appropriate court or tribunal in accordance with applicable law. The appeal period begins to run on the date the Chair signs the written decision. Q) The official record of a Hearing consists of the written minutes, all written materials and comments entered into the record during the proceeding, all comments and statements made orally during the proceeding, and, if available, the audio recording of the Hearing. Section 4 ADOPTING, AMENDING, AND REPEALING LOCAL HEALTH RULES 4.1 The Montana Legislature has not specified the procedures by which a board of health can adopt, amend, or repeal Local Health Rules. Therefore, the following procedures have been designed to comply with the Montana Constitutional and statutory mandates for open meetings and public participation in governmental decisions of significant public interest. See Montana Constitution Article II, Sections 8 and 9, Sec. 2-3-103(1), MCA, and Sec. 2- 3-111, MCA. These procedures give the Board maximum input, from the public and from those most affected, before Proposals are adopted. 4.2 The Health Officer, GCCHD staff, and Board subcommittees may prepare draft Proposals. Interested persons may give suggestions to the Health Officer to give to the Board. GCCHD staff may informally consult with persons who will be affected by Proposals for viewpoints and advice. The Board may appoint interested persons to one or more committees to advise the Board and staff. 4.3 Proposals shall have a heading and be numbered, beginning with "01" each calendar year. No more than one comprehensive subject shall be clearly stated in the title. 4.4 Proposals shall be presented to the Board at a first and second reading. The second reading shall occur no less than twelve (12) days after the first reading of the Proposal. If the 282 8 Proposal adopts, amends, or repeals a Local Health Rule that incorporates by reference the provisions of any federal or state statute or regulation, then at least thirty (30) days must pass between the first and second reading. 4.5 GCCHD staff shall Publish and Post notice of a Proposal in substantially the following form: GALLATIN CITY-COUNTY BOARD OF HEALTH NOTICE OF [FIRST/SECOND] READING ON PROPOSED LOCAL HEALTH RULE No. [ADOPTION, AMENDMENT, or REPEAL] A) A brief statement of the subject and issues involved; B) The rationale for the Proposal; C) Where the Proposal may be reviewed and copies obtained; D) First reading: date, time, and place; E) Second reading: date, time, and place; F) That interested persons may give written comments to GCCHD staff to be given to the Board, or they may provide public comment at the first or second reading, or both; G) The anticipated effective date if the Proposal is adopted after the second reading; and H) The name, address, and phone number of a person who may be contacted for further information. 4.6 Notice of a Proposal shall be Published prior to all readings. 4.7 Notice of a Proposal shall be Posted at least ten (10) days before and until the day of all readings. 4.8 The first reading and second reading should be guided by the following order: A) Staff Presentation: The Health Officer or GCCHD staff shall present the Proposal. The Proposal should be read aloud and, if no Board member objects, it may be summarized. B) Public Comment: The Health Officer or GCCHD staff shall read into the record any public written comments received in advance of the Meeting. If comments are 283 9 lengthy, they may be summarized. Members of the public also may provide oral comment or submit written comment at the Meeting. C) Board Discussion & Decision: The Board shall discuss the Proposal and consider the public's written and oral comments. Board members may direct questions to GCCHD staff or members of the public. The Board may approve or deny a Proposal by majority vote 4.9 The Board may correct clerical errors, minor mistakes, and make minor wording changes at any time before a Proposal is adopted, without special notice or the need for another reading. A majority of the Board shall determine if a change is "minor". 4.10 The Board may continue the reading to a subsequent hearing in order to make substantive changes to the Proposal or for other good cause, such as to accept additional public comment. 4.11 If the Board makes substantive changes to a Proposal, then notice of the changes must be Published and Posted, and the revised Proposal shall be considered at a subsequent reading. 4.12 A Proposal shall become effective thirty (30) days from its second reading or, if more than two readings are held, from its final reading (i.e. a second or third reading). 4.13 The signed, original Local Health Rule shall be maintained along with the Proposal file (containing the Affidavits of Publishing and Posting, the written public comments and other documents as directed by the Board) in the records of the GCCHD. The GCCHD shall make copies available upon request and may charge such costs as allowed by Title 2, Chapter 6, Part 10, MCA or applicable law. 4.14 If an adopted, amended, or repealed Local Health Rule incorporates by reference the provisions of any federal or state statute or regulation, at least one copy of the statute or regulation that is incorporated by reference must be kept on file at the GCCHD for the public’s use, inspection, and examination. Section 5 EMERGENCY LOCAL HEALTH RULES 5.1 The Board may adopt an Emergency Local Health Rule at a Meeting without following the procedures set forth in Section 4 if: A) The Board finds that a Local Health Rule must be adopted to deal with an emergency situation affecting the public health, safety, or welfare; and B) The Board finds that the emergency cannot be averted or remedied by any other administrative act; and 284 10 C) At least two-thirds of the Board votes to approve the Local Health Rule. 5.2 The Emergency Local Health Rule must end on a date specified by the Board, but no longer than ninety (90) days after its adoption. 5.3 The Emergency Local Health Rule shall become effective immediately. 5.4 The Emergency Local Health Rule must be maintained in the records of the GCCHD and made available for the public’s use, inspection, and examination. 5.5 Notice of an emergency Local Health Rule shall be prepared in substantially the same form as provided by Section 4.5 of this Chapter 1. 5.6 Notice of an emergency Local Health Rule shall be published in the Bozeman Daily Chronicle and Posted as soon as possible after its adoption by the Board. The Posting shall last for the entire time that the Emergency Local Health Rule is in effect. 5.7 Notice of an emergency Local Health Rule also must be faxed or emailed to the major local media as determined by the Board and to the DPHHS Communicable Disease Control and Prevention Bureau Chief. Section 6 FEES The Board may adopt fees that are fair and reasonable for permits, department services, special inspections, plan reviews, tests, certificates, and registrations established by the Health Code. The fee scheduled adopted by the Board is attached hereto as Appendix 2. The Board may amend the Fee Schedule, and any other fees adopted by the Board, from time to time upon public notice. Section 7 SEVERABILITY If a provision of the Health Code is determined or made to be invalid by a court of competent jurisdiction or the legislature of this state, all valid provisions that are severable shall remain in effect. If a provision is determined or made to be invalid in one or more applications, that provision shall remain in effect for all valid applications. 285 11 Appendix 1 Appeal Rules of the Gallatin City-County Board of Health Section 1 AUTHORITY & PURPOSE 1.1 The Gallatin City-County Board of Health (“Board”) is authorized to adopt the following rules governing the transaction of its meetings pursuant to §50-2-116, Montana Code Annotated (MCA). 1.2 These rules provide the procedures by which appeal hearings shall be conducted before the Board and are adopted as an addendum to the Board’s Bylaws. 1.3 These rules govern all appeals over which the Board has jurisdiction. 1.4 Should these rules conflict with any procedural requirement set forth in any law or Regulation, such conflict shall be resolved in favor of the law or Regulation. Section 2 DEFINITIONS 2.1 As used in these rules, the following definitions apply: A. Appeal. The process by which a person may challenge the Health Officer’s actions, refusal to act, the justifications for a determination, or present other evidence to the Board: i. As allowed by Title 50, Chapters 50, 51, 52, 53, and 57, MCA; or ii. For other written decisions of the Health Officer made pursuant to Regulation or law. B. Appeal Notice. The written document by which a person initiates an Appeal. C. Board. The Gallatin City-County Board of Health. D. Chair. The chairperson of the Board as set forth and appointed under the Board’s Bylaws. E. Health Officer. The individual appointed by the Board as the local health officer, pursuant to § 50-2-116(1)(a), MCA, or an agent of the Health Officer. F. Person. An individual or legally formed entity. G. Regulation. Any regulation promulgated by the Board. 286 12 Section 3 GENERAL PROVISIONS 3.1 For any Appeal required to be held pursuant to the contested case provisions of the Montana Administrative Procedure Act, the Board waives formal proceedings and submits to the informal disposition provisions of § 2-4-604, MCA and these rules. 3.2 For Appeals under Section 2.1(A)(i), the Person filing the Appeal may waive formal proceedings by submitting a written waiver to the Board. If a written waiver is not made, the Appeal shall be adjudicated formally under Section 4. 3.3 Appeals under Section 2.1(A)(i), for which the Person filing the Appeal has waived formal proceedings, and Appeals under Section 1.2(A)(ii) shall be adjudicated informally as set forth in Section 5. 3.4 Unless otherwise set forth in applicable law or Regulation, an Appeal Notice, addressed to the Board, shall be delivered to the Health Officer within 30 calendar days after the issuance of the written decision of the Health Officer that is appealed. 3.5 Upon receipt of an Appeal Notice, the Health Officer shall schedule an appeal hearing before the Board and notify the Chair of the Appeal. The hearing shall be scheduled to occur no later than 45 calendar days from receipt of the Appeal Notice, or within such greater period of time as agreed to by the parties. 3.6 Within a reasonable time after the appeal hearing is scheduled, the Chair or hearings examiner shall issue to the parties a hearing notice that includes: A. A statement of the time, place, and nature of the appeal hearing; B. A statement of the legal authority and jurisdiction under which the appeal hearing is to be held; C. A reference to the particular sections of the statutes and Regulation involved; D. A short and plain statement of the matters asserted; and E. For an Appeal under Section 2.1(A)(i), a statement that formal adjudication may be waived pursuant to Section 3.2. 3.7 In any Appeal, the Board shall affirm, modify, or reverse the decision of the Health Officer. 3.8 Notwithstanding the statutory requirement that appeals of certain decisions be administratively adjudicated under the contested case provisions of the Montana Administrative Procedure Act, the Board is not an “agency” under § 2-4-102(2)(b), MCA and an Appeal is not a “contested case” under § 2-4-102(4), MCA. Therefore, in adopting these rules, the Board does not consent to, nor does it waive any right to assert that it is not subject to, judicial review of the Board’s decision of an Appeal under Title 2, Chapter 4, Part 7, MCA (“Judicial Review of Contested Cases”). 3.9 An Appeal does not stay the decision of the Health Officer that is appealed. 287 13 Section 4 FORMAL ADJUDICATION 4.1 The formal adjudication of an Appeal shall be heard pursuant to the contested case provisions of Title 2, Chapter 4, Part 6, MCA and the model rules of practice adopted by the Montana Attorney General for contested case proceedings and set forth at Chapter 1, Subchapter 2 of the Administrative Rules of Montana (ARM), which model rules are hereby incorporated by reference. 4.2 The Chair shall immediately appoint a hearings examiner upon notice of an Appeal to be formally adjudicated. Section 5 INFORMAL ADJUDICATION 5.1 The informal adjudication of an Appeal shall be heard pursuant to the following rules or such additional rules as promulgated by the Board. 5.2 The Chair may appoint a hearings examiner to conduct the appeal hearing before the Board and in lieu of the Chair. 5.3 Within 15 calendar days from the Board’s receipt of an Appeal Notice, or within the timeframe otherwise agreed to by the parties to the Appeal, the Chair or hearings examiner shall conduct a conference with the parties to the Appeal to define issues, determine witnesses, and establish other stipulations. 5.4 The Chair or hearings examiner may continue the date set for an appeal hearing for good cause, upon oral request or in writing, for a reasonable period of time, in order to secure all the evidence that is necessary or to be fair to the parties. 5.5 If any party fails to appear at an appeal hearing, and good cause justifying a continuance is not shown, the Board may decide the issues and make a determination on the best evidence available. 5.6 If the Appeal does not involve a disputed issue of material fact, the parties may jointly stipulate in writing to waive the proceedings and may directly petition the district court for judicial review upon an agreed statement of facts and a statement of the legal issues or contentions of the parties upon which the court, together with any additional information it may consider necessary to fully review the issues, may make its decision. 5.7 During the appeal hearing, the Board shall give effect to the rules of privilege recognized by law. Irrelevant, immaterial, or unduly repetitious evidence must be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs is admissible, whether or not the evidence is admissible in a trial in the courts of Montana. 5.8 Any part of the evidence may be received in written form, and all testimony of parties and witnesses must be made under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it is not sufficient in itself to support a finding unless it is admissible over objection in civil actions. 288 14 5.9 Unless established otherwise by the Chair or hearings examiner, the order of presentation at an appeal hearing shall be as follows: A. Appellant presentation; B. Staff presentation; C. Public comment; D. Staff rebuttal; E. Appellant rebuttal; F. Board discussion and decision. 5.10 The presiding officer or hearings examiner may determine, given the complexity of the issues, time limitations for each presentation made to the Board. 5.11 At the conclusion of the hearing the Chair or hearings examiner shall prepare written Findings of Fact and Conclusions of Law for the Board upon the evidence produced during the proceedings. 5.12 The Findings of Fact and Conclusions of Law shall include a statement of the substance of the evidence received or considered by the Board, the written or oral statements of the parties or other persons, relevant law and Regulation, and the proceedings. The written Findings of Fact and Conclusions may incorporate by reference the reasons for the Board’s decision that are pronounced verbally by the Board at the appeal hearing. 5.13 The Board shall accept, reject, or modify in whole or in part the Findings of Fact and Conclusions of Law at the next regularly scheduled meeting of the Board, unless for good cause shown, this period of time is extended for an additional time not to exceed 30 calendar days. The Chair shall then sign the Findings of Fact and Conclusions of Law, which shall become final. 5.14 The Chair or hearings examiner shall provide a copy of the Findings of Fact and Conclusions of Law to the parties. 5.15 A party may object in writing to the Findings of Fact and Conclusions of Law, or may order at that party's cost a transcription of the recording, or both. 5.16 The record of the appeal hearing shall include the following items: A. Appeal Notice; B. Hearing notice; C. Evidence offered or considered, any objections and rulings thereon, and all comment and testimony entered into the record or made during the appeal hearing, whether orally or in writing; D. Audio recording of the appeal hearing; E. Written minutes; and F. Findings of Fact and Conclusions of Law. 5.17 The decision of the Board set forth in the Findings of Fact and Conclusions of Law may be appealed to an appropriate court or tribunal in accordance with applicable law. 289 15 Appendix 2 Environmental Health Services Fee Schedule (Effective: October 27, 2018) General Fees Base Rate for Services ..................................................................... $84 per hour Community/Group Home Inspection ............................................ $126 Day Care Application ..................................................................... $126 + Day Care Inspection Day Care Inspection (MCA 52-2-735) ........................................... $25 Site Visit / Re-inspection / Requested Inspection .......................... $84 per hour Establishment Fees Health Code Chapter 2 Example: A 750 sq. foot new retail food establishment is subject to Application review ($252) + Pre-operational inspection ($126) = $378 (payable to Gallatin City-County Health Department). State Issued Annual License Fee = $115 (payable to MDPHHS collected at pre-operational inspection). Application Review Food Establishment - Retail and Wholesale Up to 750 sq. feet or Mobile Unit ......................................... 751 sq. ft. to 2,500 sq. ft. ...................................................... >2,500 sq. ft. ......................................................................... Caterer or Manufacturer using .............................................. licensed commissary kitchen $252 + Pre-operational Inspection $336 + Pre-operational Inspection $420 + Pre-operational Inspection $252 + Pre-operational Inspection 290 16 Food Establishment - Multi-Department Fee (Base Fee + Fee for each Department) Base Fee ................................................................................ Up to 750 sq. ft. or Mobile Unit ........................................... 751 sq. ft. to 2,500 sq. ft. ...................................................... >2,500 sq. ft. ......................................................................... Hotels, Motels, and Rooming Houses Hotel/Motel with guest only food service facilities .............. Motel/Hotel with no food service, ........................................ Bed and Breakfast, Tourist Home, Rooming House ............ $420 + Pre-operational inspection $252 $336 $420 $252 + Pre-operational inspection $168 + Pre-operational inspection $168 + Pre-operational inspection Public Pools and Swimming Areas / Spas ............................... Review done by Department of Public Health and Human Services (DPHHS) Application review and pre-operational inspection fees paid to DPHHS (contact DPHHS for amount) Tourist Campgrounds and Trailer Courts ............................. $168 + Pre-operational inspection Tattooing and Body Piercing ................................................... $168 + Pre-operational inspection Minor Application Review Basic Ownership Change ....................................................... Commissary Change .............................................................. Already licensed caterer, mobile unit or wholesale / manufacturer moving to a different licensed facility Wholesale/Manufacturing and Retail ................................... Addition of wholesale license to currently licensed retail facility or if both new establishments reviewed at same time (Retail = full review, Wholesale = minor review) Piercing and Tattooing .......................................................... Addition of a 2nd license to a currently licensed body art facility or if both licenses are applied for at the same time (1st license = full review, 2nd license = minor review) $84 + Pre-operational inspection $84 + Pre-operational inspection $84 + Pre-operational inspection $84 + Pre-operational inspection Miscellaneous Education Course (4 hour) ......................................................... Exemption Request .................................................................... $20 $84 291 17 Extension Request ...................................................................... Hazard Analysis and Critical Control Points (HACCP) .. Pre-operational Inspection (based on 1 ½ hours) ..................... $84 $336 $126 + Base Rate for each additional hour License, Registration or Permit (All are owner and location specific) Payable to Gallatin City-County Health Department (GCCHD) Body Art License Body Piercing ........................................................................ Ear Lobe Piercing Only ......................................................... Tattooing ................................................................................ Body Art Temporary Event ................................................... Delinquent .............................................................................. Cottage Food Operation Registration ...................................... Temporary Food Service Event Permit Small (1-2 employees) ........................................................... Large (3 or more employees) ................................................. $135 $75 $135 $84 + PO Inspection $25 $40 $85 $115 License (All are owner and location specific) Payable to Montana Department of Public Health & Human Services (MDPHHS) Food Service Retail Food Small (1-2 employees) ....... Retail Food Large (3 or more employees) .................... Wholesale/Manufacturing ...................... Public Accommodation Hotel Small (1 to 10) ............................. Hotel Medium (11 to 25) ....................... Hotel Large (>25) ................................. $85 $115 $115 $40 $80 $160 Pool & Spa Pool ............................................ Spa ............................................. Trailer Court / Campground Trailer Court Small (1 to 10) ..... Trailer Court Medium (11 to 25) Trailer Court Large (>25) .......... Work Camp ................................ Youth Camp ............................... $200 $ 75 $40 $60 $120 $40 $40 292 18 Wastewater Treatment System Fees Health Code Chapter 3 Permit Fee New ................................................................................................................ Replacement .................................................................................................. Upgrade/Extension ........................................................................................ Multiple User ................................................................................................. Commercial ................................................................................................... Public ............................................................................................................. Public/Commercial System Component Fee ................................................. Experimental .................................................................................................. Tanks Only .................................................................................................... Unpermitted WWTS ...................................................................................... $375 + Review Fee $375 + Review Fee $375 + Review Fee $485 + Review Fee $485 + Review Fee $485 $320 $590 + Review Fee $320 + Review Fee $375 Review Fee Lots Not Requiring Site Evaluation ............................................................... Lots Requiring Site Evaluation ...................................................................... Additional Review Fee .................................................................................. Application & Permit Modifications ............................................................. Design or Drainfield Location Change .......................................................... Application or Auth. To Construct Extension ............................................... $140 $275 $200 $140 $275 $84 Miscellaneous Fees Competency Exam/Registration Installer Competency Exam ..................................................................... Site Evaluator Exam ................................................................................ Registration Fee ....................................................................................... Homeowner Installation Exam ................................................................ Variance Application First Variance Request ............................................................................. Each Additional Variance Request .......................................................... $200 $275 $84 $105 $690 $290 293 HEALTH CODE CHAPTER 2 Regulations for Licensing and Inspection of Establishments and Facilities Including Retail Food, Wholesale Food, Cottage Food, Hotels, Motels and Rooming Houses, Public Pools, Trailer Courts and Campgrounds, Tattooing and Body Piercing Establishments Effective August 26, 2017 Gallatin City-County Health Department Environmental Health Services 215 West Mendenhall, Room 108 Bozeman, MT 59715 (406) 582-3120 294 Health Code Chapter 2 Regulations for Licensing and Inspection of Establishments and Facilities Including Retail Food, Wholesale Food, Cottage Food, Hotels, Motels and Rooming Houses, Public Pools, Trailer Courts and Campgrounds, Tattooing and Body Piercing Establishments Section 1 GENERAL PROVISIONS 1.1 The Board is formed in accordance with Sec. 50-2-106, MCA and has the powers and duties set forth in Sec. 50-2-116, MCA. 1.2 The authority and scope of these regulations are based on various provisions of Montana law set forth in Title 50, MCA. The intent the Board is to adopt regulations that do not conflict with applicable law. 1.3 Purposes: A) The Board finds that health and safety risks are associated with persons providing retail (sold directly to the consumer) and wholesale food (not directly sold or distributed to the consumer) to the public and that regulation is required to prevent and eliminate conditions and practices that endanger public health. It is therefore the Board’s intent to set forth processes and standards that are necessary for the prevention of the transmission of food borne illnesses in order to safeguard public health so that food does not become a vehicle in a disease outbreak or in the transmission of disease, such as botulism and Hepatitis A. These regulations also intend to prevent other types of potentially life threating situations, such as physical or chemical contamination of food and to require retailers and wholesalers provide safe, properly protected, and honestly presented foods. B) The Board finds that sanitation and safety of public accommodations including hotels, motels, and rooming houses affect the public health and it is necessary to adopt regulations to prevent and control the spread of disease and encourage safety and welfare of the public. In addition, the Board, by adopting these regulations wishes to encourage conditions and practices in public accommodations that do not endanger public health. C) The Board finds that sanitation and safety of public swimming pools and public bathing places affect public health and safety. The Board finds it necessary to adopt regulations for processes and standards necessary for the prevention of transmission of disease including the promotion of water clarity, water disinfection, proper pH levels and bacteriological standards for the prevention of pathogenic organisms and to minimize the risk of injury from factors including 295 physical entrapment and toxic chemical exposure and by use of adequate lifesaving and safety equipment. D) The Board finds that health and safety risks are associated with persons providing food in a temporary manner or cottage food products to the public and that regulation is required to prevent and eliminate conditions and practices that endanger public health. The Board’s intent is to set forth processes and standards necessary for the prevention of the transmission of food borne illnesses in order to safeguard public health so that food does not become a vehicle in a disease outbreak or in the transmission of disease, such as botulism and Hepatitis A. The Board finds it is beneficial to the health of the public to regulate these operations in order to prevent or eliminate unsanitary and unhealthful conditions and practices that may endanger public health, undisclosed allergens and other potentially life threating situations. E) The Board finds that public health and safety risks are associated with operating certain campgrounds, trailer courts, work camps, and youth camps. The Board finds it is necessary to adopt regulations to set forth processes and standards necessary for the prevention of transmission of disease and to prevent or eliminate unsanitary or unhealthful conditions, such as contaminated drinking water and inadequate sewage disposal along with other conditions and practices that may endanger public health. F) The Board finds that health and safety risks are associated with the procedures and practices of tattooing and body piercing. Safe and sanitary conditions of tattooing, piercing and other body modification practices are necessary for the prevention of the transmission of blood borne pathogens such as Hepatitis B virus and human immunodeficiency virus as well as other potentially life threatening diseases. These regulations intend to protect public health, safety and welfare by setting forth processes and standards for the practice of tattooing and piercing. 1.4 These regulations apply to Gallatin County, Montana. 1.5 In order to implement public health laws of the State of Montana, the Board adopts the following, in its current edition, by reference, unless otherwise specified herein, and also prospectively adopts any amendments made thereto: A) Chapters 110, 111, and 115 of Title 37, ARM (hereinafter “State Regulations”) and the legislative authority for such State Regulations. If applicable, the phrase “department” in any State Regulations may also mean the Board or Health Officer. The State Regulations and corresponding statutory authority set forth in the MCA (Title and Chapter) is also adopted herein as those provisions pertain to the regulation of: i. Retail Food Establishments (50-50) ii. Temporary Retail Food Establishments (50-50) iii. Hotels, Motels and Rooming Houses (50-51) 296 iv. Public Pools and Swimming Areas (50-53) v. Tourist Campgrounds and Trailer Courts (50-52) vi. Wholesale Food Establishments (50-57) 1.6 For the purpose of the Board regulating Tattooing and Body Piercing Establishments, Chapter 112 of Title 37, ARM of the State Regulations is adopted by reference pursuant to Sec. 50-48-203, MCA, in its current edition, unless otherwise specified herein, and the Board also prospectively adopts any amendments made thereto. The legislative authority for such State Regulations is also adopted. If applicable, the phrase “department” in any State Regulations may also mean the Board or Health Officer. 1.7 The Board regulates Cottage Food Operations through Registration and pursuant to Secs. 50-50-116, 117, 121, MCA. 1.8 The Board authorizes the Health Officer, as defined herein, to administer and enforce these regulations. 1.9 This Regulation contains a Fee Schedule for services which the Board has authority to regulate. The Fee Schedule shall be adopted simultaneously with this Regulation by resolution of the Board. Amendments to the fee schedule may be made by resolution upon proper notice pursuant to Sec. 7-1-2121, MCA. Fees are set by statute or other applicable law or shall be reasonable and related to the cost of providing the service including the actual costs incurred for licensure, inspection, enforcement, training, or administration. 1.10 For orderly administration and enforcement of these regulations the Board may adopt policies consistent with these regulations and Montana law. 1.11 The Health Officer may develop procedures consistent with these regulations and Board policies to provide the means and methods for EHS to assist in the administration and enforcement of these regulations. 1.12 Unless otherwise defined in State Regulations or otherwise defined in these regulations, the following definitions apply throughout: “Apply” or “Application” is the act of any Person in the attempt to obtain any Validation, License, permit, Registration or authorization. A request from DPHHS for Validation is considered an Application. “Applicant” is a person or individual who Applies or makes Application, or an agent thereof. “ARM” is the Administrative Rules of Montana. “Board” is the Gallatin City-County Board of Health. 297 "Cottage Food Operation" is the provision, manufacture, or packaging of Cottage Food Products only in a kitchen in a registered area of a domestic residence and only for direct sale to a consumer in this state by an individual. "Cottage Food Products" are foods that are not potentially hazardous and are processed or packaged in a Cottage Food Operation, including jams, jellies, dried fruit, dry mixes, and baked goods. “DPHHS” is the Department of Public Health and Human Services for the State of Montana as provided for in Section 2-15-2201, MCA. “EHS” is the Gallatin City-County Health Department, Environmental Health Services, an agent of the Health Officer. “Establishment” is a specific geographic location or specific facility open to the public or private offering goods or services for which an Application is made, for which a person obtains a License or Registration or which is subject to these regulations or Montana law. Establishment may be further defined in State Regulations. “Health Officer” is the individual appointed by the Board as the Health Officer pursuant to Section 50-2-116(1)(a), MCA or an agent of the Health Officer. “License” means a written document issued by DPHHS and validated by the Health Officer authorizing operation of an Establishment or a written document issued by Board through the Health Officer authorizing operation of an Establishment. “Licensee” is a person who obtains a License. “MCA” means Montana Code Annotated. “Person (person)” means an individual, business association, limited liability company, partnership, corporation, government, or other legal entity. “Registration (Registered)” means the act of the Health Officer after a person applies for registration for a Cottage Food Operation pursuant to Sec. 50-50- 117, MCA. “Registered Area” means the portion of a domestic residence that has been Registered in which food ingredients intended for Cottage Food Products are transported or stored or the domestic residence kitchen where Cottage Food Products are processed, packaged, or stored. "Temporary food establishment" means a retail food establishment that either: (a) operates at a fixed location for no more than 21 days in conjunction with a single event or celebration; or (b) uses a fixed menu and operates within a single county at a recurring event or celebration for no more than 45 days. 298 “Validation” is the act of the Health Officer to recognize, establish or affirm a License issued by DPHHS as required by law. 1.13 A) A person is subject to all remedies available under law for failure to comply with or for violation of these regulations or the State Regulations. B) A person violates these regulations or does not comply with the rules set forth in these regulations if the person operates, controls or uses an Establishment without a License or Registration. 1.14 A Validation, Registration or License may be denied if an Applicant does not comply with other agencies, districts, or governmental entity’s bylaws, ordinances, laws, rules or regulations. 1.15 In any case where a provision of these regulations conflicts with a provision of any law; zoning, building, fire, safety or health ordinance; regulation or code of the federal, state or a local government, the Health Officer shall interpret these regulations to establish the greater protection of public health, safety and welfare. 1.16 If any section, subsection, paragraph, sentence, clause, or phrase of the regulation should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of these regulations, which shall remain in full force and effect. 1.17 These regulations supersede and replace Chapter 2 of the Gallatin City-County Health Code on the date they are adopted and in effect. These regulations repeal all of Chapter 4 of the Gallatin City-County Health Code on the date they are adopted and in effect. Section 2 APPLICATION, AUTHORIZATION, LICENSING AND VALIDATION PROCESS 2.1 In order to obtain a License or Registration an Applicant must Apply on forms provided by DPHHS or the Health Officer and pay all associated fees. 2.2 The Health Officer will determine if an Application is complete. If the Application is complete, it will be processed and evaluated in accordance with law. The Health Officer will issue a Validation, Registration or License upon determination that the Application complies with these regulations or Montana law. Any Validation, Registration or License may be reasonably conditioned by the Health Officer if such conditions are consistent with State Regulations and state and federal law. Conditions may include requirements for certain Licensees, Applicants or those with a Registration to display the common name of any food item and all contact information. 2.3 The Health Officer may invalidate, revoke, or recommend revocation of any License, Registration, Validation, or authorization upon good cause shown that a provision of these regulations, State Regulations, local ordinances or state and federal law has not 299 been followed. The Health Officer may deny an Application, Registration or Validation or may invalidate, revoke, recommend revocation, suspend, or modify any Validation, Registration or License, permit, authorization, approval, or registration for any person who has: A) Failed or refused to comply with the provisions of these regulations or any other law; or B) Obtained or attempted to obtain a permit or any other required certificate or approval by fraud, misrepresentation, purposeful omission or submits false or inaccurate information in support of its Application. Section 3 SUBSTANTIVE PROVISIONS 3.1 Temporary Food Establishments A) Temporary food establishments shall be operated in compliance with the State Regulations and the corresponding statutory authority set forth in these regulations and shall Apply for a License as set forth in these regulations. B) Bona fide nonprofit entities are exempt from fee and Registration if such entity is only operating the equivalent of a Cottage Food Operation. 3.2 Food Hazards A) The Board finds it necessary to protect against public health hazards by imposing the following specific requirements regarding hazardous foods. The Board will document the conditions that necessitate the imposition of additional requirements and the underlying public health rationale. The documentation shall be provided to any Applicant or other person upon request and shall be maintained in files maintained by EHS for the Board. B) The Board finds the following products are potentially hazardous and the Board or Health Officer may impose reasonable conditions upon any Licensee or those with a Registration: i. Fresh squeezed juices a) must be discarded within 24-hours. ii. wild-harvested mushrooms. 3.3 Body Art A) The Health Officer on behalf of the Board shall report annually to DPHHS on the number of establishments that it licenses and regulates. 3.4 General Substantive Provisions and Clarifications 300 A) In order to comply with State Regulations, Retail Food Establishments must have sewage and drinking water systems that are approved in accordance with applicable local and state statutes, regulations and ordinances. Any approval by the Health Officer under any regulations of the Board may be conditioned on: i. written documentation or records to ensure that the sewage system is functioning and maintained properly including all necessary permits or approvals from State and local entities. ii. adequate equipment or procedures to properly collect and dispose of fats, oils and grease. The Health Officer may approve the location, size, applicability of minimum plumbing standards and the type of grease separation unit. iii. approval of a public water system under applicable local and state statutes, regulations and ordinances. iv. written documentation or records to ensure that any water system is functioning and maintained properly, including permits under applicable local and state statutes, regulations and ordinances. Section 4 INSPECTIONS AND ENFORCEMENT 4.0 The Health Officer may ask for assistance from the Gallatin County Code Compliance Specialist for investigation of violations of these regulations. 4.1 The Health Officer may conduct inspections: in accordance with relevant law, to protect against the introduction and spread of disease, for conditions of public health importance, or to ensure the removal of filth or other contaminants that might cause disease or adversely affect public health. 4.2 In enforcement of these regulations, the Health Officer may: A) Convene a meeting with an Applicant, Licensee or other person operating an Establishment where an Establishment does not conform with these regulations. B) Issue enforcement notices or orders directed to an Applicant, Licensee or other person operating an Establishment causing or responsible for the violation of these regulations including: 1) Ordering corrective measures necessary to effect compliance with these regulations which may include a compliance schedule; 2) Ordering work on or the use of any Establishment to stop until all necessary Licenses, permits, approvals and registrations are obtained;or 3) Invalidation, denial, suspension, modification, or revocation of Licenses, permits, approvals, or Registrations. 301 C) Initiate civil or criminal actions, including a request for the assessment of penalties or fines allowed by law. D) Report violations to DPHHS for enforcement. 4.3 Any enforcement order issued under this section shall: A) Be in writing and may contain a basic legal property description of the parcel(s) of land upon which the Establishment is located. B) Name the person or persons to whom the order is directed. C) Briefly describe each action or inaction constituting a violation of these regulations or other relevant law. D) Specify any required corrective action, if applicable. E) Specify the effective date of the order, with time or times of compliance. F) Provide notice of the consequences of failure to comply. Such notices may include a statement that continued or repeated violation may subject the violator to: 1) Invalidation, denial, suspension, or revocation of any License, permit, approval, or Registration; 2) Request for civil enforcement and prosecution in court; or 3) Other appropriate remedies including a report of violation to DPHHS. G) Provide the name, business address, and phone number of an appropriate staff person who may be contacted regarding an order. 4.4 Enforcement orders should be served in the manner of service of a summons in a civil action or sent by certified mail or in another manner showing proof of receipt. 4.5 The Board shall hear appeals which allege error of any written decision of the Health Officer. Appeals shall be conducted in accordance with regulations, rules and policies the Board establishes for that purpose. An appeal to the Board must be made within 30 calendar days after receiving written notice of the Health Officer and the Board shall either affirm, modify or reverse the decision of the Health Officer. 302 HEALTH CODE CHAPTER 2 FEES RETAIL FOOD, WHOLESALE FOOD, COTTAGE FOOD, HOTELS, MOTEL AND ROOMING HOUSES, PUBLIC POOLS, TATOOING AND BODY PIERCING, TOURIST CAMPGROUNDS, AND TRAILER COURT ESTABLISHMENTS Base Rate for Services…………………………………………………………………………… $84.00 Pre-operational inspection (based on 1 ½ hours)…………………………………. $126.00 + base rate for each additional hour Example: A 750 sq. foot new retail food establishment is subject to Plan Review (252.00) + Pre-operational inspection ($126) + State Issued Annual License Fee ($115.00) = $493.00 PLAN REVIEW MINOR REVIEW Description Fee Retail and Wholesale Food Establishment Up to 750 sq. feet or Mobile Unit 751 sq. ft. to 2,500 sq. ft. >2,500 sq. ft. Caterer or Manufacturer using licensed commissary kitchen Multi-Department Establishment Fee (Base Fee + Department Fees) Base Fee Up to 750 sq. ft. or Mobile Unit 751 sq. ft. to 2,500 sq. ft. >2,500 sq. ft. $252.00 + Pre-operational inspection $336.00 + Pre-operational inspection $420.00 + Pre-operational inspection $252.00 + Pre-operational inspection $420.00 + Pre-operational inspection $252.00 $336.00 $420.00 Hotels, Motels, and Rooming Houses Hotel/Motel with guest only food service facilities Motel/Hotel with no food service, Bed and Breakfast, Tourist Home, Rooming House $252.00 + Pre-operational inspection $168.00 + Pre-operational inspection $168.00 + Pre-operational inspection Public Pools and Swimming Areas Performed by Department of Public Health and Human Services Tourist Campgrounds and Trailer Courts $168.00 + Pre-operational inspection Tattooing and Body Piercing $168.00 + Pre-operational inspection Description Fee Hazard Analysis and Critical Control Points (HACCP) $336.00 Basic Ownership Change $84.00 + Pre-operational inspection Licensed Caterer or Manufacturer Commissary Review $84.00 + Pre-operational inspection Manufacturer/Retail Review (addition of 2nd license to already licensed facility or if both new establishments reviewed at the same time) $84.00 + Pre-operational inspection 303 OTHER FEES TATOOING AND BODY PIERCING ANNUAL LICENSE FEE ANNUAL STATE LICENSING FEES (Licenses expire every year on December 31st ) Description Fee Site Visit (based on 1 ½ hour/visit) Owner/operator requested $126.00 + base rate for each additional hour Cottage Food Operation Registration $40.00 Temporary Food Service Event Small (1-2 employees) Large (3 or more employees) $85.00 $115.00 Exemption Request $84.00 Extension Request $84.00 Education Course (4 hour) $20.00 per individual Description Fee Tattooing $135.00 Body Piercing $135.00 Ear Lobe Piercing Only $75.00 Temporary Body Art Event $84.00 + Pre-operational inspection Delinquent Fee $25.00 Description Fee Retail Food Establishments Small (1-2 employees) Large (3 or more employees) $85.00 $115.00 Wholesale Food or Beverage $115.00 Hotels, Motels, & Rooming Houses Up to 10 room 11 to 25 rooms 26 or more $40.00 $80.00 $160.00 Tourist Campgrounds and Trailer Courts Up to 10 room 11 to 25 rooms 26 or more Work camps Youth camps $40.00 $60.00 $120.00 $40.00 $40.00 Public Pools & Swimming Areas Pool Spa $200.00 $75.00 304 HEALTH CODE CHAPTER 3 Regulations for Wastewater Treatment Systems Effective August 23, 2015 Gallatin City-County Health Department Environmental Health Services 215 West Mendenhall, Room 108 Bozeman, MT 59715 (406) 582-3120 305 Health Code Chapter 3 Regulations Section 1 GENERAL PROVISIONS 1.1 The Gallatin City-County Board of Health (“Board”) recognizes the importance of the proper treatment and disposal of wastewater. Wastewater has been shown to contaminate ground water and surface water (drinking water). Fecal matter in wastewater can transmit parasites, bacteria and viruses to drinking water. Such contamination can cause diseases such as dysentery, infectious hepatitis, typhoid, paratyphoid, and various diarrheal infections. Wastewater has also been shown to carry many chemicals at levels that are above background conditions and which are known to directly or indirectly cause health hazards. Examples include ammonia, ammonium, nitrate, nitrite, phosphate, metals, pharmaceuticals, and personal care products. The regulations in Chapter 3 have been developed using standards which are based on proven technology for the siting, design, construction, installation, and maintenance of wastewater treatment systems, and are adopted to assist with the proper treatment and disposal of wastewater in order to reduce potential public-health hazards. 1.2 The authority and scope of these regulations are based on Title 50, Chapter 2, Part 1, Montana Code Annotated (“MCA”). These regulations apply to Gallatin County, Montana. 1.3 The Board adopts the following by reference in its current edition and also prospectively adopts any amendments made thereto by the State of Montana: A) Administrative Rules of Montana (“ARM”) Section 17.36, Subchapter 9 (“Treatment Rules”); and B) Circular DEQ 4, “Montana Standards for Subsurface Wastewater Treatment Systems.” (“DEQ 4”) 1.4 The Board authorizes the Health Officer to administer and enforce these regulations. 1.5 Section 50-2-116, MCA allows the Board to charge reasonable and necessary fees for services as determined by the Board. This Regulation contains a Fee Schedule for services. Fees adopted in these regulations are based on, but do not exceed, the actual cost of service as determined by Gallatin County. 1.6 For orderly administration and enforcement of these regulations the Board may adopt policies consistent with these regulations and Montana law. 1.7 The Health Officer may develop procedures consistent with these regulations and Board policies to provide the means and methods for EHS to assist in the administration and enforcement of these regulations. 1.8 These regulations govern those individual, multiple-user, commercial and certain types of public subsurface wastewater treatment systems set forth in DEQ 4. 1.9 As used in these regulations the following definitions apply: Apply the act of any person who owns real property, in order to obtain any permit or authorization for a WWTS. In order to Apply a person must provide the Health Officer a COSA or a Site Evaluation. Applicant one who Applies or makes Application or an agent thereof. As-built a post-construction drawing, which accurately depicts WWTS components and other on-site features. Authorization to Construct upon issuance this authorization allows the construction, repair, replacement, or alteration of a WWTS. C & R Gallatin County Clerk and Recorder’s Office. 306 Certificate of Subdivision Approval (COSA)a certificate issued by MDEQ pursuant to 17-36-110, ARM reviewing and approving real property which requires a water supply and sewer (also known as Release of Sanitary Restrictions (RSR)). EHS Gallatin City-County Health Department, Environmental Health Services, an agent of the Health Officer. Final Approval is granted upon review and acceptance of the System Certification and an As-built. Health Officer the individual appointed by the Board as the Health Officer pursuant to Section 50-2- 116(1)(a), MCA or an agent of the Health Officer. Installer an individual possessing a valid Registration of Competency to construct, repair, replace, or alter a WWTS based on demonstration of sufficient evidence of competence to install WWTS components in accordance with manufacturer’s instructions and requirements of DEQ 4. MDEQ the Montana Department of Environmental Quality. Permit Number the number assigned in sequential fashion by the Health Officer which applies to both an Applicant’s individual Authorization to Construct and Permit to Operate a single WWTS. Permit to Operate upon Final Approval the authorization to operate a WWTS. Person (person) an individual, business association, limited liability company, partnership, corporation, government, or other legal entity. Registration of Competency a registration issued by the Health Officer to an individual who has demonstrated sufficient evidence of competence as required in DEQ 4 to perform Site Evaluations or to be an Installer in Gallatin County. Site Evaluation the act of evaluating the location of a proposed WWTS in accordance with DEQ 4. The Health Officer, in accordance with DEQ 4, may require prior authorization to conduct a Site Evaluation including any corresponding ground water monitoring. A Site Evaluation shall disclose the location of any previous or existing WWTS for a Tract of Record. Site Evaluator an individual who holds a Registration of Competency to perform Site Evaluations or an individual is qualified as a Site Evaluator based solely on the individual’s education, licenses or credentials that satisfy DEQ 4. System Certification a written acknowledgment that a WWTS or component(s) was installed in accordance with the Authorization to Construct and applicable regulations. Tract of Record a discrete parcel of real property as defined in Section 76-3-103(16)(a), MCA. Unpermitted WWTS any WWTS that does not have Authorization to Construct or Permit to Operate. Wastewater “Wastewater” located in Gallatin County, Montana as defined in the Treatment Rules. WWTS a “Wastewater treatment system” located in Gallatin County, Montana as defined in the Treatment Rules including any pipes, conduits, or other stationary method by which water, sewage, or solid wastes might be transported or distributed through the system. 307 1.10 A person violates these regulations or does not comply with the rules set forth in these regulations if the person: A) Constructs, repairs, replaces, or alters a WWTS unless the person holds an Authorization to Construct. B) Allows, promotes or facilitates the construction, repair, replacement or alteration of a WWTS without an Authorization to Construct. C) Operates or uses a WWTS without a Permit to Operate. D) Generates or disposes of Wastewater in a manner or with a WWTS that does not comply with DEQ 4, in violation of the Treatment Rules, or without a Permit to Operate the WWTS. 1.11 A Permit to Operate may be subject to no more than a 5-year termination date from the date of issuance for re-examination to determine compliance with these regulations 1.12 An Authorization to Construct or a Permit to Operate may be denied if an Applicant does not comply with other agencies, districts, or other governmental entity’s bylaws, ordinances, laws, rules or regulations. 1.13 An Authorization to Construct will only be issued if the following are properly recorded with the C & R: A) A Tract of Record where the WWTS will be located; and B) A COSA or a Health Officer approval (if applicable) for the Tract of Record where the WWTS will be located. 1.14 A WWTS authorization or permit governs only the installation and operation of wastewater treatment systems. A WWTS approval or inspection by the Health Officer does not guarantee the workmanship, operation or longevity of any system. Subdivision covenants are not enforceable under these regulations. No WWTS approval or permit is considered a building permit or any other permit that may be required by other agencies to build in Gallatin County. 1.15 An Application or request for assistance with a Site Evaluation or ground water monitoring establishes the Applicant’s consent to allow the Health Officer or agents thereof to enter the property for determining compliance with state and local approvals and regulations. 1.16 Any new construction, repair, replacement, or alteration of any portion of or all of an existing WWTS, or change in use of improvements to real property, may require that the entire system meet these regulations for location, design and construction of a WWTS based on a determination of the Health Officer regarding substantial compliance with these regulations, Montana law and the health, safety and welfare of the public. 1.17 The Health Officer shall apply the Treatment Rules, DEQ 4 and these regulations to any Application notwithstanding the terms of any COSA that applies to the real property. For the purpose of evaluating any Application, the Health Officer shall assume that any COSA requirements are for one single-family dwelling per Tract of Record if not already specified in the COSA. 1.18 The owner of the property served by the WWTS is responsible for system operation and maintenance in accordance with the Treatment Rules, DEQ 4 and these regulations. The Health Officer may require proof of compliance with these regulations. 1.19 In any case where a provision of these regulations is in conflict with a provision of any law, zoning, building, fire, safety or health ordinance, regulation or code of the federal, state or a local government the Health Officer shall interpret these regulations to establish the greater protection of public health, safety and welfare. 1.20 If any section, subsection, paragraph, sentence, clause, or phrase of the regulation should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of these regulations, which shall remain in full force and effect. 308 Section 2 AUTHORIZATION AND PERMITTING PROCESS 2.1 In order to obtain an Authorization to Construct an Applicant must Apply on forms provided by the Health Officer and pay all fees. The Application may be denied if it does not comply with these regulations. 2.2 Upon receipt of a complete Application the Health Officer will: A) Determine if a COSA has been recorded with the C & R with sufficient information to determine compliance with these regulations; or B) Review and verify a Site Evaluation to determine if suitable conditions exist for on-site wastewater treatment and disposal. 2.3 The Health Officer will issue an Authorization to Construct and issue a Permit Number upon determination that the Application complies with these regulations. An Authorization to Construct is valid for 24 months unless modified upon showing of good cause to the Health Officer. 2.4 The Applicant must schedule an inspection with the Health Officer after installation of WWTS components by the Applicant. 2.5 A System Certification and As-built must be submitted to the Health Officer. Upon review of the System Certification and As-built, and determination of compliance with these regulations, the Health Officer will grant Final Approval and the Authorization to Construct becomes a Permit to Operate. A) An Unpermitted WWTS may receive a Permit to Operate and Permit Number when it is likely that public health will not be adversely affected after the Health Officer applies consistent criteria and standards in order to determine substantial compliance with these regulations and Montana law. B) The Health Officer is authorized to adopt procedures to issue an Authorization to Construct, Permit to Operate or Permit Number for a WWTS in exigent or other circumstances in order to protect the public health after the Health Officer applies consistent criteria and standards in order to determine substantial compliance with these regulations and Montana law. The Health Officer may reasonably condition any such permit, approval or registration. 2.6 An Authorization to Construct or Permit to Operate may be reasonably conditioned by the Health Officer if such conditions are consistent with the Treatment Rules and DEQ 4. 2.7 In evaluating an Application, the Health Officer shall take an abandoned WWTS or components thereof into consideration when identified in a Site Evaluation or by inspection. The Health Officer may condition any new Authorization to Construct or Permit to Operate on providing proof that WWTS components including septic tanks, grease traps, dosing tanks or pumping chambers are emptied by a person licensed by MDEQ to do so and: A) Removed and disposed of at an approved facility; B) Filled with sand, gravel or soil and buried in place or C) Crushed and buried in place. 2.8 A Permit Number may be issued for a permit or authorization of another governmental authority in order to create a record of a WWTS. 309 2.9 The Health Officer may invalidate or revoke any permit or authorization upon good cause shown that a provision of these regulations, the Treatment Rules or DEQ 4 have not been followed. The Health Officer may deny an Application or may invalidate, revoke, suspend, or modify any permit, authorization, approval, or registration for any person who has: A) Failed or refused to comply with the provisions of these regulations or any other law regulating the operation of a WWTS; or B) Obtained or attempted to obtain a permit or any other required certificate or approval by fraud, misrepresentation, purposeful omission or submits false or inaccurate information in support of its Application. Section 3 SUBSTANTIVE PROVISIONS 3.1 A WWTS or a WWTS for which a Permit Number is issued must comply with the Treatment Rules, DEQ 4 and these regulations in order to obtain or maintain an Authorization to Construct or Permit to Operate. 3.2 The following regulations in this subsection are more stringent than the Treatment Rules and requirements of DEQ 4. The Health Officer shall maintain specific records of the Board’s written findings which are based on evidence in the record made after a public hearing and public comment that these regulations: 1) protect public health and the environment; 2) can mitigate harm to the public health or environment; and 3) are achievable under current technology. The Health Officer’s records must show the basis of the findings from information and peer-reviewed scientific studies that form the basis for the Board's conclusion. The written findings must also include information from the hearing record regarding the costs to the regulated community that are directly attributable to these Regulations that are more stringent than the Treatment Rules and requirements of DEQ 4. A) Systems installed in medium sand, sandy loam soils with percolation rates faster than 10 mpi or with application rates greater than or including 0.6 gpd/ft2 must be pressure dosed. B) To construct, repair, replace, or alter a WWTS a person must hold a valid Registration of Competency as an Installer. 3.3 The Health Officer may require monolithic, sealed or ballasted tanks in high ground water areas in order to meet the requirements of DEQ 4. 3.4 Public Wastewater Treatment Systems: Plans for public WWTS shall be reviewed and approved by MDEQ pursuant to Section 75-6-102, MCA and the Health Officer will issue a Permit Number based on approved MDEQ plans. Replacement or additional system components not covered under the originally MDEQ approved design may require a review and local approval prior to construction. Section 4 ENFORCEMENT AND VARIANCES 4.1 The Health Officer may ask for assistance from the Gallatin County Code Compliance Specialist for investigation of violations of these regulations. 4.2 The Health Officer may: A) Convene a meeting with an Applicant or owner of property with a WWTS that does not conform with these regulations. 310 B) Issue enforcement notices or orders directed to the owner or operator of a WWTS or other person causing or responsible for the violation of these regulations including: 1) Ordering corrective measures necessary to effect compliance with these regulations which may include a compliance schedule; 2) Ordering work to stop on or the use of any WWTS or portion thereof until all necessary, permits, approvals and registrations are obtained; or 3) Invalidation, denial, suspension, modification, or revocation of permits, approvals, or registrations. C) Initiate civil or criminal actions, including a request for the assessment of penalties or fines allowed by law. 4.3 Any enforcement order issued under this section shall: A) Be in writing and contain a basic legal property description of the parcel(s) of land. B) Name the person or persons to whom the order is directed. C) Briefly describe each action or inaction constituting a violation of these regulations or other relevant law. D) Specify any required corrective action, if applicable. E) Specify the effective date of the order, with time or times of compliance. F) Provide notice of the consequences of failure to comply. Such notices may include a statement that continued or repeated violation may subject the violator to: 1) Invalidation, denial, suspension, or revocation of any permit, approval, or registration; 2) Request for civil enforcement and prosecution in court; or 3) Other appropriate remedies. G) Provide the name, business address, and phone number of an appropriate staff person who may be contacted regarding an order. 4.4 Enforcement orders should be served in the manner of service of a summons in a civil action or sent by certified mail or in another manner showing proof of receipt. 4.5 As per 17.36.922, ARM, the Board will hear variance requests from the Treatment Rules and DEQ 4. The Health Officer may provide additional forms and charge fees for consideration of a variance. 4.6 If a variance request is approved, the Board’s findings will be filed at the C & R’s office for the subject property. 4.7 If a variance is denied, the Application is denied, and any new proposal must start with a new Application. When a variance is denied the Applicant may appeal to MDEQ under Section 75-5-305, MCA. 4.8 The Board shall hear appeals which allege error of any written decision of the Health Officer. Appeals shall be conducted in accordance with regulations, rules or policies the Board establishes for that purpose. An appeal to the Board must be made within 21 days of a written decision of the Health Officer and the Board shall either affirm, modify or reverse the decision of the Health Officer. 311