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Home My WebLink About06-08-21 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.Public Service Announcements D.1 Introduction of new Human Resources Director and Interim Public Works Director E.FYI F.Commission Disclosures G.Approval of Minutes THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, June 8, 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=ecac63bdf6733a652947a0c39f24c919a 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: 182 414 5144 If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net prior to 12:00pm on the day of the meeting. You may also comment by visiting the Commission's comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this online meeting. If you are not able to join the Webex meeting and would like to provide oral comment you may send a request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and the City Clerk will call you during the meeting to provide comment. You may also send the above information via text to 406-224-3967. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. 1 G.1 Approve the Regular Meeting Minutes from: January 27, 2020 February 10, 2020 May 4, 2021 May 11, 2021 May 18, 2021 May 25, 2021(Maas ) H.Consent H.1 Accounts Payable Claims Review and Approval (Stewart) H.2 Authorize the Mayor to Sign a Montana Department of Commerce Big Sky Economic Development Trust Fund Program Contract Â (Contract # MT-BSTF-01-21-19) and Authorize the City Manager to Execute Additional Documents Required to Facilitate and Manage the Amended Grant Award for Profitable Ideas, Inc.(Fontenot) H.3 Authorize the City Manager to Sign a Grant Agreement with Gallatin Watershed Council for Interpretive Signage Project(Jadin) H.4 Authorize the City Manager to Sign a Notice of Award and Contract Documents for the 2021 Curb Replacement Project to Treasure State, Inc. for the Purpose of Replacing Curb and Gutter on West Garfield Street(Gamradt) H.5 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with SwissDetail, Inc for the Swiss Plaza, Phase 1 Project (20372)(Johnson) H.6 Authorize the City Manager to Sign a Drainage Easement, Public Utility Easement and Utility Easement with Gallatin Mall Group, LLC for the Gallatin Valley Mall Redevelopment Project (20412)(Johnson) H.7 Authorize the City Manager to Sign a Utility Easement for Telephone, Electric Power, Gas, Internet, Cable Television or Other Similar Utilities or Services with J&D Customs, Inc. for the Delta Gamma House (20170)(Nielsen) H.8 Authorize the City Manager to Sign a Public Light Pole Utility Easement with Sleepy Eye, LLC for the Pedestrian Street Lighting Along North Rouse Between Main Street and the Alley(Shirley) H.9 Authorize the City Manager to Sign a Public Utility Easement and Agreement and a Utility Easement with Elaine S Locati for the Cattail Condos Site Plan (20435)(Schultz) H.10 Authorize the City Manager to Sign a Maintenance Agreement with the Montana Department of Transportation (MDT) for Operation and Maintenance of Decorative Lighting on Rouse Avenue from Main to Lamme(Rosenberry) H.11 Authorize the City Manager Sign a Purchase Agreement with Western Systems for Kagy HAWK Signal Electronics(Van Delinder) H.12 Authorize the City Manager Sign a Purchase Agreement with Lumen FX for Kagy HAWK Signal Poles(Van Delinder) H.13 Authorize the City Manager to Sign a Professional Services Agreement with Stahly Engineering & Associates, Inc. for the Bozeman Sports Park Project(Kline ) 2 H.14 Authorize the City Manager to Sign a Professional Services Agreement with KLJ for the North 15th Avenue Improvements from Patrick to Tschache Construction Management and Inspection Services Contract(Murray) H.15 Authorize the City Manager to Sign Sanderson Stewart Term Contract Task Orders NE2021- 003, NP2021-001, and PY2021-001 for TIF Assistance Program Development Services for the Northeast, North Park, and Pole Yard Urban Renewal Districts(Fine) H.16 Resolution 5310, Appointing Health Officer(Saverud) H.17 Ordinance 2060, Provisional Adoption of the NorthWestern Energy Glen Lake 2021 Zone Map Amendment to Amend the Zoning Map on 5.46 Acres From Public Lands and Institutions PLI to Light Manufacturing M-1 Located on the West Side of the Northernmost Extent of North Rouse Avenue North of Griffin Drive, Application 21011(Saunders) I.Consent II: Items Acted Upon Without Prior Unanimous Approval I.1 Ordinance 2070, Final 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) I.2 Ordinance 2074, Final Adoption of Repealing and Replacing Division 38.270 â€“ Improvements and Guarantees of the Bozeman Municipal Code to Require Sidewalk Installation within the Timeframes that All Other Infrastructure is Installed, Allow More Flexibility to Concurrently Construct Infrastructure and Development Projects, and Generally Clean Up the Code(Rischke) J.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. K.Action Items K.1 Blackwood Groves Major Subdivision Preliminary Plat, Application 20447 (Quasi- Judicial)(Rosenberg) K.2 Resolution 5305, Modification of Special Improvement Lighting District #460 for N 7th Avenue(Donald) K.3 FY22 City Manager Recommended Budget- General Fund Presentation (Donald) K.4 Eastlake Professional Center Minor Subdivision Preliminary Plat, Application 21-016, for the 3 Subdivision of 7.65 Acres into Four (4) Developable Commercial Lots, and Easements, Zoned B-2M.(Miller) L.Appointments L.1 Appointment to the Library Board of Trustees(Maas) M.FYI / Discussion N.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 4 Memorandum REPORT TO:City Commission SUBJECT:Introduction of new Human Resources Director and Interim Public Works Director MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Administration RECOMMENDATION:None. 5 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: January 27, 2020 February 10, 2020 May 4, 2021 May 11, 2021 May 18, 2021 May 25, 2021 MEETING DATE:June 8, 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- 6 video Users are always welcome to contact the City Clerk’s Office at 582-2320 or email agenda@bozeman.net for assistance. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 01-27-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.pdf 02-10-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.pdf 05-04-21 FINAL MINUTES City Commission Meeting.pdf 05-11-21 FINAL MINUTES City Commission Meeting.pdf 05-18-21 FINAL MINUTES City Commission Meeting.pdf 05-25-21 FINAL MINUTES City Commission Meeting.pdf Report compiled on: May 27, 2021 7 Page 1 of 13 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, January 27, 2020 Mayor - Chris Mehl: Present Deputy Mayor - Cynthia Andrus: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Terry Cunningham: Present Commissioner - Michael Wallner: Present Staff Present at the Dais: Interim City Manager (ICM) Dennis Taylor, City Attorney (CA) Greg Sullivan, Strategic Services Director Jon Henderson, Interim City Clerk (ICC) Mike Maas A. 06:00:05 PM (00:02:33) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse B. 06:00:15 PM (00:02:42) Pledge of Allegiance and a Moment of Silence C. 06:00:52 PM (00:03:20) Changes to the Agenda There were no changes to the agenda. D. 06:00:59 PM (00:03:27) Public Service Announcement There were no public service announcements. E. 06:01:12 PM (00:03:40) FYI • ICM Taylor offered an update on the City Manager search • Cr. Cunningham offered a report of a presentation by Dr. Anthony Cook. He questioned if the sale of Fire Station 1 could be related to affordable housing. F. 06:03:11 PM (00:05:39) Commission Disclosures There were no disclosures. G. 06:03:19 PM (00:05:47) Consent 8 Bozeman City Commission Meeting Minutes, January 27, 2020 Page 2 of 13 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 2. Appoint a Sub-committee of Two Commissioners to Review Pledged Securities as of December 31, 2019 (Clark) 3. Resolution 5134, Adoption of the Nahorniak Annexation to Annex 1.1942 Acres at 5170 Durston Road, and Authorize the Interim City Manager to Sign the Annexation Agreement, Application 19335 (Saunders) 4. Ordinance 2038, Provisional Adoption of the Nahorniak Zone Map Amendment to Designate Approximately 1.1942 Acres as R-4, Residential High Density, at 5170 Durston Road, Application 19335 (Saunders) 5. Authorize the Interim City Manager to Accept an Easement and to Sign a Public Utility Easement in Association with the Nahorniak Annexation at 5170 Durston Road, Application 19335 (Saunders) 6. Authorize the Interim City Manager to Sign a Public Use Easement with Bozeman High School District Number 7 for the 15th Ave and Beall Roundabout Project (Kohtz) 7. Authorize the Interim City Manager to Sign a Professional Services Agreement with Rainmaker/Sprinkler Supply Company to Extend Irrigation at the Bozeman Sports Park (Jadin)  8. Authorize the Interim City Manager to Sign a Professional Services Agreement with Core Control Inc., for Zone Control Upgrade at Alfred Stiff Professional Building (Gray) 9. Authorize the Interim City Manager to Sign Construction Agreement with Lutey Construction- The Craftsman, Inc., for the Alfred Stiff Professional Building Renovation Project (Gray) 10. Authorize the Interim City Manager to Sign a First Addendum to the Professional Architectural Services Agreement with Architecture 118, LLC for Additional Construction Administration Services for the Alfred Stiff Professional Building Remodel Phase 2 (Henderson) 11. Authorize the Interim City Manager to Sign a Professional Services Agreement with TD&H Engineering for Engineering Development Services (Lehigh) 12. Authorize the Interim City Manager to Sign a Second Amendment to the 2017 – 2019 Sub- Recipient Agreement for the City of Bozeman’s Community Development Block Grant (CDBG) Revolving Loan Fund (RLF) with the Gallatin Development Corporation, DBA the Prospera Business Network (Fontenot) 13. Authorize the Interim City Manager to Sign a Professional Services Agreement with Stifel, Nicolaus & Company for Underwriting Services for the Refinancing Downtown Urban Renewal Tax Increment Financing District Series 2007 Bonds. (Donald) 14. Ratify the Signature of the Interim City Manager on the Professional Services Agreement with Matthew A. Madsen, of M Squared Consulting for Administrative Support to the Community Housing Program (Andreasen) 15. Ratify the Signature of the Interim City Manager on the Professional Services Agreement with The Nest Collective, for Consulting and Design Services for the Parks and Trails Special District Education Effort (Mileur) 9 Bozeman City Commission Meeting Minutes, January 27, 2020 Page 3 of 13 06:03:44 PM (00:06:12) Public Comment There was no public comment. 06:04:02 PM (00:06:29) Motion and Vote to approve Consent Items 1-15 as submitted. The motion passed 5-0. Commissioner - Michael Wallner: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve H. 06:04:29 (00:06:57) Consent II – Items Acted Upon Without Prior Unanimous Vote 1. Ordinance 2037, Final Adoption of the 2504 W. Mendenhall Street Zone Map Amendment to Designate Approximately 0.978 Acres as R-3, Residential Medium Density, Application 19462 (Saunders) 2. Approve the Final Plat for Catron Crossing Subdivision and Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman; the Director of Community Development to Execute the Improvements Agreements on Behalf of the City of Bozeman, Application 19425 (Saunders) 06:04:56 PM (00:07:23) Public Comment There were no public comments. 06:05:07 PM (00:07:35) Motion and Vote to the approve Consent II Items 1 and 2 as submitted. The motion passed 5-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve I. 06:05:32 PM (00:08:00) Public Comment 10 Bozeman City Commission Meeting Minutes, January 27, 2020 Page 4 of 13 Mayor Mehl opened public comments. 06:06:15 PM (00:08:43) Greg Findley, Public Comment Mr. Findley stated climate change is very important for the future of the City. He asked that it be made a top priority for the coming year. 06:07:09 PM (00:09:37) Sarah Blessing, Public Comment Ms. Blessing stated that young people fear that their future is being diminished by the climate crisis and that quality of life is being affected. She asked that it be made a top 5 priority for the City for the next year. J. 06:08:11 PM (00:10:39) Special Presentations 1. 06:08:25 PM (00:10:53) HAVEN Regarding Emergency Housing and Domestic Violence (Coyle) 06:08:44 PM (00:11:12) Special Presentation Executive Director Erica Coyle presented on domestic violence in Bozeman and their efforts to support survivors. She provided a snapshot of services in 2019, trends in their services, and statewide trends in comparison to Gallatin County. She spoke to approaches to reverse trends in the community. 06:18:04 PM (00:20:32) Questions of Presenter Cr. Cunningham asked about the courts response to domestic violence and how to best inform judges about current research. He asked about HAVEN’s campaign to open a new facility. Cr. Pomeroy asked about occupancy at HAVEN’s current facility. She asked about the increase in affected minorities. She asked about the increase in services in different fiscal years. She asked about increased size of facility and how it meets the needs of the community. DM Andrus asked about changes at the federal or state level that would facilitate their services. She asked about funding for services. Mayor Mehl asked about Haven’s Support Line, 406.586.4111. He asked about other partners supporting HAVEN’s mission. 2. 06:33:43 PM (00:36:11) State of the City (Mehl) 06:34:59 PM (00:37:27) State of the City Mayor Mehl stated the state of the City is strong and that Bozeman is a dynamic growing city. He spoke of the importance of climate change, tax relief, and asked the question, “What kind of City should we be in five, ten, or twenty years?” He highlighted four major components that will allow Bozeman to control its future and the community can determine what kind of city we want to build for tomorrow: Inclusive growth, innovative collaboration, focus on data collection and present it to the public, and to actively seek community input. 11 Bozeman City Commission Meeting Minutes, January 27, 2020 Page 5 of 13 3. 06:59:09 PM (01:01:37) City Street Lighting Evaluation and Joint Presentation with Northwestern Energy (Gamradt) 06:59:40 PM (01:02:08) Joint Presentation Engineering Inspector Kellen Gamradt, Sustainability Program Manager Natalie Meyer, City Engineer Shawn Kohtz, Dane Sanders with Clanton & Associates, and Director of Community Connections Rick Edwards, Director of Project Management Blaine Nichols, and General Counsel Sarah Norcott with NorthWestern Energy presented the results of the City’s Street Light Evaluation. 07:49:40 PM (01:52:08) Questions of Presenters Cr. Pomeroy asked about NWE’s retrofit project of 500 utility owned streetlights and shielding additions. Cr. Wallner asked about the balance between street lighting and light intrusion. He asked about future technology to replace LEDs. DM Andrus asked about unidentified light ownership. She asked about the City owned lights’ ability to be dimmed and shielded. She asked about metered lighting. She asked about NWE regulatory issues to dimming utility owned lights. Cr. Cunningham asked about obstacles to light distribution patterns. Mayor Mehl asked about the balance between safety and reduced light levels. He asked about reporting and responsibility for repair for lighting. Cr. Pomeroy asked about the special situation of Willson Avenue light replacement. Mayor Mehl asked about the phasing out of high-pressured sodium lights. 08:16:36 PM (02:19:04) Public Comment Mayor Mehl opened this item for public comments. 08:16:54 PM (02:19:22) Emily Kelly, Public Comment Ms. Kelly commented regarding light trespass, specifically on Baxter Lane. She identified that there were no standards defined for roundabouts. 08:19:23 PM (02:21:51) Denny Staggs, Public Comment Mr. Staggs commented regarding how back light affected his residence at the intersection of Davis Street and Baxter Lane. He spoke to the effect of snow on lighting patterns and the effect of one-for-one light substitution in NorthWestern Energy’s project. He recommended fixing lights before adding lights. 08:22:46 PM (02:25:14) Staff Response to Public Comment Engineer Kohtz spoke to the timetable to respond to citizen complaints in a safe manner. He informed the Commission on the light standard’s direction of lighting within the right-of-way to address the comment on roundabouts. He spoke to the focus on residential areas adjacent to arterial and collector streets. 08:25:58 PM (02:28:26) Discussion 12 Bozeman City Commission Meeting Minutes, January 27, 2020 Page 6 of 13 DM Andrus spoke to the opportunity for upgrading to newer technology as part of the City’s retrofit. Cr. Pomeroy spoke to assisting citizens with issues related to light intrusion. Cr. Wallner spoke to prioritizing areas that have received citizen complaints. DM Andrus encouraged NorthWestern Energy to look into addressing regulatory barriers to cost adjustments for reduced energy usage sooner rather than later. Cr. Cunningham stated his concern of light intrusion and the unknown ownership of streetlights. He also agreed that addressing citizen complaints should be priority. He asked NWE to notify the City of its approach to the Public Service Commission to change the rate of streetlights. Mayor Mehl spoke to the balance of safety and neighborhood impacts. 08:32:40 PM (02:35:08) Staff Clarification ICM Taylor commented on the implementations of the new standards in new subdivisions and the increased difficulty and cost in addressing the older sections of town. 08:33:16 PM (02:35:44) Recess Mayor Mehl called a recess until 8.41. 08:43:07 PM (02:45:34) Call to Order Mayor Mehl called the meeting back to order. K. 08:43:09 PM (02:45:37) Action Items 1. 08:43:26 PM (02:45:53) Review and Update of the Strategic Plan and Goal Setting for Fiscal Year 2021 Budget (Taylor) 08:43:21 PM (02:45:49) Staff Presentation ICM Taylor Introduced the Strategic Plan and spoke to the progress of the process that began two and a half years ago. He highlighted completed projects from 2019. He presented the previous overarching themes, priorities, the focus for 2020, unresolved issues and emerging needs. Director Henderson presented the work plan smartsheet tool staff uses to prioritize and track progress on strategic planning items. 09:01:50 PM (03:04:18) Questions of Staff Cr. Wallner asked about the end date on the annexation analysis and study item. Mayor Mehl asked a follow up regarding policy creation and implementation. Cr. Wallner stated about collaborative governance as it relates to community outreach. He asked about the Historic Preservation Board training. He asked about broadband and fiber as an essential infrastructure and the option for putting additional budgetary considerations into this item. DM Andrus asked about Tier 2 items that were not completed and if they are still underway. Cr. Cunningham asked about Push Notifications. He asked about the public comment component of items to add items to the strategic plan. 13 Bozeman City Commission Meeting Minutes, January 27, 2020 Page 7 of 13 Cr. Pomeroy asked about the Gender Pay Equality Policy for vendors and suppliers. She asked about the project to increase transparency and access for City documents. Mayor Mehl asked about the status of Community Outreach’s communications plan. Cr. Pomeroy asked about coordination with the county as part of community outreach. Mayor Mehl asked about the Commission’s preference on public comments 09:31:00 PM (03:33:28) Danica Jameson, Public Comment Ms. Jameson stated that her number one priority would be to use the City’s climate action plan as a filter by which all other priorities within the City should be judged. 09:34:15 PM (03:36:43) Chris Nixon, Public Comment Mr. Nixon spoke on behalf of the Sacagawea Audubon Society and the Wetland Preservation Project Committee for the mitigation of wetlands within Bozeman. He asked that mitigation of wetlands be added to the list of priorities for the City. 09:38:12 PM (03:40:40) Lily Deford, Public Comment Ms. Deford spoke representing the Gallatin Watershed Council in support of reprioritization of wetland mitigation and keeping wetland mitigation efforts locally. 09:41:37 PM (03:44:05) Loreene Reid, Public Comment Ms. Reid spoke as the past President of the Sacagawea Audubon Society and a member of the WPP to the work accomplished by the community and asked that the City prioritize wetlands in Bozeman. 09:44:10 PM (03:46:38) Anne Ready, Public Comment Ms. Ready spoke to the importance of wetlands to the community. She spoke to the importance of wetlands in the face of climate change. 09:45:45 PM (03:48:13) Motion to approve the following 2020 Commission Priorities as the Strategic Plan priorities for 2020. Commissioner - Michael Wallner: Motion Deputy Mayor - Cynthia Andrus: 2nd 09:46:17 PM (03:48:45) Discussion Mayor Mehl asked about Tier 1 priorities keeping in mind the ICM’s comments on program complexity. Cr. Cunningham stated that he did not believe any of the top five priorities should drop off but offered that the Climate Action Plan be elevated as an addition to the top five priority list. He stated he did not think it would require additional staff time or new activity but would symbolically indicate to the community that it is a top priority and the lens through which they will do their future planning. 09:48:17 PM (03:50:45) Motion that the City’s Climate Action Plan be elevated from Tier 2 status to become an additional Tier 1 priority. 14 Bozeman City Commission Meeting Minutes, January 27, 2020 Page 8 of 13 Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd 09:48:22 PM (03:50:50) Discussion Cr. Pomeroy stated that climate change is already being worked on by the City and would not add additional workload. Cr. Wallner stated that steps need to be made at the local level. DM Andrus stated her support and that she like the idea as a filter to other City actions. Mayor Mehl stated he will support the motion. 09:52:10 PM (03:54:37) Vote on the Motion that the City’s Climate Action Plan be elevated from Tier 2 status to become an additional Tier 1 priority. The motion passed 5-0. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 09:52:59 PM (03:55:27) Motion for the Commission to consider property tax relief and tax fairness as a top tier action item. Commissioner - Terry Cunningham: Motion Commissioner - Michael Wallner: 2nd 09:53:16 PM (03:55:44) Discussion Cr. Cunningham stated that this is a recognition that this item will require legislative action. Cr. Wallner stated his intent to bring this item as a priority and will support. DM Andrus stated that she sees this as always being a priority for the Commission. She stated that she didn’t think putting it on the list would do anything more. Cr. Pomeroy agreed with the need to find other tools and will support. Mayor Mehl stated will support the motion and that it will require teamwork from elected officials. 09:58:18 PM (04:00:45) Staff Clarification ICM Taylor stated the desire to produce a white paper for future action. Director Henderson stated the need for clarity for projects within the work plan. He explained his understanding of the difference from themes and projects. 10:00:52 PM (04:03:20) Meeting Extended 15 Bozeman City Commission Meeting Minutes, January 27, 2020 Page 9 of 13 Mayor Mehl extended the meeting until 10:30 PM. 10:01:38 PM (04:04:05) Vote on the Motion for the Commission to consider property tax relief and tax fairness as a top tier action item. The motion passed 5-0. Commissioner - Terry Cunningham: Motion Commissioner - Michael Wallner: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:02:07 PM (04:04:34) Motion to prioritize the previously produced white paper on wetland mitigation as a Tier 2 priority. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd 10:02:44 PM (04:05:12) Discussion Cr. Cunningham spoke to avoid the absurd result of passing wetlands away from our community. Cr. Pomeroy stated the benefit of wetlands. Cr. Wallner asked a point of clarification as to Cr. Cunningham’s motion Cr. Cunningham clarified he intended to study changing the ordinance. DM Andrus asked clarification on the scope, time, and difficulty of the proposed project. She stated capacity and budget constraints make this project too big to take on at this time. Mayor Mehl asked if Cr. Cunningham had a desired timeframe. Cr. Cunningham clarified that he thought it may be one of the only tier two items and that his timeframe would the timeframe would be done in the next 12 months. 10:12:49 PM (04:15:17) Staff Clarification 10:15:20 PM (04:17:47) Discussion continued DM Andrus asked about the time required and whether it would take from other projects. 10:17:39 PM (04:20:06) Vote on the Motion to prioritize the previously produced white paper on wetland mitigation as a Tier 2 priority. The motion passed 5-0. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve 16 Bozeman City Commission Meeting Minutes, January 27, 2020 Page 10 of 13 Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:19:23 PM (04:21:50) Discussion Continued on Original Motion 10:22:21 PM (04:24:49) Vote on the Motion to approve the following 2020 Commission Priorities as the Strategic Plan priorities for 2020. Commissioner - Michael Wallner: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 2. 10:22:42 PM (04:25:09) Appointment of Mayor and Commissioners to Voting Board Positions and Assignment of Mayor and Commissioners to Act as Liaisons to City Citizen Advisory Boards (Maas) 10:23:07 PM (04:25:34) Discussion Mayor Mehl noted that the Audit Committee has two liaisons. He stated the Planning Board and Zoning Commission should be together as they share members and meet on the same night. He noted that the Criminal Justice Coordinating Council requires no action from the City and that the Bozeman Tourism Business Improvement District is now under the County’s jurisdiction. He stated the Planning Coordinating Committee liaison will be whomever is on the Planning Board. 10:24:09 PM (04:26:37) Staff Clarification CA Sullivan clarified that the Criminal Justice Coordinating Committee is not disbanded but that it rotates cities. 10:24:26 PM (04:26:54) Discussion Continued DM Andrus stated that the Planning Board and Zoning Commission should be rotated as separate appointments. Cr. Cunningham agreed that it was best to assign them separately. 10:28:26 PM (04:30:54) Meeting Extended Mayor Mehl extended the meeting to 10:40 PM. 10:28:27 PM (04:30:55) Discussion continued 17 Bozeman City Commission Meeting Minutes, January 27, 2020 Page 11 of 13 The Commissioners selected the following assignments: • Mayor Mehl: Planning Board, Downtown Urban Renewal Board, Midtown Urban Renewal Board, Audit Committee, Gallatin Local Water Quality District Board, Zoning Commission, and Recreation and Parks Advisory Board • DM Andrus: Parking Commission, Transportation Coordinating Committee, Galavan/Streamline Advisory Board, Design Review Board, Trails, Open Space, and Parks Committee, and Fire Code Board of Appeals • Cr. Pomeroy: City-County Board of Health, Inter-Neighborhood Council, Downtown Business Improvement District, Northeast Urban Renewal Board, and Bozeman Beautification Advisory Board • Cr. Cunningham: Community Affordable Housing Advisory Board, Climate Partners Working Group, Library Board of Trustees, Bozeman Area Bicycle Advisory Board, Impact Fee Advisory Committee, Cemetery Advisory Board, and Pedestrian and Traffic Safety Committee • Cr. Wallner: Economic Development Council, Historic Preservation Advisory Board, Audit Committee, Prospera Revolving Loan Fund Committee, Tree Advisory Board, and Building Board of Appeals 10:39:59 PM (04:42:27) Meeting Extended Mayor Mehl extended the meeting for 3 more minutes. 10:43:29 PM (04:45:57) Staff Clarification CA Sullivan clarified that the Mental Health Local Advisory Council has historically had a prosecutor assigned as the staff representative. 10:43:51 PM (04:46:19) Meeting Extended Mayor Mehl extended the meeting until 10:50 PM. 10:43:55 PM (04:46:23) Staff Clarification Continued CA Sullivan stated the role of the City in relation to the Mental Health Local Advisory Council to which Cr. Pomeroy withdrew her request for that liaison assignment. 10:45:42 PM (04:48:09) Motion to approve the assignment of the Mayor and Commissioners to the voting board and committee positions, to approve the assignment of the Mayor and Commissioners as liaisons to citizen advisory boards, councils, and committees or their designee as discussed. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Michael Wallner: 2nd 10:46:01 PM (04:48:29) Discussion DM Andrus asked that the Commission rethink how the boards are handled and how the City uses them to move the strategic plan. 18 Bozeman City Commission Meeting Minutes, January 27, 2020 Page 12 of 13 Cr. Wallner agreed with DM Andrus about rethinking the structure of community engagement and the role of the boards. Cr. Cunningham stated that the Commission should have a discussion about what the responsibility of the liaisons back to the Commission. 10:51:08 PM (04:53:36) Meeting Extended Mayor Mehl extended the meeting until 11 PM. 10:53:18 PM (04:55:46) Vote on the motion to approve the assignment of the Mayor and Commissioners to the voting board and committee positions, to approve the assignment of the Mayor and Commissioners as liaisons to citizen advisory boards, councils, and committees or their designee as discussed. The motion passed 5-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Michael Wallner: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve L. 10:53:32 PM (04:56:00) FYI / Discussion Mayor Mehl stated he would like to see staff investigate scheduling a meeting on the west side of town. M. 10:54:48 PM (04:57:15) Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: June 8, 2021 19 Bozeman City Commission Meeting Minutes, January 27, 2020 Page 13 of 13 20 Page 1 of 21 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, February 10, 2020 Mayor - Chris Mehl: Present Deputy Mayor - Cynthia Andrus: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Terry Cunningham: Present Commissioner - Michael Wallner: Present Staff present at the dais: Interim City Manager (ICM) Dennis Taylor, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A. 06:00:56 PM (00:09:19) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse B. 06:01:04 PM (00:09:28) Pledge of Allegiance and a Moment of Silence C. 06:01:48 PM (00:10:11) Changes to the Agenda D. 06:01:53 PM (00:10:17) Public Service Announcements 1. No City Commission Meeting on February 17, 2020 and Closure of City Offices in Observance of Presidents’ Day (Maas) E. 06:02:12 PM (00:10:35) FYI F. 06:02:46 PM (00:11:09) Commission Disclosures • DM Andrus disclosed that she lives in proximity to the area of Action Item 2, but that her decision will be based on the criteria. • Cr. Cunningham disclosed that he also lives in proximity to the area of Action Item 2. G. 06:03:43 PM (00:12:06) Consent 21 Bozeman City Commission Meeting Minutes, February 10, 2020 Page 2 of 21 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 2. Formal Cancellation of the February 17, 2020 City Commission Meeting (Maas) 3. Confirming the Change of Appointment as Liaison to the Pedestrian and Traffic Safety Advisory Board (Maas) 4. Ordinance 2038, Final Adoption of the Nahorniak Zone Map Amendment to Designate Approximately 1.1942 Acres as R-4, Residential High Density, at 5170 Durston Road, Application 19335 (Saunders) 5. Resolution 5149, Intent to Consider the Blackwood Groves Growth Policy Amendment to Amend Figure 3-1, the Future Land Use Map from Residential to Residential Emphasis Mixed Use on 119.45 acres on the East Side of 19th Avenue and West of Sacajawea Middle School and North and South of the Future Blackwood Road Alignment, Application 20021 (Saunders)  6. Authorize the Interim City Manager to Sign a Partnership Agreement Between the City of Bozeman and the Montana Manufacturing Extension Center (MMEC) for Manufacturing Sector Development (Fontenot) 7. Approve the Use of Water and Wastewater Impact Fee Credit Offsets for the Montana State University American Indian Hall Project and the Bobcat Athletic Complex Project Pursuant to Commission Resolution Number 4939 (Heaston) 8. Ratify the Grant Application Submittal and Authorize the Mayor to Sign the Certified Local Government Grant with the Montana State Historic Preservation Office for the 2020-2021 Certified Local Government Program (Gonzalez) 9. Authorize the Interim City Manager to Sign Amendment Number 2 of the Professional Services Agreement with HDR Engineering Inc. for the Davis Lane Lift Station and Norton Sewer Project (Murray) 06:03:39 PM (00:12:03) City Manager Introduction ICM TAYLOR presented the highlights of the Consent agenda. 06:03:47 PM (00:12:11) Public comment There were no public comments on the Consent agenda. 06:04:03 PM (00:12:27) Motion and Vote to approve Consent Items 1-9 as submitted. The motion passed 5-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 22 Bozeman City Commission Meeting Minutes, February 10, 2020 Page 3 of 21 Commissioner - Michael Wallner: Approve H. 06:04:22 PM (00:12:45) Public Comment Mayor Mehl opened general public comments. 06:05:15 PM (00:13:38) Ren Killian, Public Comment Mr. Killian commented to share the work of the Flowers of the Valley’s BYO Bag for change program, that they are working on zero waste initiative, and sponsoring film at the Emerson, The Story of Plastic on February 21 at 6 pm. He commented on the need to be leaders and models for other communities. 06:08:37 PM (00:17:00) Aaron Parker, Public Comment Mr. Parker commented as a new resident and business owner downtown on Downtown parking. His three restaurants have about 150 employees, and with the cost of living plus another burden on employees in addition to impact fees. He asked that the Commission look at burden further. 06:11:46 PM (00:20:09) Brian Leeland, Public Comment Mr. Leeland commented on parking, workforce parking for downtown, and that downtown development has not created workforce housing. He commented on the effect the proliferation of short-term rentals has had. He commented that the Commission has partially created the parking problem downtown while delegating the solution to the unelected Parking Commission. His opinion is that the City Commission should take the heat for those decisions and be intimately involved in district creation. He stated he would like to see a carrot approach by taking some of the downtown marketing money diverted to a loop shuttle from the fairgrounds first. He commented that any district should offer a free permit to anyone with off street parking served by a street curb cut. I. 06:15:40 PM (00:24:03) Mayoral Proclamation 1. 06:15:57 PM (00:24:21) Proclamation Celebrating the 100th Anniversary of the League of Women Voters of the United States (Mehl) J. 06:19:36 PM (00:27:59) Special Presentations 1. 06:20:16 PM (00:28:40) Community Health Partners (Cooney) CEO Lander Cooney presented the work of the Community Health Partners (CHP) and their services provided. She elaborated on their six locations, 2019 statistics, and what makes people healthy. She presented the discrepancy between what we spend on being healthy with what actually makes us healthy. 06:28:08 PM (00:36:32) Questions of Presenter Cr. Pomeroy asked about ratios of insured to uninsured clients and how CHP handles patients that cannot afford to pay. She asked about dental services provided. She asked about the difference in 23 Bozeman City Commission Meeting Minutes, February 10, 2020 Page 4 of 21 services between CHP and the County Health Department. Cr. Wallner asked about changes in grant funding. Cr. Cunningham asked about resource coordination efforts of CHP. DM Andrus offered her thanks. Mayor Mehl offered his thanks and spoke of her 2. 06:40:15 PM (00:48:38) Communications Plan (Mileur) Communications Coordinator Melody Mileur presented the approved Communications Plan as a staff guide. She outlined the six goals of plan and the procedures to achieve our goals. She highlighted Bozeman’s role as a leader in Montana. 06:53:51 PM (01:02:14) Questions of Staff Cr. Wallner asked about familiarity with “city clubs” or other progressive communication approaches. Cr. Cunningham asked how the Commission can help and support a Communications Plan and the Communications Coordinator’s office. He asked about the relationship with the County’s Communications officer. DM Andrus asked about specific measurements for goals and whether the plan has a defined timetable. She asked if the tracking is included in the Strategic Plan tracking. Cr. Pomeroy commented on the improvement of City communications since the creation of the Communications Coordinator position. Mayor Mehl commented on work of the Communications Coordinator. He expressed his interest in using communications to increase engagement and the use of measurement metrics 3. 07:09:28 PM (01:17:51) Bozeman Fire Department/MSU Student PSA Development (Waldo) Fire Chief Josh Waldo presented a series of public service announcements created with a partnership with Montana State University. Luccia Riccidelli 07:11:45 PM (01:20:08) Sam Overturf presented a PSA on Sprinkler safety 07:12:51 PM (01:21:15) Thomas McGuane presented a PSA on what to do in response to Emergency Response vehicles in traffic. 07:14:42 PM (01:23:05) EJ Hanson presented PSAs on emergency preparedness and smoke alarms. 07:16:30 PM (01:24:53) Kael Van Buskirk presented a PSA on cooking safety. 07:18:29 PM (01:26:53) Questions of presenters Cr. Cunningham asked about where these PSAs may appear. He commented on the talent pool available through partnerships with MSU and the availability of television airtime. DM Andrus appreciated the collaboration and partnership. She offered the suggestion of offering these PSAs to schools. Cr. Pomeroy asked about the plan to spread these PSAs. 24 Bozeman City Commission Meeting Minutes, February 10, 2020 Page 5 of 21 Cr. Wallner thanked the contributors for their efforts. Mayor Mehl offered his thanks to all partners involved in this collaboration. K. 07:22:58 PM (01:31:21) Action Items 1. Resolution 5126, Approving Certain Infrastructure Improvements in the Bozeman Midtown Urban Renewal District as an Urban Renewal Project, Making Findings with Respect Thereto and Approving the Issuance of Tax Increment Urban Renewal Revenue Bonds to Pay Costs Thereof; Preliminarily Authorizing the Issuance and Private Sale of Bonds and Authorizing the Process for Selecting a Purchaser Thereof (Public Hearing Continued from February 3, 2020) (Fine) 07:23:38 PM (01:32:02) Staff Presentation Urban Renewal Project Manager David Fine presented the Resolution and Public Hearing for Midtown Urban Renewal District (MURD) Projects. He provided a brief history on the MURD. He presented the goals of the Midtown Urban Renewal Plan, the Midtown Action Plan, and an outline of the four projects presented. 07:32:55 PM (01:41:18) Questions of Staff DM Andrus asked about housing impacts of these projects. She asked for clarification about the fiscal effects. She asked about any anticipated challenges. Cr. Pomeroy asked about the bond sale terms. Cr. Cunningham asked for clarity of the bond process as part of Tax Increment Financing (TIF). He asked about the selection process of TIF assistance requests. He asked about the strategy of the City purchasing land for development. Mayor Mehl asked about unresolved issues or public comment. He asked if the City has looked into combining projects to incentivize bidding. 07:45:24 PM (01:53:47) Public Comment There were no public comments on this item. 07:45:33 PM (01:53:57) Motion Having reviewed and considered the Commission Memorandum, public comment, and all information presented, I hereby adopt the findings presented in the Commission Memorandum and move to approve Resolution 5126. Deputy Mayor - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd 07:45:54 PM (01:54:17) Discussion DM Andrus highlighted the findings of the plan as reasons why she will support the motion. She stated that these improvements enhance our community. 25 Bozeman City Commission Meeting Minutes, February 10, 2020 Page 6 of 21 Cr. Pomeroy agreed with staff’s findings and highlighted the improvements increasing walkability and biking. Cr. Wallner echoed the previous statements and thanked staff for their work. Cr. Cunningham echoed the previous statements and thanked the Midtown Urban Renewal Board for their efforts. Thanked the Westlake family for their donation to facilitate the mixed use path. Mayor Mehl agreed with his colleagues. 07:52:10 PM (02:00:34) Vote on the Motion Having reviewed and considered the Commission Memorandum, public comment, and all information presented, I hereby adopt the findings presented in the Commission Memorandum and move to approve Resolution 5126. The motion passed 5-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 07:52:28 PM (02:00:52) Recess Mayor Mehl called a recess until 8 PM. 08:00:54 PM (02:09:18) Call to order Mayor Mehl called the meeting back to order 2. 08:01:04 PM (02:09:27) Allison Phase 4 Major Subdivision, South 11th Avenue and Arnold Street, Application 19002 (Quasi-Judicial) (Krueger) 08:01:18 PM (02:09:42) Staff Presentation Planner Brian Krueger presented the subdivision application. He highlighted the general vicinity, recent developments, neighboring zoning, and the subdivision layout. He addressed public comments received through the Planning Board. 08:20:02 PM (02:28:26) Questions of staff Cr. Pomeroy asked about why property values South of Kagy Blvd are not increasing. She asked about any commercial development near this subdivision. She asked about the Arnold St. neighborhood character. She asked about the use of cash in lieu funds in the neighborhood. Cr. Wallner asked about zoning requests in the application. He asked for Mr. Krueger’s professional opinion on up-zoning of this area. Cr. Cunningham asked about traffic improvements on Graf St. and S. 3rd Ave. He asked about any 26 Bozeman City Commission Meeting Minutes, February 10, 2020 Page 7 of 21 discussions with the school district regarding parent drop-off and pick-up as a result of the continuation of Arnold St. He asked about the accessibility of the recreation trail during construction. He asked about wetland credits purchased. He asked about infrastructure payback for previously constructed W. Graf St. and others. He asked about zoning height restrictions. He asked about watercourse setback for Figgins Creek and potential for future development. He asked about the connection of 7th Ave. DM Andrus asked for clarification on the restricted development parcels. She asked about the status of the trail along Figgins Creek. Mayor Mehl asked for clarification of a section of land east of the proposed subdivision. He asked about any zoning change requests. 08:37:56 PM (02:46:19) Applicant Presentation Chris Budeski with Madison Engineering representing the applicant. He highlighted the project positives, it is an infill project, the improvement of Arnold St., and the payback of construction completed on S. 11th Ave. He spoke to the potential of zoning changes. He explained the reason for the single lot on the south portion of this development. He spoke to the intent of creating the restricted development parcels. He stated his acceptance of the staff report and conditions of development. 08:42:51 PM (02:51:15) Questions of Applicant Cr. Pomeroy asked about affordable housing provided in this application. Cr. Cunningham asked for a clarification of affordable housing requirements. He asked about the gap between S. 11th Ave. and the western boundary of the proposed subdivision. He asked about the design decision making. DM Andrus asked about what the neighbors can expect for future development of the northeast boundary of the proposed development. She asked about the findings of the traffic study. 08:54:05 PM (03:02:28) Public Comment 08:54:18 PM (03:02:42) Kevin Aslin, Public Comment Mr. Aslin offered comment related to water flow of Figgins Creek into his backyard. He stated his disagreement with traffic study results. He offered comment about the 100 year flood plain and its relation to Figgins Creek. 08:57:49 PM (03:06:13) Response of Applicant Mr. Budeski offered clarification on the flood plain compared to floodway. 08:58:24 PM (03:06:48) Response of Staff Mr. Krueger offered response on the flood plain comment in regards to the lot in the southern portion of the development. Griffin Nielson, Engineer I, offered response on Cr. Cunningham’s question about 3rd and Graf St. 09:00:48 PM (03:09:12) 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 27 Bozeman City Commission Meeting Minutes, February 10, 2020 Page 8 of 21 application 19002 and move to approve the subdivision with conditions and subject to all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion Commissioner - Michael Wallner: 2nd 09:01:15 PM (03:09:38) Discussion Cr. Pomeroy highlighted staff findings with which she agreed. She highlighted the efficient land use identified by Mr. Budeski. Cr. Wallner stated his agreement with staff findings and noted his appreciation of zoning density and suggested increased density for future development. He noted current traffic issues may be resolved by future plans for Kagy Blvd. Cr. Cunningham agreed with staff findings and appreciated that Figgins Creek will not be subject to this development. He stated he that planned infrastructure developments anticipated growth in this area. DM Andrus stated her appreciation for the developer’s proposal and highlighted the improved access to Morning Star School. She looks forward to the future development proposals for the restricted parcels. Cr. Cunningham added his appreciation for cottage housing and smaller footprints in development. Mayor Mehl noted the question before the Commission and what questions are reserved for future action. He stated the need to be cognizant of the impacts of infill developments on existing neighbors. 09:13:59 PM (03:22:22) 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 19002 and move to approve the subdivision with conditions and subject to all applicable code provisions. The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Michael Wallner: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 3. 09:14:15 PM (03:22:38) Cottonwood Major Subdivision, South Cottonwood Road East of Loyal Garden Subdivision, Application 19401 (Quasi-Judicial) (Krueger) 09:14:24 PM (03:22:48) Staff Presentation Planner Krueger presented the application by highlighting the general area, the zoning request, the proposed plan, and a brief history of the property. He presented an overview of the land use and phase development. 28 Bozeman City Commission Meeting Minutes, February 10, 2020 Page 9 of 21 09:26:20 PM (03:34:43) Questions of Staff Cr. Wallner asked about zoning comparison with nearby properties to the west. He asked about plans to mitigate run off and pollution from the irrigation canal bordering the property to the south. Cr. Cunningham asked about offsite wetland mitigation. He asked about the development of half-streets in the proposed development. He asked for clarification on block length requirements and the proposed resolution of those requirements. He asked about the future of the proposed shared-use path. He asked about the applicability of affordable housing to the proposed development. DM Andrus asked about the previous agricultural use of the property. She asked clarification on wetlands on the property. Cr. Pomeroy asked about the lack of market rate home proposals. 09:39:38 PM (03:48:01) Applicant Presentation Patrick Boll presented the development and their decision process behind the proposal. 09:42:23 PM (03:50:46) Questions of Applicant Cr. Pomeroy asked about and groundwater levels. Mayor Mehl asked about any concerns of the staff report. 09:48:13 PM (03:56:36) Public Comment There was no public comment on this item. 09:48:30 PM (03:56:53) Motion Having reviewed and considered the parks master plan, I hereby adopt the findings presented in the staff report for application 19401 and move to approve the parks master plan for the Cottonwood Subdivision with conditions and subject to all applicable code provisions. Commissioner - Michael Wallner: Motion Commissioner - Terry Cunningham: 2nd 09:48:49 PM (03:57:13) Discussion Cr. Wallner agreed with staff’s findings and noted the importance of growth respecting existing agricultural and irrigation operations. Cr. Cunningham stated the parks plan is creative and something that could be built upon. DM Andrus stated her appreciation for the applicant’s description of development vision. Cr. Pomeroy expressed her support for high density development. Mayor Mehl agreed with staff’s finding. 09:52:12 PM (04:00:35) Vote on the Motion Having reviewed and considered the parks master plan, I hereby adopt the findings presented in the staff report for application 19401 and move to approve the parks master plan for the Cottonwood Subdivision with conditions and subject to all applicable code provisions. The motion passed 5-0. 29 Bozeman City Commission Meeting Minutes, February 10, 2020 Page 10 of 21 Commissioner - Michael Wallner: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 09:52:27 PM (04:00:50) 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 19401 and move to approve the subdivision with conditions and subject to all applicable code provisions. Commissioner - Michael Wallner: Motion Commissioner - Terry Cunningham: 2nd 09:52:51 PM (04:01:14) Discussion Cr. Wallner is encouraged by the green space. He stated he would have disagreed with this zoning if he was present on the Commission at that time. He wondered if we are building neighborhoods on the west side of town or merely a series dense developments. Cr. Cunningham agreed with staff findings in the staff report and the zoning criteria. He stated his desire to see the City adopt closer mitigation of wetlands. He stated that this development and the earlier development include nearly 75 acres and only provide 4 affordable housing units. He highlighted the suggestion of including rentals in affordable housing requirements. 09:57:56 PM (04:06:19) Meeting extended Mayor Mehl extended the meeting until 10:30 PM 09:58:01 PM (04:06:24) Discussion continued DM Andrus stated her hope to see a variety of housing types. She stated this project is included in the Triangle Plan and the Commission should be considering those aspects. Cr. Pomeroy agreed with Cr. Cunningham should include affordable rentals. Mayor Mehl clarified the previous zoning decision process and it’s relation to a larger view of the development area. He stated the development includes an increase of housing volume. 10:03:03 PM (04:11:27) 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 19401 and move to approve the subdivision with conditions and subject to all applicable code provisions. The motion passed 5-0. 30 Bozeman City Commission Meeting Minutes, February 10, 2020 Page 11 of 21 Commissioner - Michael Wallner: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 4. 10:03:20 PM (04:11:44) Review and Comment on the Triangle Community Plan Prepared by the Planning Coordinating Committee in Preparation for Review and Possible Action by the City of Bozeman, Gallatin County, and City of Belgrade (Saunders) 10:03:44 PM (04:12:08) Staff Presentation Community Development Manager Chris Saunders presented the Planning Coordinating Committee’s (PCC) Triangle Plan (Plan). He outline how the PCC functions and its limitations. 10:08:05 PM (04:16:28) ICM Taylor outlined the beginning of the tri-jurisdictional work and similar multi-jurisdictional experiences. 10:10:02 PM (04:18:25) Discussion Cr. Cunningham asked about what the problem this plan was attempting to solve at its inception. Mayor Mehl clarified the process of the Triangle Plan. Cr. Cunningham asked about wastewater treatment on a regional basis and opportunities for such. Cr. Pomeroy asked about water availability with predicted growth rates for Gallatin County. She asked about the plan’s view on impacting wetlands and flood plain construction. Cr. Wallner asked about the inclusion of mass transportation as part of the Triangle Plan in response to growth. He asked about sprawl limitations. 10:28:00 PM (04:36:24) Meeting extended Mayor Mehl extended the meeting until 11 PM. 10:28:09 PM (04:36:32) Discussion continued Cr. Wallner asked about taxable values as development is pushed to the downtown areas. Cr. Pomeroy asked about the plan’s approach to public transportation. She asked about fire protection jurisdictions. Mayor Mehl asked Laura Waterton to comment. 10:31:24 PM (04:39:47) Clarification Laura Waterton from the PCC provided a history of the Triangle Plan and process that led to its creation. 31 Bozeman City Commission Meeting Minutes, February 10, 2020 Page 12 of 21 10:34:48 PM (04:43:12) Questions of Staff continued Mayor Mehl asked how other jurisdictions will use this plan in comparison to how the City will use this plan. He asked about the use of the PCC as a model for a Metropolitan Planning Organization (MPO). 10:38:44 PM (04:47:07) Public Comment Mayor Mehl opened this item for public comment. 10:38:48 PM (04:47:12) Sunshine Ross, Public Comment Sunshine Ross offered public comment regarding public transit’s place within the plan. She listed benefits as PCC members invest in public transportation. She stated that sustainable public transit can limit congestion and provide better access. 10:41:19 PM (04:49:43) Discussion Mayor Mehl recommended the inclusion of the Planning Board’s recommendations followed by any Commission recommendations. 10:41:57 PM (04:50:21) Motion to modify the recommendation of the Bozeman Planning Board’s suggestion 2, the addition of a bullet point under 3.2 Guiding Values, substituting “resilience and sustainability.” Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd 10:42:35 PM (04:50:59) Discussion Cr. Cunningham stated that the reason is because community resilience and to build a sustainable future are identified by the City as top priorities. He stated this change would avoid political or semantic trigger words. DM Andrus stated she would go a step further and modify the bullet point to read “climate solutions” because words matter. 10:44:23 PM (04:52:47) Vote on the Motion to modify the recommendation of the Bozeman Planning Board’s suggestion 2, the addition of a bullet point under 3.2 Guiding Values, substituting “resilience and sustainability.” The motion passed 4-1. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Disapprove Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 32 Bozeman City Commission Meeting Minutes, February 10, 2020 Page 13 of 21 10:44:50 PM (04:53:13) Motion to amend Section 4.4 to add an additional policy under the first goal, inserting “participate in one another’s affordable housing planning needs assessment and action planning processes.” Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd 10:45:25 PM (04:53:49) Discussion Cr. Cunningham stated this was something the City faced when attempting to get the County to participate in the City’s processes. He stated it was important to think of affordable housing regionally. Mayor Mehl stated that he supported the motive of this motion but would prefer that it was located in the section that deals with future coordination because neither the County nor Belgrade have an affordable housing process. 10:47:53 PM (04:56:17) Vote on the motion to amend Section 4.4 to add an additional policy under the first goal, inserting “participate in one another’s affordable housing planning needs assessment and action planning processes.” The motion passed 4-1. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Disapprove 10:48:09 PM (04:56:33) Motion to amend Section 4.4 to add an additional policy under the first goal, inserting “evaluate current land holdings of each partner to determine if land can be used for affordable housing projects or employee housing, and encourage area institutional land holders to do so as well.” Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd 10:48:29 PM (04:56:53) Discussion Cr. Cunningham stated that the City has identified this as a priority, has spoken to the County during its planning process and this action would formalize that effort. DM Andrus agreed that it has been an ongoing discussion and would help for more discussion. Mayor Mehl stated that the other two partners in the Triangle Plan expressed no interest in this item and he did not want to jeopardize the accomplishment of the Triangle Plan by adding Bozeman specific language in a tri-lateral plan. Cr. Wallner agreed with the Mayor that collaborative governance requires a give and take. He stated he wanted to avoid amending the Triangle Plan to the extent that it would push the other partners away 33 Bozeman City Commission Meeting Minutes, February 10, 2020 Page 14 of 21 from the table. DM Andrus stated that the Commission as a body has not had an opportunity to weigh in on the Plan. She stated they have ideas that should be put forward and discussed, allowing the other partners to decide whether to adopt or modify them. 10:52:04 PM (05:00:27) Vote on the Motion to amend Section 4.4 to add an additional policy under the first goal, inserting “evaluate current land holdings of each partner to determine if land can be used for affordable housing projects or employee housing, and encourage area institutional land holders to do so as well.” The motion passed 3-2. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Disapprove Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Disapprove 10:52:24 PM (05:00:48) Motion to amend policy 4.12.3 to read “Avoid impacts to wetlands and when wetland disturbance in unavoidable, encourage mitigation efforts that take place within the Gallatin watershed.” Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd 10:52:48 PM (05:01:12) Discussion Cr. Cunningham stated his change would establish a preference. Mayor Mehl stated he would support the motion because it says “encourage” given that the City is considering requiring this same behavior. 10:55:09 PM (05:03:32) Vote on the Motion to amend Policy 4.12.3 to read “Avoid impacts to wetlands and when wetland disturbance in unavoidable, encourage mitigation efforts that take place within the Gallatin watershed.” The motion passed 5-0. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 34 Bozeman City Commission Meeting Minutes, February 10, 2020 Page 15 of 21 10:55:34 PM (05:03:57) DM Andrus moved to change the name of the Plan to the “Triangle Communities Plan.” The motion failed for no second. 10:56:52 PM (05:05:15) Motion and Vote to amend Section 3.2 Guiding Values to alphabetize the list. The motion passed 5-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:57:45 PM (05:06:09) Meeting extended Mayor Mehl extended the meeting to 11:15 PM. 10:58:05 PM (05:06:29) Motion to amend Section 3.3, inserting an additional bullet point under the Agriculture heading stating “encourage innovative and creative thinking around agriculture production and practices as it relates to climate solutions.” Deputy Mayor - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd 10:58:33 PM (05:06:57) Discussion DM Andrus stated that she is trying to look at this whole Plan through the lens of climate, climate sustainability, and climate action. Cr. Pomeroy agreed with DM Andrus about being creative with agricultural land use. Mayor Mehl asked for clarification on the motion in relation to the Planning Board’s suggestion regarding agriculture. 10:59:58 PM (05:08:22) Staff Clarification Manager Saunders asked DM Andrus about her motion, stating that the location she referenced is a listing of currently adopted plans. He suggested that the better location for the addition sought would be under policy 4.2.7. 11:00:58 PM (05:09:22) Motion withdrawn DM Andrus withdrew her motion. 11:01:18 PM (05:09:41) Motion to amend Section 3.3 under the heading Housing, modifying the second paragraph to strike “at affordable prices, while doing so” and replace it with “across all spectrum of the 35 Bozeman City Commission Meeting Minutes, February 10, 2020 Page 16 of 21 housing continuum.” Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd 11:02:46 PM (05:11:10) Discussion 11:03:38 PM (05:12:02) Vote on the Motion to amend Section 3.3 under the heading Housing, modifying the second paragraph to strike “at affordable prices, while doing so” and replace it with “across all spectrum of the housing continuum.” The motion passed 5-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 11:03:48 PM (05:12:12) Motion to amend Policy 4.2.1 to read “Protect existing agricultural land by encouraging new thinking and practices that support compatible and appropriate agricultural activities in the Triangle Plan area.” Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd 11:04:26 PM (05:12:50) Discussion DM Andrus stated that while continuing to retain and appreciate our agricultural heritage we have to start thinking differently about agriculture in the face of climate change. She stated this amendment starts us thinking about how we do it differently. Mayor Mehl asked how local government going to encourage this and whether the Deputy Mayor would accept this as a new policy point instead of altering a County authored policy. Cr. Wallner stated that he thought it would be problematic to push innovation on rural ranchers and farmers and would not be supporting the motion. 11:08:15 PM (05:16:39) Friendly amendment Mayor Mehl asked if the Deputy Mayor and the second would be agreeable to his friendly amendment that this item be made as an additional policy item instead of amending the County authored policy. 11:08:33 PM (05:16:57) Vote on the Motion to add a new policy item under Section 4.2 that states “Protect existing agricultural land by encouraging new thinking and practices that support compatible and appropriate agricultural activities in the Triangle Plan area.” The motion passed 4-1. 36 Bozeman City Commission Meeting Minutes, February 10, 2020 Page 17 of 21 Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Disapprove 11:09:09 PM (05:17:33) Motion to amend Policy 4.4.2 to read “Consider mechanisms that support the creation and operation of affordable housing units.” Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd 11:09:31 PM (05:17:55) Discussion DM Andrus stated that if affordable housing units should be thought of in a manner that is sustainable and to think of operational costs being affordable. Cr. Cunningham stated that he was supporting this item because operation indicates a potential for permanency of affordability. Mayor Mehl stated that the County modified the Plan to make it clear that they were not providing affordable housing. 11:12:32 PM (05:20:56) Friendly amendment DM Andrus and Cr. Cunningham accepted the friendly amendment to substitute “operationally efficient” for “operation” in the original motion. 11:12:49 PM (05:21:13) Vote on the Motion to amend Policy 4.4.2 to read “Consider mechanisms that support the creation and operationally efficient of affordable housing units.” The motion passed 5-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 11:13:04 PM (05:21:28) Motion to amend the first goal of Section 4.7 – Transportation to read “Provide an efficient and equitable transportation system for all users” Deputy Mayor - Cynthia Andrus: Motion 37 Bozeman City Commission Meeting Minutes, February 10, 2020 Page 18 of 21 Commissioner - Michael Wallner: 2nd 11:13:34 PM (05:21:58) Discussion DM Andrus stated this motion was to get us away from thinking of just cars and transportation more holistically. 11:14:13 PM (05:22:37) Meeting extended Mayor Mehl extended the meeting until 1 AM. 11:14:18 PM (05:22:42) Discussion continued Cr. Wallner stated he hoped this amendment would not be a deal breaker for the County. Mayor Mehl asked how to define “equitable” in the Deputy Mayor’s motion. DM Andrus clarified that he motion was intended to make thinking of the transportation system beyond cars, including bicycles, mass transportation, or future autonomous vehicles. 11:16:34 PM (05:24:58) Motion withdrawn and reoffered substituting “multi-modal” for “equitable” Deputy Mayor - Cynthia Andrus: Motion Commissioner - Michael Wallner: 2nd 11:17:13 PM (05:25:37) Vote on the Motion to amend the first goal of Section 4.7 – Transportation to read “Provide an efficient and multi-modal transportation system for all users.” The motion passed 5-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Michael Wallner: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 11:17:57 PM (05:26:20) Motion to amend the first goal of Section 4.11 – Water Resources adding a third policy 4.11.3, “Water conservation – support policies that include water conservation initiatives.” Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd 11:18:44 PM (05:27:08) Discussion DM Andrus stated that the first word of the goal is “conserve” and she wanted to explicitly include conservation. Cr. Wallner asked for clarification in the difference in the Deputy Mayor’s motion and the existing Policy 4.11.2. 38 Bozeman City Commission Meeting Minutes, February 10, 2020 Page 19 of 21 Mayor Mehl stated that the Deputy Mayor’s amendment may be included in Policy 4.11.2. Cr. Wallner asked the Deputy Mayor if she would reconsider her motion to combine it with Policy 4.11.2. DM Andrus declined Cr. Wallner’s request. 11:20:35 PM (05:28:58) Vote on the Motion to amend the first goal of Section 4.11 – Water Resources adding a third policy 4.11.3, “Water conservation – support policies that include water conservation initiatives.” The motion passed 4-1. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Disapprove 11:20:58 PM (05:29:22) Motion to amend the goal for Section 4.14 – Hazards to read “Support climate resiliency strategies to reduce climate hazards.” Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd 11:21:28 PM (05:29:52) Discussion DM Andrus stated that the City has a climate resiliency strategy that they would be willing to share and that her motion more accurately reflects what the goal of these policies should be directed towards. Cr. Cunningham stated that the motion expands the goal, but is uncertain if the policies support it. Cr. Wallner asked the Deputy Mayor if she were the County how she would see implementation move forward. DM Andrus declined to speculate how the County would interpret her new goal. She responded to Cr. Cunningham’s concern by outlining an additional amendment she will offer to strengthen the policies to support of her new goal. Mayor Mehl stated his concern over amendments that are contradictory in his view of the earlier amendment modifying the guiding values. He stated his concern that this amendment may jeopardize the whole Plan and therefore would not be supporting the motion. 11:24:53 PM (05:33:17) Vote on the Motion to amend the goal for Section 4.14 – Hazards to read “Support climate resiliency strategies to reduce climate hazards.” The motion passed 3-2. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Disapprove 39 Bozeman City Commission Meeting Minutes, February 10, 2020 Page 20 of 21 Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Disapprove 11:28:24 PM (05:36:47) Motion to amend the Plan adding a section on broadband. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd 11:29:36 PM (05:38:00) Discussion DM Andrus stated that broadband is an essential infrastructure. Cr. Cunningham agreed with the Deputy Mayor that broadband is essential infrastructure. Cr. Wallner asked for clarification on where the Deputy Mayor would add this section to the Plan. Mayor Mehl referred to the map and stated that 95% or more of the Triangle area is not in the City, that there is not zoning, let along standards of development or conduit. He stated this ask was far beyond the County’s current abilities. Cr. Wallner stated that he is a supporter of rural broadband, but pointed to the status of Bozeman Fiber in the City. 11:34:32 PM (05:42:55) Vote on the Motion to amend the Plan adding a section on broadband. The motion failed to pass 2-3. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Disapprove Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Disapprove L. 11:34:48 PM (05:43:12)FYI/Discussion M. 11:48:51 PM (05:57:15) Adjournment ___________________________________ Cynthia L. Andrus Mayor 40 Bozeman City Commission Meeting Minutes, February 10, 2020 Page 21 of 21 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: June 8, 2021 41 Bozeman City Commission Meeting Minutes, May 4, 2021 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, May 4, 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) 00:03:49 Call to Order - 6:00 PM - WebEx Video Conference B) 00:06:44 Pledge of Allegiance and a Moment of Silence C) 00:07:21 Changes to the Agenda • There were no changes to the agenda. D) 00:07:31 FYI • Mayor Andrus memorialized Pierre Martineau. • CM Mihelich reminded residents of the informational meeting on the Sourdough Fuels Reduction project on Thursday, May 6, at 5:30 PM. E) 00:09:39 Commission Disclosures • Cr. Pomeroy disclosed her communications with Downtown Partnership Executive Director related to Action Item 3. • Cr. Madgic disclosed her communications with Downtown Partnership. F) 00:11:16 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the Mayor to Sign a Findings of Fact for the Bozeman Gateway PUD Major Modification, Application 20051 20051_CCReport_FOF.pdf F.3 Authorize the Mayor to Sign a Findings of Fact and Order for the South University District Phase 3 Amended Preliminary Plat and Subdivision Variance Creating 10 Lots on Approximately 75 acres, located at the South East Corner of the Intersection of Kagy Blvd and S. 19th Avenue, Application 21066 42 Bozeman City Commission Meeting Minutes, May 4, 2021 Page 2 of 9 21066 Findings of Fact and Order.docx F.4 Authorize the City Manager to Sign a Release and Reconveyance of Easements Releasing a 20-foot Utility Easement (Document No. 2430051) to Cottonwood Project LLC for the Cottonwood Subdivision (20186) Release and Reconveyance of Easements F.5 Authorize the City Manager to sign a Release and Reconveyance of Easements releasing a 20-foot utility easement (Document No. 2430051) to Major Brands Distributing Co, Inc. for the Cottonwood Subdivision (20186) Release and Reconveyance of Easements F.6 Authorize the City Manager to Sign a Cash-in-lieu of Parkland Grant Agreement with Gallatin Valley BMX for Westlake Park Grant Agreement - GVBMX - FINAL.docx 2020 Westlake Park CILP application.pdf F.7 Authorize the City Manager to Sign a Grant Agreement for a Midtown TIF Assistance Program Grant for Aspen Professional Building (a.k.a. The Zambon Building) at N. 5th Ave. and Tamarack St. Midtown TIF assistance grant agreement-Zambon Building 4-27-2021.docx F.8 Authorize the City Manager to Sign a Professional Services Agreement with Hydro Logistics Irrigation for Irrigation System Start-up, Winterization, and Maintenance Services Irrigation Maintenance PSA Scope of Services F.9 Authorize the City Manager to Sign a Professional Services Agreement with Treasure State, Inc. for Services to Design and Construct the Bogert Park Court Renovation Project Attachment A RFP Bogert Park Court Renovation (final).pdf Attachment B Treasure State Bogert Park Court Design-Build Proposal.pdf PSA Treasure State Inc.pdf F.10 Authorize the City Manager to Sign a Professional Service Agreement with Granite Peak Hardscape and Landscape for Landscape Service at City Properties Professional Services Agreement - Granite Peaks Hardscape and Landscape - Landscape Services PSA Exhibit A Scope of Work - Granite Peak Hardscape and Landscape - Landscaping Services 4-22-21 F.11 Resolution 5294, Adopting Direction Given by the Commission for the November 2021 Election Resolution 5294 Commission Direction for November Election.docx F.12 Resolution 5302, Intent to Call a Public Hearing to Approve a Project in the Bozeman Midtown Urban Renewal District as an Urban Renewal Project and Using Tax Increment Revenues or Tax Increment Revenue Bonds to Pay, Reimburse, or Finance Eligible Costs of Such Project Resolution of Intention.v2.docx F.13 Ordinance 2075, Provisional Adoption to Rezone 6.99 Acres from R-O, Residential Office District to R-5, Residential Mixed-Use High Density District, Application 20389 Ordinance 2075 Nexus Point 2021 ZMA No 20389.docx NexusPoint2021ZMAExhibit041621.pdf 00:11:19 City Manager Introduction 43 Bozeman City Commission Meeting Minutes, May 4, 2021 Page 3 of 9 CM Mihelich provided the highlights of the consent agendas. 00:12:40 Public Comment There were no public comments on Consent and Consent II. 00:16:00 Motion to approve Consent Items 1 -13 as submitted. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:16:11 Vote on the Motion to approve Consent Items 1 -13 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:16:18 Consent II: Items Acted Upon Without Prior Unanimous Approval G.1 Ordinance 2069, Final Adoption of Buffalo Run Annexation Zone Map Amendment, for 20.79 Acres Located at 5400 Fowler Lane, and Establishing an Initial Zoning Designation of R-4, Residential High Density District, Application 21076 21076 Buffalo Run ZMA ord 2069.docx Initial Zoning Map 02-23-2021.pdf 00:16:29 Motion to approve G) Consent II: Items Acted Upon Without Prior Unanimous Approval Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:16:40 Vote on the Motion to approve G) Consent II: Items Acted Upon Without Prior Unanimous Approval. The Motion carried 4 – 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: Jennifer Madgic H) 00:16:47 Public Comment There were no general public comments. 44 Bozeman City Commission Meeting Minutes, May 4, 2021 Page 4 of 9 I) 00:20:22 Special Presentation I.1 00:20:57 Third Quarter Financial Report FY21 QTR 3 Report.pdf Finance Director Kristin Donald presented all funds expenditures, all funds revenues, General Fund expenditures, General Fund revenue, Special Revenue Building Inspection revenue, Special Revenue Community Development revenue, Impact Fees revenue and expenditures, Enterprise Funds expenditures and revenue, the COVID impacts, and where to find the report on the City's website. J) 00:28:34 Action Items J.1 00:29:06 NorthWestern Energy Glen Lake 2021 Zone Map Amendment to Amend the Zoning Map on 5.46 Acres From Public Lands and Institutions PLI to Light Manufacturing M-1 Located on the West Side of the Northernmost Extent of North Rouse Avenue North of Griffin Drive, Application 21011 21011 CC ZMA_staff_report - Glen Lake ZMA.pdf Floodplain Compliance Memo_041421.pdf 00:28:53 Staff Presentation Community Development Manager Chris Saunders entered the staff report and attachments, application materials, packet materials into the record and presented the Zone Map Amendment (ZMA) as part of the agreed land swap with the City. Manager Saunders presented the background of the land swap, the location of the road access for Glen Lake Park off of Manley Road, the subject parcel, the Future Land Use Map of the parcel, the existing zoning, the requested change, the correlated zoning with FLUM use categories, the Zoning Criteria of Evaluation, and the recommendations of staff and the Zoning Commission. 00:36:02 Questions of Staff 01:05:31 Applicant Presentation Danielle Scharf from Sanderson Stewart and Patrick Patterson from NorthWestern Energy presented for the application. Mr. Patterson presented background on their location on Griffin Drive and the background of the land exchange with the City. Ms. Scharf presented the subject properties with the proposed NWE storage yard and public access road to Glen Lake Rotary Park, and additional access to additional properties. She presented the land exchange agreement timeline and the remaining pending approvals and contingencies to the exchange agreement. She presented the ZMA criteria. 01:17:26 Questions of Applicant 01:23:36 Public Comment Mayor Andrus opened this item for public comment. 01:25:52 Ted Campbell, Public Comment Ted Campbell commented representing Bozeman Sunrise Rotary Club regarding the cooperation of the Parks & Recreation Department on the Master Plan for Glen Lake Rotary Park and the addition of NWE's efforts in creating the southern access. 01:29:49 Motion Having reviewed and considered the staff report, application materials, recommendation of the Zoning Commission, public comment, and all information presented, I hereby 45 Bozeman City Commission Meeting Minutes, May 4, 2021 Page 5 of 9 adopt the findings presented in the staff report for application 21011 and move to approve the NorthWestern Energy Glen Lake 2021 Zone Map Amendment with contingencies required to complete the application processing. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:30:27 Discussion Cr. Pomeroy agreed with staff's findings and will support the motion. DM Cunningham agreed with staff's findings and will support the motion. He noted the need to be sensitive to the neighbors. Cr. Madgic posed the question of what discretion staff has related to site plan review in response to the questions she raised previously. She stated her concerns to adjust the zoning without the ability to place conditions on future development. She expressed her concerns for the neighboring residents, but will support the motion. Cr. Coburn agreed with colleagues’ previous comments and the staff findings. He stated concerns for harmful industrial uses in low-income residential areas. He will support the motion. He identified potential gaps in noticing procedures. Mayor Andrus 01:45:33 Vote on the Motion Having reviewed and considered the staff report, application materials, recommendation of the Zoning Commission, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21011 and move to approve the NorthWestern Energy Glen Lake 2021 Zone Map Amendment with contingencies required to complete the application processing. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J.2 01:45:47 The Four Points Zone Map Amendment Application to Rezone Two Existing Parcels from R-4 (Residential High Density) to R-5 (Residential Mixed-use High Density) on 36.117 acres, Application 21005 Staff report CC - Four Points ZMA No. 21005.docx Form A1 - Development Review Application 01-06-21.pdf ZMA Application Narrative 01-06-21.pdf Four Points ZMA Exhibit 01-12-21.pdf Plat 475_2.TIF 01:46:02 Staff Presentation Senior Planner Tom Rogers presented the Four Points ZMA. He presented the application subject area, the area context, the FLUM designation of the area, the correlated zoning, the area existing zoning, 46 Bozeman City Commission Meeting Minutes, May 4, 2021 Page 6 of 9 current area land use, the different intent between R-4 and R-5 zoning, the Zoning Criteria of Evaluation, the public comments received, and the recommendation of staff and the Zoning Commission. 01:54:28 Questions of Staff 02:08:54 Applicant Presentation Chris Budeski from Madison Engineering presented on behalf of the applicant. He presented the approved preliminary plat, the requested changes of the subject property, the adjacent property developments, the wetlands on the property, and the potential for mixed use designation on the properties. He presented the Zoning Commission unanimous recommendation for the request. He responded to questions posed to staff. 02:15:30 Questions of Applicant 02:18:49 Public Comment There were no public comments on this item. 02:22:02 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 21005 and move to approve the Four Points 2021 Zone Map Amendment, with contingencies required to complete the application processing. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:22:13 Discussion DM Cunningham agreed with staff findings and will support the motion. Cr. Madgic agreed with DM Cunningham and will support the motion. Cr. Coburn agreed with previous statements, staff findings, and will support the motion. Cr. Pomeroy agreed with previous statements and will support the motion. Mayor Andrus joined her colleagues and will support the motion. 02:31:50 Vote on the 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 21005 and move to approve the Four Points 2021 Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:32:08 Recess 47 Bozeman City Commission Meeting Minutes, May 4, 2021 Page 7 of 9 Mayor Andrus called the meeting into recess. 02:32:08 Call to Order Mayor Andrus called the meeting back to order. J.3 02:32:56 T-Mobile Osborne Building Cell Site Conditional Use Permit to Allow a Height Encroachment of 3’ in the B-3 District, Application 21055 (Quasi-judicial) 21055 T-Mobile Osborne Bldg. Cell Site SR.pdf 02:33:02 Staff Presentation Assistant Planner Jacob Miller presented the application, entered the staff report, public comment, and findings into the record. He clarified an error in the staff report that the height limit in the B-3 downtown core is 55 feet. He presented the general vicinity, the reason for a Conditional Use Permit, the elevation of the proposal, the rooftop layout of the proposal, an existing photo and a simulated photo of the building from the east side, the public comment received, and the recommendation of staff. 02:37:58 Questions of Staff 02:45:34 Item Adjourned Due to inconsistencies with noticing materials and the application's subject requirements, this item was adjourned until a future date after corrected noticing. K) 02:46:13 Work Session K.1 Metropolitan Planning Organization Formation Work Session MPO White Paper.pdf Addendum A 2017_FHWA Report - MPO Staffing and Organizational Structures.pdf Addendum B 2019 Bozeman Area Labor Report.pdf 02:46:19 Staff Presentation CM Mihelich and Assistant City Attorney Kelley Rischke presented the goals for the work session, outlined the group that collaborated on the work session, and explanation of an Metropolitan Planning Organization (MPO) and its funding, the MPO federally required functions, an outline of policy and planning of an MPO, who makes up an MPO, a typical structure, current organizations that already exist to further the considerations of an MPO, who houses an MPO, MPO staffing, and potential next steps. 03:02:02 Questions of Staff 03:30:22 Public Comment Mayor Andrus opened this item for public comments. 03:32:25 Ralph Zimmer, Public Comment Ralph Zimmer commented as a member of PTSC and TCC, but spoke on his own behalf. He commented on the history of transportation planning in the Bozeman area. 03:37:12 Sunshine Ross, Public Comment Sunshine Ross, HRDC Transportation Director, commented 48 Bozeman City Commission Meeting Minutes, May 4, 2021 Page 8 of 9 03:40:42 Sean O'Callaghan, Public Comment Sean O'Callaghan, Chief Planning Officer for Gallatin County, commented that the County is standing by eager to start. 03:43:00 Discussion and Direction to Staff L) 03:47:11 Appointments L.1 03:47:13 Appointment to the Downtown Area Urban Renewal District Board (DURB) 03-22-21 CAB Application - K. Cowles, new applicant.pdf 03-23-21 CAB Application - D. Weber, new applicant.pdf 04-02-21 CAB Application - N. Wickes, new applicant.pdf 04-06-21 CAB Application - G. Kachadurian, new applicant.pdf 04-07-21 CAB Application - B. Lupher, new applicant.pdf 03:47:15 Public Comment Mayor Andrus opened this item for public comments. There were no public comments. 03:49:31 Motion I move to appoint one member, Nicholas Wickes, to the Downtown Area Urban Renewal District Board, Non-voting Position, with a term ending June 30, 2022. Jennifer Madgic: Motion Christopher Coburn: 2nd 03:50:25 Vote on the Motion I move to appoint one member, Nicholas Wickes, to the Downtown Area Urban Renewal District Board, Non-voting Position, with a term ending June 30, 2022. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None M) 03:50:31 FYI / Discussion • DM Cunningham offered congratulations to everyone that stepped up to serve and looks forward to working with the members of the school board. He noted it appeared both levies have passed. • Cr. Pomeroy noted the Board of Health meeting Wednesday morning. N) 03:51:48 Adjournment 49 Bozeman City Commission Meeting Minutes, May 4, 2021 Page 9 of 9 ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: June 8, 2021 50 Bozeman City Commission Meeting Minutes, May 11, 2021 Page 1 of 11 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES May 11, 2021 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None A) 00:03:01 Call to Order - 6:00 PM - Via WebEx B) 00:03:09 Pledge of Allegiance and a Moment of Silence C) 00:03:42 Changes to the Agenda There were no changes to the agenda. E) 00:03:56 FYI • DM Cunningham noted a CAHAB meeting on May 12. • Cr. Coburn congratulated One Valley on their fundraising event for nonprofits in the community and thank you to those who donated. • Mayor Andrus noted the Parking Commission and the Recreation Parks Board meetings on May 13. • CM Mihelich noted the challenges with the pool hours and staffing. He highlighted the grant application the City has submitted for a new rainbow crosswalk. He noted the continuous work on equity and engagement, including a survey on the City website. F) 00:10:13 Commission Disclosures There were no commission disclosures. G) 00:10:24 Approval of Minutes G.1 00:10:23 Approve the Regular Meeting Minutes from: April 13, 2021 April 20, 2021 April 27, 2021 04-13-21 DRAFT MINUTES City Commission Meeting of Bozeman, Montana.docx 04-20-21 DRAFT MINUTES City Commission Meeting of Bozeman, Montana.docx 51 Bozeman City Commission Meeting Minutes, May 11, 2021 Page 2 of 11 04-27-21 DRAFT MINUTES City Commission Meeting.docx 00:10:31 Motion to approve the combined City Commission minutes as submitted. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:10:42 Vote on the Motion to approve I move to approve the combined City Commission minutes as submitted. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:11:26 Consent H.1 Accounts Payable Claims Review and Approval 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) Irrevocable Offer of Dedication 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) Irrevocable Offer of Dedication H.4 Authorize the City Manager to Sign a Notice of Award to Knife River - Belgrade for Construction of the 2021 Street Improvements Project Bid Sheet - 2021 Street Improvements Project.pdf AWARD.docx 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 Second Addedndum to Bozeman Solar Project License Agreement_20210511.pdf H.6 Resolution 5306, Confirming the Appointment of Lori Christenson as Interim Health Officer Resolution 5306 Appointing Interim Health Officer.pdf 00:11:33 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:12:40 Public Comment There were no public comments on the Consent Agenda. 00:15:19 Motion to approve consent items 1-6 as submitted. 52 Bozeman City Commission Meeting Minutes, May 11, 2021 Page 3 of 11 Terry Cunningham: Motion Jennifer Madgic: 2nd 00:15:29 Vote on the Motion to approve consent items 1-6 as submitted. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I) 00:15:48 Public Comment • Mayor Andrus opened general public comment. 00:18:10 Rebecca Oberly, Public Comment Rebecca Oberly commented on the aquatic center schedule. 00:21:01 Jennifer Boyer, Public Comment Jennifer Boyer commented on the aquatics center schedule. 00:23:08 January Heicher, Public Comment January Heicher commented on the aquatics center schedule. 00:25:07 JP Maganito, Public Comment JP Maganito commented on the aquatics center schedule. 00:26:51 Christina McColley, Public Comment Christina McColley commented on the aquatics center schedule. J) 00:28:50 Mayoral Proclamation J.1 Mayoral Proclamation Proclaiming Mental Health Month Proclamation May as Mental Health Month.docx • Mayor Andrus proclaimed May as Mental Health Month. K) 00:31:02 Special Presentation K.1 00:31:00 Third Quarterly Report on Bozeman as an Inclusive City 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 00:31:15 City Manager Introduction and Presentation 53 Bozeman City Commission Meeting Minutes, May 11, 2021 Page 4 of 11 CM Mihelich presented the 3rd quarterly report on Bozeman as an Inclusive City. He presented where Inclusive City falls on the City's Strategic Plan and Purpose. He provided background on the first two quarterly reports and the progress made since. He highlighted the completed actions toward inclusivity, including further training for multiple departments. He reviewed the Equity Indicators and Gaps Analysis. He noted the future Community Roundtable on Equity and Inclusion Summit planned for the fall. He highlighted the active lobbying against legislation that did not support the City's commitment to equity. He provided next steps. K.2 00:39:19 Streamline Route Update Presentation Bozeman_final_report_FINAL.pdf Appendix_A_FINAL.pdf 00:39:24 City Manager Introduction 00:39:44 HDRC Streamline Presentation Sunshine Ross and Heather Grenier presented on the redesign of the Streamline. Sunshine Ross highlighted service design principles. She presented the additional route service network, the weekend core service network. She explained the financial investment from partners, long-term routes, and an urban transportation district. She highlighted the benefits of an urban transportation district, the process and a rough timeline. L) 00:54:17 Action Items L.1 00:54:35 Resolution 5291, Creating Special Improvement Lighting District 764, Walker Property Sub Lot 3 Block 5 P.U.D. Resolution 5291 Creation of SILD 764-Walker Property Sub Lot 3 Blk 5 PUD .doc 00:54:20 City Manager Introduction 00:54:36 Staff Presentation Finance Director Kristin Donald presented SILD 764, Walker Property. She presented the fixtures to be installed, the assessment. She highlighted this is a public hearing and there were no written public comments regarding this lighting district. 00:55:43 Questions of Staff There were no questions. 00:56:10 Public Comment There were no public comments. 00:58:35 Motion I move to approve Resolution 5291, Creating Special Improvement Lighting District #764, Walker Property Sub Lot 3 Block 5 P.U.D. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:59:01 Discussion 01:00:24 Vote on the Motion to free form I move to approve Resolution 5291, Creating Special Improvement Lighting District #764, Walker Property Sub Lot 3 Block 5 P.U.D. The Motion carried 5 - 0 54 Bozeman City Commission Meeting Minutes, May 11, 2021 Page 5 of 11 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None L.2 01:00:46 Resolution 5297, Creating Special Improvement Lighting District 765, Haven Shelter Resolution 5297 Creation of SILD 765-Haven Shelter .doc 01:00:48 City Manager Introduction 01:00:59 Staff Presentation Finance Director Kristin Donald presented SILD 765. She presented the fixtures to be installed, a map of the proposed district, and lighting assessments. She noted this is the public hearing and the City has received no public comments. 01:01:57 Questions of Staff 01:03:45 Public Comment There were no public comments. 01:06:29 Motion I move to approve Resolution 5297, creating Special Improvement Lighting District #765, Haven Shelter. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:06:52 Discussion 01:07:57 Vote on the Motion to free form I move to approve Resolution 5297, creating Special Improvement Lighting District #765, Haven Shelter. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 55 Bozeman City Commission Meeting Minutes, May 11, 2021 Page 6 of 11 L.3 01:08:19 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 Resolution 5286 Budget Amendment Midtown TIF funds.docx 01:08:25 CM Introduction 01:08:37 Staff Presentation Finance Director Kristin Donald presented on the corrected Resolution 5285. She provided background, a further breakdown of the budget including the bond sale and project, adjustment to the work plan, the debt service payment, and an increase in project costs. She presented the motion language. 01:12:11 Questions of Staff 01:17:57 Public Comment 01:19:45 Emily Talago, Public Comment Emily Talago commented on the effects of Tax Increment Funding. 01:23:22 Motion Move to approve Resolution 5285 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. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:23:56 Discussion • Cr. Pomeroy noted the increase in cost of construction materials. • DM Cunningham noted the delay due to the pandemic. He noted the results of the district are exceeding expectations. He noted the public comment. • Cr. Madgic noted she is on the Midtown board. • Cr. Coburn noted this amendment was anticipated. 01:28:21 Vote on the Motion to approve Move to approve Resolution 5285 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. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 56 Bozeman City Commission Meeting Minutes, May 11, 2021 Page 7 of 11 L.4 01:28:50 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 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 01:28:54 CM Introduction 01:29:10 Staff Presentation Assistant City Attorney Kelley Rischke entered the staff report and the draft ordinance into the record. She noted that this text amendment is relevant to both subdivision and zoning so these amendments have already had a public hearing in both the zoning commission and on the planning board. In presenting Ordinance 2074, ACA Rischke provided the notable changes in the Ordinance, the zoning criteria, and subdivision criteria. She noted there were no public comments. She presented the suggested motion language. 01:35:16 Questions of Staff 01:56:24 Public Comment There were no public comments. 01:59:21 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. Terry Cunningham: Motion Jennifer Madgic: 2nd 01:59:42 Discussion • DM Cunningham found the change to the code has met all criteria by the zoning commission and the planning board. He noted that the City is trying to redo the code to make it more flexible and easy to understand. He mentioned the potential of using a community housing revolving loan fund in order to address affordable housing. • Cr. Madgic noted that members of the zoning commission and the planning board voted unanimously in support of this revision. She highlighted that being flexible with the development community can help affordability. She echoed Cr. Coburns questions about user friendliness of our City Codes. • Cr. Coburn noted that this is an opportunity to use code revision to make things more affordable that is not being used. • Cr. Coburn noted the concurrent construction could save a lot of money. She noted the paperwork required in Bozeman to build. • Mayor Andrus noted the code revision will be important in building a community and providing multimodal transportation to us. She does not agree that this is a tool for affordable housing. 57 Bozeman City Commission Meeting Minutes, May 11, 2021 Page 8 of 11 02:14:07 Vote on the Motion to approve 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. The Motion carried 4 - 1 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Christopher Coburn 02:14:30 Recess Mayor Andrus called a recess 02:21:21 Call back to Order Mayor Andrus called the meeting back to order. L.5 02:21:25 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 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 02:21:25 CM Introduction 02:21:40 Staff Presentation City Planner Jacob Miller presented Ordinance 2070. Jacob Miller added the staff report, public comment and application materials into the record. He presented the proposed amendments. He presented a map with the affect areas, the reason for the amendments, the exact changes to the 58 Bozeman City Commission Meeting Minutes, May 11, 2021 Page 9 of 11 residential standards, the specific changes to the commercial standards, and front back set changes. He highlighted the public comments and regulations. He provided the recommend motion. 02:30:49 Questions of Staff 02:49:20 Public Comment 02:51:15 Emily Talago, Public Comment Emily Talago commented in opposition to higher ceiling heights. Technical issue, public comment continued 3:00:04. 02:57:40 Jason Delmue, Public Comment Jason Delmue commented that increasing ceiling heights does not do anything for affordable housing one way or another. 03:00:04 Emily Talago continued public comment in opposition. 03:03:59 Additional Questions of Staff 03:10:40 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. Jennifer Madgic: Motion Christopher Coburn: 2nd 03:11:18 Discussion • Cr. Madgic noted that she believes the changes meet the Montana Code, the Zoning Commission has heard and recommended this, and the majority of public comments have been in support of the Ordinance. • Cr. Coburn noted that adding an additional story can help with the City's infill goals, transit goals, and climate goals. • Cr. Pomeroy noted that making the UDC easier to understand will help developers build faster and encourages building up instead of out. • DM Cunningham would like to see the results of this code change in the future. He noted how the change in inclusionary zoning has affected affordable housing. • Mayor Andrus commented in support of the Ordinance. 03:29:28 Vote on the Motion to approve 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. The Motion carried 4 - 1 Approve: Cyndy Andrus 59 Bozeman City Commission Meeting Minutes, May 11, 2021 Page 10 of 11 Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Christopher Coburn L.6 03:29:54 Emergency Ordinance 2077, Adopting the Gallatin City-County Health Code and Associated Fees Emergency Ordinance 2077.pdf Health Code Chapter 1.pdf Health Code Chapter 2.pdf Health Code Chapter 3.pdf 03:29:58 CM Mihelich Introduction and Presentation 03:31:21 Questions of Staff 03:36:13 Public Comment There were no public comments. 03:39:12 Motion I move to adopt Emergency Ordinance 2077, adopting the Gallatin City-County Health Code and Associated Fees Christopher Coburn: Motion I-Ho Pomeroy: 2nd 03:39:28 Discussion • Cr. Coburn spoke in support of the motion. • Cr. Pomeroy will support the motion. • DM Cunningham will support the motion. • Cr. Madgic will support the motion. • Mayor Andrus will support the motion. 03:42:52 Vote on the Motion to approve I move to adopt Emergency Ordinance 2077, adopting the Gallatin City-County Health Code and Associated Fees. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 60 Bozeman City Commission Meeting Minutes, May 11, 2021 Page 11 of 11 M) 03:43:12 FYI / Discussion N) 03:43:26 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk 61 Bozeman City Commission Meeting Minutes, May 18, 2021 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES May 18, 2021 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None A) 00:03:08 Call to Order - 6:00 PM - Via WebEx B) 00:03:15 Pledge of Allegiance and a Moment of Silence C) 00:03:49 Changes to the Agenda CM Mihelich noted the removal of Consent Item 10, Ordinance 2075. D) 00:04:23 FYI CM Mihelich highlighted the Public Library for its recognition in the School Library Journal. CM Mihelich highlighted the Bozeman Street Report. E) 00:06:14 Commission Disclosures • Cr. Pomeroy disclosed an earlier conversation with the Sacajawea Audubon Society. F) 00:06:42 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Bangtail Partners, LLC for the Cottonwood and Ida Site Plan Project (20234) Conditional Irrevocable Offer of Dedication F.3 Authorize the City Manager to Sign a Professional Services Agreement with Dennis Curran (Yardbird), for Landscape and Irrigation Maintenance Services at Alder Creek Subdivision Park Attachment A Request for Quotes- Landscape & Irrigation Maintenance services at Alder Creek Park.pdf Professional Service Agreement Dennis Curran The Yardbird.pdf F.4 Authorize the City Manager to Sign a Professional Services Agreement with DOWL for the Purpose of Providing Engineering Inspection Services for the 2021 Construction Season Agreement.pdf 62 Bozeman City Commission Meeting Minutes, May 18, 2021 Page 2 of 9 DOWL Scope of Services.pdf MMI Quote.pdf F.5 Authorize the City Manager to Sign a First Addendum to Professional Service Agreement with Hydro Logistic Irrigation, LLC for Irrigation Services at City Properties 1st Addendum - Hydro Logistic Irrigation LLC - Irrigation Services at City Facilities 5-3- 21.pdf F.6 Authorize the City Manager to Sign a Sanderson Stewart Term Contract Task Order #EDD21-002 Creating a Fiber Optic Conduit Master Plan 09-09-19 City Commission Packet Materials - C3. Economic Development Administration Grant Application for EDA Programs.pdf URD Task Order Form EDD21-002.docx SOW_Conduit Master Plan_042321.pdf F.7 Authorize the City Manager to Sign an Amendment 1 to Task Order 12 with Sanderson Stewart for the Purpose of Right-of-Way Acquisition on the Griffin Drive - 7th to Rouse Project Amendment 1 to Task Order 12 with Sanderson Stewart for Griffin Drive ROW Acquistion.pdf F.8 Authorize the City Manager to Sign an Amendment 3 to a Professional Services Agreement with Sanderson Stewart to Provide Construction Administration and Engineering Services for the Griffin Drive and Manley Road Street and Stormwater Improvement Project Scope of Work for Amendment 3 for Griffin Drive and Manley Road Street and Stormwater Improvement Project.pdf Amendment 3 to PSA with Sanderson Stewart for Griffin Drive and Manley Road Street and Stormwater Improvement Project.docx F.9 Resolution 5304, Intent to Modify a Special Improvement Lighting District #460 for North 7th Avenue Resolution 5304-Intent to Modify SILD 460-N 7th Ave-updated for phase 3.doc Exhibit A-Modification of SILD 460.pdf Exhibit B-Modification of SILD 460.pdf F.10 Ordinance 2075, Provisional Adoption to Rezone 6.99 Acres from R-O, Residential Office District to R-5, Residential Mixed-Use High Density District, Application 20389 Ordinance 2075 Nexus Point 2021 ZMA No 20389.docx NexusPoint2021ZMAExhibit041621.pdf 00:06:43 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:07:38 Public Comment There were no comments on the Consent Agenda. 00:12:42 Motion I move to approve Consent Items 1-9 as submitted. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:12:53 Vote on the Motion to free form I move to approve Consent Items 1-9 as submitted. The Motion carried 5 - 0 63 Bozeman City Commission Meeting Minutes, May 18, 2021 Page 3 of 9 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:13:16 Public Comment 00:16:02 Steve Kirchhoff, Public Comment Steve Kirchhoff commented on the Kagy Boulevard Expansion Project. 00:20:00 Nick Allevato, Public Comment Nick Allevato commented in support of the previous public comment and in opposition to the adoption of the health code. H) 00:22:12 Action Items H.1 00:22:16 Burkle DeTar Addition Conditional Use Permit (CUP) to Allow for An Expansion of a Legal Non-Conforming Residential Use By More Than 20 Percent in the B- 3 District, Application 21085 (Quasi-judicial) Project21085_StaffReport_CityCommissionShort.docx 00:22:20 City Manager Introduction 00:22:39 Staff Presentation City Planner Nakeisha Lyon presented the Burkle DeTar Addition CUP application. She entered the staff report, findings, public comment and application materials into the record. She presented the background of the property, the location and surrounding zoning, the existing and proposed site plan, the staff evaluated criteria, public comment, and staff recommendation. 00:31:07 Questions of Staff 00:43:55 Questions of Applicant The applicant, Tammy Minge of Frog Rock Design and the property owner, Charlie DeTar were present for questions. 00:48:22 Public Comment 00:50:17 Nick Allevato, Public Comment Nick Allevato commented in regards to red tape in residential development projects. 00:51:42 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 21085 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. 64 Bozeman City Commission Meeting Minutes, May 18, 2021 Page 4 of 9 I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:52:28 Discussion • Cr. Pomeroy spoke in support of the application. She commented on the application being consistent with the City's growth policy and the surrounding neighborhood. • DM Cunningham spoke in support of the staff report and findings. He agrees with the assessment of the NCOD. • Cr. Madgic spoke in support of the motion. She believes the proposed CUP meets the criteria, particularly that there is no material adverse effect on abutting properties. • Cr. Coburn plans to support the application. • Mayor Andrus commented in support of the motion. She commented on its appropriateness for B3, an area where Bozeman is looking for more density. 00:59:42 Vote on the Motion to approve 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 21085 and move to approve the conditional use permit 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.2 01:00:05 Bozeman East Mixed Use Master Site Plan & Conditional Use Permit, Application 19230 19230_StaffReport_CityCommissionShort.docx 01:00:08 City Manager Introduction 01:00:20 Staff Presentation City Planner Sarah Rosenberg entered the staff report into the record. She presented the Bozeman East Mixed Use Master Site Plan & CUP. She presented the location, she presented the site plan, the block frontage requirement, the request to depart from the block frontage, building elevations, parkland, the CUP criteria of evaluation, public comment, and recommendation. 01:11:30 Questions of Staff 01:31:02 Applicant Presentation Jana Cooper of TD&H Engineering presented on the project, the surroundings, the public amenities and private amenities, and a rendering of the buildings. 01:38:37 Questions of Applicant 65 Bozeman City Commission Meeting Minutes, May 18, 2021 Page 5 of 9 01:43:31 Questions of Owner 01:58:33 Public Comment 02:00:08 Christopher Nixon, Public Comment Christopher Nixon commented in favor of the development, but questioned the water core setback. 02:03:48 Nick Allevato, Public Comment Nick Allevato commented in opposition to preserving stream corridors, open space, and requiring park space. 02:06:20 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 19230 and move to approve the Conditional Use Permit for ground level residential uses, the Park Master Plan, and the Bozeman East Mixed Use Master Site Plan subject to conditions and all applicable code provisions. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:06:54 Discussion • DM Cunningham agreed with the staff findings. He commented that allowing residential units on the ground floor could help make the vacancy rate healthier. He commented in support of open spaces and parks. He commented on subsidies. • Cr. Madgic commented in support of the development as good infill. She commented that it would be great for staff to put transit scores into staff reports. • Cr. Coburn commented in support. He commented that areas with a surplus of walkable resources may not require as many parking spaces. • Cr. Pomeroy commented in support of the motion. • Mayor Andrus commented in support of the application as well. 02:19:43 Vote on the Motion to approve 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 19230 and move to approve the Conditional Use Permit for ground level residential uses, the Park Master Plan, and the Bozeman East Mixed Use Master Site Plan 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 66 Bozeman City Commission Meeting Minutes, May 18, 2021 Page 6 of 9 H.3 02:20:06 Ordinance 2078, Adopting Health Code Ordinance 2078 Adopting Health Code by reference.pdf Health Code Chapter 1.pdf Health Code Chapter 2.pdf Health Code Chapter 3.pdf 02:20:25 CM Mihelich Introduction and Presentation 02:21:36 Questions of Staff 02:21:59 Public Comment There were no public comments on this item. 02:25:26 Motion I move to provisionally adopt Ordinance 2078, Adopting the Gallatin City-County Health Code by reference. Jennifer Madgic: Motion Christopher Coburn: 2nd 02:25:45 Discussion • Cr. Madgic spoke in favor of the motion. • Cr. Coburn spoke in favor of the motion and elaborated on the responsibilities of the Health Code. • Cr. Pomeroy spoke in favor of the motion. • Cr. Cunningham spoke in favor of the motion. • Mayor Andrus spoke in support of the motion. 02:28:41 Vote on the Motion to approve I move to provisionally adopt Ordinance 2078, Adopting the Gallatin City-County Health Code by reference. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:29:04 Recess Mayor Andrus called a recess 02:35:23 Call Back to Order Mayor Andrus called the meeting back to order. 67 Bozeman City Commission Meeting Minutes, May 18, 2021 Page 7 of 9 H.4 02:35:28 FY22 City Manager Recommended Budget- Introduction FY22 CM Recommended Budget Executive Summary.pdf BUDGET in BRIEF.pdf 02:35:32 City Manager Introduction 02:35:39 Staff Presentation CM Mihelich and Finance Director Kristin Donald presented the introduction to the recommended budget for FY22. They highlighted the current stage in the budget development process, they presented the CARES Act funding, the American Rescue Plan money, the impacts of the legislative session, how the budget will help accomplish strategic plan priorities. Finance Director Kristin Donald went over the FY22 Budget Document. She walked through the budget summary, the FY22 budget revenue, estimated property taxes, the estimated tax levy, special assessments, and utility charges. She explained expenditures specifically historical expenditure trends, personnel, operating, capital, and reserves. CM Mihelich went through the highlights, the typical residential property estimated impact, the calendar moving forward. 02:55:48 Questions of Staff 03:44:34 Public Comment 03:46:22 Kevin Thane, Public Comment Kevin Thane commented on the community housing fund described in the budget document. 03:50:46 Loreene Reid, Public Comment Loreene Reid commented on subsidies for affordable housing. I) 03:55:27 Work Session I.1 03:55:32 Wetlands Work Session 03:55:41 Meeting Extended until 10:15 03:55:50 Staff Presentation CM Mihelich presented on why wetlands are important, how we currently preserve wetlands in the City, how we can improve the preservation of wetlands in the City. He gave an update on a sensitive lands study. He noted the likely collaborators. He finished with questions to consider. The Commission was asked to consider: 1. Do we continue to support working with the Army Corps of Engineers and the Sacagawea Audubon in the creation of a local wetlands bank? 2. Should the City require local wetland mitigation for requirements that are smaller than federal standards? 3. If local wetland banks are created and required should we require or incentivize credits to be used locally? 04:05:04 Direction from the Commission • Cr. Pomeroy answered yes to all three questions. • DM Cunningham encouraged the City to move forward with all questions. He would like local wetland credits to be in the code. 68 Bozeman City Commission Meeting Minutes, May 18, 2021 Page 8 of 9 • Cr. Madgic answered yes to all three questions. • Cr. Coburn supports moving forward. He requests including some indigenous leaders involved in the project. • Mayor Andrus supports moving forward with all three questions. She would like the wetland mitigation requirement to make sense in terms of the size. 04:12:08 Public Comment 04:13:01 William Kleindl, Public Comment William Kleindl commented in support of moving forward. He specifically noted that all wetlands in the City are regulated by the City according to the code, but there is a hole in isolated wetlands. He encourages mitigating locally and working with local groups to help. 04:17:07 Mayor Andrus extended the meeting until 10:30. 04:17:19 Christopher Nixon, Public Comment Christopher Nixon commented notifications of filling wetlands, local mitigation, and avoidance of damage to wetlands. 04:20:40 Wendy Weaver, Public Comment Wendy Weaver commented on closing federal loopholes around mitigation and local wetland credits. 04:23:18 Loreene Reid, Public Comment Loreene Reid commented on local wetland mitigation and how the City can prevent tax money from going to the Jefferson Watershed. She highlighted the possibility of a Wetlands Program Plan. J) 04:27:24 FYI / Discussion K) 04:27:33 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk 69 Bozeman City Commission Meeting Minutes, May 18, 2021 Page 9 of 9 PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk 70 Bozeman City Commission Meeting Minutes, May 25, 2021 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, May 25, 2021 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn, Michael Wallner Absent: None Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:01:31 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:04:26 Pledge of Allegiance and a Moment of Silence C) 00:04:59 Changes to the Agenda • There were no changes to the agenda. D) Authorize Absence E) 00:05:17 Public Service Announcements E.1 City of Bozeman Offices will be closed on May 31 in observance of Memorial Day. There will be no City Commission meeting on June 1. Garbage collection service will be one day late for the week. F) 00:05:41 FYI • CM Mihelich provided an update on the efforts related to Swim Center hours and hiring lifeguards. He provided an update on the equity indicators project and that over 900 responses have been received, and the team has met with over 50 partners of local organizations, focus groups, and interviews. G) 00:08:03 Commission Disclosures • DM Cunningham disclosed he has had communication with the applicant for Blackwood groves related to the removal of Inclusionary Zoning. H) 00:08:57 Consent 71 Bozeman City Commission Meeting Minutes, May 25, 2021 Page 2 of 8 H.1 Accounts Payable Claims Review and Approval H.2 Notice of Award to Highland Construction for the Front Street Connector Pathway Project Front_Street_Connector_Trail_Notice_of_Award.pdf Front_Street_Connector_Trail_Bid_Recommendation_051021.pdf Front_Street_Bid_Tab_051021_ForCity.pdf H.3 Approve a Final Plat for the Bridger Vale Subdivision and Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman; the Director of Community Development to Execute the Improvements Agreements on Behalf of the City of Bozeman, Application 20281 20281 Bridger Vale Final Plat Staff Transmittal.docx Bridger Vale Final Plat.pdf H.4 Authorize the City Manager to Sign a Monitoring Well Access Easement and Agreement and the First Amendment to Declaration of Institutional Controls for the Bridger Vale Annexation with Bridger Vale LLC for the Bridger Vale PUD Project (20294) Monitoring Well Access Easement and Agreement First Amendment to Declaration of Institutional Controls H.5 Ratify the Signature of the City Manager for a Temporary Road Permit/Access and Reimbursement Agreement for Irrigation Infrastructure Improvements with Marianne Liebmann and Steve Liebmann at the Liebmann Property Addressed as 8518 Nash Road Liebmann Access & Reimbursement Agmt_fully executed H.6 Authorize the City Manager to Sign a Memorandum of Understanding Between City of Bozeman, Human Resource Development Council and Western Transportation Institute for the Safe Routes to Parks Grant Safe Routes to Parks - MOU.docx H.7 Authorize the City Manager to Sign a License Agreement for the Use of City Property by Headwaters Community Housing Trust LicenseAgmt StoryMillRd.docx ExhibitC_BV PARK GRADING.pdf Exhibit A_StoryMillRdLinearPark-LegalDescription.pdf H.8 Authorize the City Manager to Sign a Restoration Agreement with the Headwaters Community Housing Trust for Utility Relocation Adjacent to Bridger View Development 2021-05.RestAgmt-StoryMillRdLinearPark-HCHT.docx HRDC Redevelopment_Waiver Valuation_2020-8-24.pdf H.9 Authorize the City Manager to Sign a Professional Services Agreement with Clean Slate Group, LLC for Graffiti Removal Services Graffiti Abatement Services PSA Exhibit A - Scope of Services and Prices H.10 Authorize the City Manager to Sign an Amendment to Montana Department of Commerce, Big Sky Economic Development Trust Fund Program Grant Award to the MeatEater, Inc, Contract # MT-BSTF-1-21-01 MeatEater City letter to DoC extension.pdf MeatEater DoC Award letter.pdf MeatEater #2 Amended -Bus Assist Agreemt-Mgmt Plan.pdf Montana_Department_of_Commerce_Contract_MT-B (12)-unsigned.pdf 05-25-21 BSTF MeatEater Budget Amendment 5-10-21.pdf H.11 Authorize the City Manager to Sign an Amendment 12 with Morrison-Maierle for the North 7th Avenue Lighting and Sidewalk Project, Engineering Contract 72 Bozeman City Commission Meeting Minutes, May 25, 2021 Page 3 of 8 0417.063 Amendment #12.pdf H.12 Resolution 5307 Authorizing Change Order No. 3 to the North 7th Avenue Streetscape Project Resolution 5307 N 7th Streetscape Change Order 3.docx 20-009 N 7th - CO3 REVISED 042321_final_TSI-MMI Signed.pdf N.7th-2020-Bulletin#2-2020-09-23.pdf N.7th-2020-Bulletin#3-2020-04-21.pdf.pdf H.13 Resolution 5309, Notifying Gallatin County of Mail Ballot Election with Return Costs Paid for November 2021 General Election Resolution 5309 Notifying the Election Administrator of Mail Ballot and Return Postage.docx H.14 Ordinance 2075, Final Adoption to Rezone 6.99 Acres from R-O, Residential Office District to R-5, Residential Mixed-Use High Density District, Application 20389 Ordinance 2075 Nexus Point 2021 ZMA No 20389.docx NexusPoint2021ZMAExhibit041621.pdf 00:09:03 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:10:59 Public Comment There were no public comments on the Consent Agenda. 00:13:41 Motion consent items 1 - 14 as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:13:53 Vote on the Motion to approve consent items 1 - 14 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I) 00:14:14 Public Comment Mayor Andrus opened general public comment. 00:16:25 Susan Riggs, Public Comment Susan Riggs commented on Board Consolidation and the requirements for the Community Development Board. 00:18:06 Alley Engelbrecht, Public Comment 73 Bozeman City Commission Meeting Minutes, May 25, 2021 Page 4 of 8 Alley Engelbrecht commented on behalf of Southwest Montana chapter of the National Young Farmers Coalition on the importance of a City-County Food Council for the preservation of local farmers and continuing the ideas of local food security. 00:19:40 Jerry Pape, Public Comment Jerry Pape commented on the Board Consolidation. He commented the need for Boards to vote for their own officers, his concern related to term limits, and identified that other communities include Economic Development functions with Planning and Zoning Boards. He expressed the concern of the number of applications that may come before the proposed Community Development Board. J) 00:24:44 Action Items J.1 00:24:45 City Manager Recommended FY22 Budget- Enterprise and Internal Service Funds' Highlights 00:25:04 Staff Presentation CM Mihelich introduced the presentation and Finance Director Kristin Donald presented enterprise and internal service funds; she presented the Public Works Administration Fund expenditures by division. 00:31:18 Questions of Staff 00:37:53 Staff Presentation continued Director Donald presented the Water Fund, trends, revenues, expenditures, and detail by division. She presented the Wastewater Fund, trends, revenues, expenditures, and detail by division. She presented the Stormwater Fund, trends, revenues, expenditures, and detail by division. 00:51:06 Questions of Staff 01:14:10 Staff Presentation continued Director Donald presented the Solid Waste Fund, revenues, expenditures, and detail by division. 01:17:13 Questions of Staff 01:23:39 Staff Presentation continued Director Donald presented the Parking Fund, revenues, expenditures, and detail of the division. CM Mihelich presented a summary of the enterprise and internal service funds and the upcoming schedule of presentations. 01:27:03 Questions of Staff and Comments 01:35:30 Public Comment Mayor Andrus opened public comment on this item. 01:38:47 Emily Talago, Public Comment Emily Talago commented on vehicle maintenance as the most efficient use. J.2 01:40:13 Resolution 5303 Approving a Project in the Bozeman Midtown Urban Renewal District, Known as the 9TEN Project, as an Urban Renewal Project, Making Findings with Respect Thereto and Approving the Use of Tax Increment Revenues or Tax 74 Bozeman City Commission Meeting Minutes, May 25, 2021 Page 5 of 8 Increment Revenue Bonds to Pay, Reimburse or Finance Eligible Costs Thereof; Approving a Related Development Agreement; and Making a Reimbursement Declaration Commission Memorandum for Resolution 5303 9TEN.docx Resolution 5303 approving 9TEN project.docx BZN Development Agreement -- 9TEN.v5.docx Midtown URD Board Staff Report and Supporting Material 20210401.pdf 01:40:23 Staff Presentation Urban Renewal Program Manager David Fine presented a background of the Midtown Action Plan and the Midtown TIF Assistance Program. He presented the 9TEN project, it's affordable housing units, the site context, developer costs to be reimbursed through TIF, the fiscal effects, the required findings, a summary of Resolution 5303, and the recommended motion. 01:50:07 Questions of Staff 02:11:13 Public Comment Mayor Andrus opened this item for public comments. 02:13:36 Kevin Thane, Public Comment Kevin Thane, member of CAHAB, speaking as an individual commented as an example of initiative by the City to provide housing using TIF funds. He suggested the City missed the boat by not having the units be owner-occupied and lacks controls for rent of the units. 02:15:42 Emily Talago, Public Comment Emily Talago, member of Midtown TIF Urban Renewal Board, commented she voted in favor; but, as a resident of the Midtown stated the City needs to stop using the term "affordable housing." She commented on the use of bonding as the wrong tool and the cost shifts associated with the use of TIF. She commented on the developer's financial interest. 02:20:50 Additional Questions of Staff 02:23:29 Motion Incorporating the information and findings in the April 1, 2021 staff report to the Midtown Urban Renewal Board, the staff memorandum to the City Commission, oral findings made by the Commission during the public hearing, information and findings contained in the proposed resolution, and after considering public comment, I hereby move to adopt Resolution 5303. Jennifer Madgic: Motion Christopher Coburn: 2nd 02:23:37 Discussion 02:33:58 Vote on the Motion Incorporating the information and findings in the April 1, 2021 staff report to the Midtown Urban Renewal Board, the staff memorandum to the City Commission, oral findings made by the Commission during the public hearing, information and findings contained in the proposed resolution, and after considering public comment, I hereby move to adopt Resolution 5303. The Motion carried 5 – 0. 75 Bozeman City Commission Meeting Minutes, May 25, 2021 Page 6 of 8 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:34:23 Meeting went into Recess Mayor Andrus called the meeting to recess. 02:34:46 Meeting Reconvened Mayor Andrus called the meeting back to order. J.3 02:34:45 Blackwood Groves Major Subdivision Preliminary Plat, Application 20447 (Quasi-judicial) 20447 CC Staff Report.docx 02:34:55 Disclosure DM Cunningham disclosed communications with the applicant related to the removal of inclusionary zoning. 02:35:41 Staff Presentation Associate Planner Sarah Rosenberg entered the staff report into the record. She presented the vicinity of the project, the master site plan, the phasing plan, the preliminary plat, the watercourse and wetlands, the parks plan, trail connections, a summary of public comments, and the recommendations of the Planning Board and staff's recommended motions. 02:47:28 Questions of Staff 03:05:36 Application Presentation Grant Syth from Bridger Builders, Rob Pertzborn from Intrinsik Architecture, and Robb Berg presented the application. They presented the project site, the parks and open space in proximity, the site analysis, the green plan, proposed land uses, block frontages, road cross sections, project phasing, pedestrian accessible space, park amenities, and improvements in lieu summary. 03:19:52 Staff Clarification 03:20:43 Questions of Applicant 03:34:50 Staff Clarification 03:45:15 Motion to a date uncertain pending noticing. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 76 Bozeman City Commission Meeting Minutes, May 25, 2021 Page 7 of 8 03:45:17 Vote on the Motion to continue to a date uncertain pending noticing. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K) 03:45:54 Work Session K.1 Direction to the City Manager on Moving Forward with Consolidation of City Boards to Align with the City's Adopted Strategic Plan Board Consolidation Proposal Staff Memorandum May 25, 2021.docx Board Appendix A.docx 03:46:22 Staff Presentation CM Mihelich presented staff's proposal for Board consolidation. 03:55:21 Meeting Extended Mayor Andrus extended the meeting until 10:10 PM. 03:55:26 Staff Presentation continued CM Mihelich presented how current duties align within the consolidated boards. He presented that some board roles and qualifications that are required by statute. He presented next steps in the process. 04:04:32 Meeting Extended Mayor Andrus extended the meeting until 10:15 pm. 04:04:44 Discussion L) FYI / Discussion M) 04:09:58 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk 77 Bozeman City Commission Meeting Minutes, May 25, 2021 Page 8 of 8 PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: June 8, 2021 78 Memorandum REPORT TO:City Commission FROM:Levi Stewart, Interim Accounting Technician Kristin Donald, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission approves payment of the claims. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Section 7-6-4301 MCA states that claims should not be paid by the City until they have been first presented to the City Commission. Claims presented to the City Commission have been reviewed by the Finance Department to ensure that all proper supporting documentation has been submitted, all required departmental authorized signatures are present indicating that the goods or services have been received and that the expenditure is within budget, and that the account coding is correct. UNRESOLVED ISSUES:Please approve checks from June 2nd and June 9th, due to no meeting on June 1st. 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: May 27, 2021 79 Memorandum REPORT TO:City Commission FROM:Brit Fontenot, Economic Development Director SUBJECT:Authorize the Mayor to Sign a Montana Department of Commerce Big Sky Economic Development Trust Fund Program Contract (Contract # MT-BSTF- 01-21-19) and Authorize the City Manager to Execute Additional Documents Required to Facilitate and Manage the Amended Grant Award for Profitable Ideas, Inc. MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Grant RECOMMENDATION: Authorize the Mayor to sign a Montana Department of Commerce Big Sky Economic Development Trust Fund program contract (Contract # MT-BSTF- 01-21-19) and authorize the City Manager, or their designee, to execute additional documents required to facilitate and manage the amended grant award for Profitable Ideas, Inc. STRATEGIC PLAN:2.3 Workforce Development: Support education and workforce development initiatives to improve the skills of our citizens. BACKGROUND: On February 23, 2021 the Bozeman City Commission approved Resolution 5263 authorizing Prospera to submit a grant application on behalf of Profitible Ideas, Inc. (PIE) to the Montana Department of Commenrce. Since the original submittal, PIE and Prospera have worked together to modify the original request and submit a modification to the Department of Commerce for approval. This new award, effective April 1, 2021, is for the purchase of computers, equipment and for wage reimbursement that will enable the business to create twenty-one (21) net new BSTF eligible jobs within one year. What is PIE? Thirsty for insight, executives look for scalable ways to connect with each other in a human way – to genuinely talk about what is working and what is not. They look for those who have the same responsibilities and reporting relationships in similarly-sized organizations because these are their fellow travelers who feel their same pressures and challenges. 80 Executives prize the understanding that comes from sharing war stories, observations and advice. At the same time, they value advisors for the independence and perspective they bring and know that together these two groups can form an ecosystem where best practices are cross-pollinated between high-performing companies. PIE brings these leaders together. PIE’s services include: virtual roundtables, summit support, corporate dining seminars and events, research, podcasts, business development training, advisory board management and speaking. UNRESOLVED ISSUES:None. ALTERNATIVES:As discussed and directed by the Bozeman City Commission. FISCAL EFFECTS:The Montana Department of Commerce has tentatively approved an award of up to $105,000 in BSTF Job Creation funding to be used as follows: Up to $96,600 (or $4,600 per net new job) to assist Profitable Ideas Inc. with the purchase of computers, equipment and for wage reimbursement. Profitable Ideas Inc. agrees to create 21 net new full time jobs that meet the BSTF required wage rate of at least $21.58 per hour before the value of benefits is. Job creation activities may take place as of April 1, 2021. The contract period for this project is April 1, 2021 to April 1, 2022. 60 days prior to contract expiration, a review of the hiring plan will take place to determine the eligibility of a contract extension. Consideration of the second year hires is also contingent on the availability of BSTF funds. As part of the contract, Prospera will earn administrative fees based upon the number of net new jobs PIE creates over the next year. Additionally, City staff time is required to provide the appropriate review of documents and approvals. Please note that the Big Sky Trust Fund support provided by the City of Bozeman, in longstanding partnership with Prospera, is not without financial risk, although the City and Prospera work closely together with the assisted business to minimize the risk. If the number of jobs identified in the contract is not filled by the assisted business, but grant dollars are received by the assisted business, the contract between the assisted business and the City of Bozeman contains the following financial restoration sections: Section 8 Conditions on Method of Reimbursement: 81 If the Assisted Business creates an eligible new job but fails to sustain that job for the requisite duration, then the Contractor shall reimburse the Department all funds received for that job. If tthe Assisted Business fails to create the required number of jobs, then the Contractor shall reimburse the Department the difference between the total amount advanced and the amount attributable to actual jobs created. If the Assisted Business ceases operation at the Project Site, then the Contractor shall reimburse the Department all funds received under this Contract. AND Section 3 Compensation and Consideration: c. The Assisted Business agrees that if the local government or tribal government request the funds before the jobs are created, and the Department agrees to that request, the local or tribal government and the assisted business receiving BSTF financial assistance are liable for the full amount of the award that is advanced by the Department, if the assisted business: 1. Fails to create or maintain the number of net new eligible jobs as specified in the executed contract and assistance agreement, or 2. Fails to inject the required amount of match into the project as specified in the executed contract and assistance agreement. Additionally the Department may recapture funds if: a. At the end of the contract period the Department has overpaid based on the number of net new jobs at the end of tthe contract period. b. The business ceases operations at the Project Site within the contract period. While important to be aware of the contractual relationships and obligations, it iis also important to note that, to date, neither the City nor the Department of Commerce has exercised theses sections on an assisted business in Bozeman. In partnership with the Department of Commerce and Prospera, the City has supported numerous BSTF assisted businesses. Attachments: Exhibit 1 Bozeman - Profitable Ideas Inc. - Award Letter.pdf Exhibit 2 Follow Up Letter -Profitable Ideas Inc.pdf Exhibit 3 PIE #2 Business Assistance Agreement-Mangement Plan.pdf Exhibit 4 Contract_MT-BSTF-1-21-19_Bozeman_PIE_2.pdf Exhibit 5 PIE BSTF Grant Award Budget Amendment 5-25- 21.pdf 82 Report compiled on: May 25, 2021 83 Greg Gianforte Kristen Juras GOVERNOR LT. GOVERNOR STATE CAPITOL • P.O. BOX 200801 • HELENA, MONTANA 59620-0801 TELEPHONE: 406-444-3111 • FAX: 406-444-5529 • WEBSITE: WWW.MT.GOV OFFICE OF THE GOVERNOR STATE OF MONTANA April 6, 2021 Mayor Cynthia Andrus City of Bozeman PO Box 1230 Bozeman, MT 59771 RE: Notice of Big Sky Economic Development Trust Fund Grant Award for the Profitable Ideas Inc. Job Creation Project Dear Mayor Andrus: On behalf of the State of Montana, it is my pleasure to notify you that the City of Bozeman has been awarded up to $105,000 from the Montana Department of Commerce – Big Sky Economic Development Trust Fund (BSTF) Program to assist Profitable Ideas Inc. This award, effective April 1, 2021, is for Profitable Ideas Inc. to purchase computers, equipment and for wage reimbursement that will enable the business to create twenty-one (21) net new BSTF eligible jobs within one year. Creating sustainable, good-paying jobs for Montanans is the foundation of our Montana Comeback Plan to get our economy going again and help our state live up to its full, outstanding potential. Thank you for your business’s important role in creating greater opportunities and prosperity for more Montanans. The City of Bozeman will be contacted directly with more information in the coming weeks by program staff. If you have any questions, please contact Annmarie Robinson, Section Manager. Ms. Robinson can be reached at 406-841-2250 or by email at arobinson3@mt.gov. Congratulations and wishing you continued success for your business. Sincerely, GREG GIANFORTE Governor cc: Renee Storm, Profitable Ideas Inc. Alexa Freeburg, Prospera Business Network Annmarie Robinson, Big Sky Economic Development Trust Fund Program 84 SCOTT OSTERMAN GREG GIANFORTE DIRECTOR GOVERNOR COMMERCE.MT.GOV 301 S. PARK AVE. | PO BOX 200533 | HELENA, MT 59620-0533 | P: 406.841.2870 | F: 406.841.2871 | TDD: 406.841.2702 April 15, 2021 Mayor Cynthia Andrus City of Bozeman PO Box 1230 Bozeman, MT 59771 RE: Montana Department of Commerce, Big Sky Economic Development Program Contract # MT-BSTF-1-21-19, Profitable Ideas Inc. Dear Mayor Andrus; As indicated by Governor Gianforte’s letter dated April 6, 2021, your application to the Big Sky Economic Development Trust Fund (BSTF) Job Creation Program has been approved for funding. The Montana Department of Commerce has tentatively approved an award of up to $105,000 in BSTF Job Creation funding to be used as follows: • Up to $96,600 (or $4,600 per net new job) to assist Profitable Ideas Inc. with the purchase of computers, equipment and for wage reimbursement. Profitable Ideas Inc. agrees to create 21 net new full time jobs that meet the BSTF required wage rate of at least $21.58 per hour before the value of benefits is. Job creation activities may take place as of April 1, 2021. The contract period for this project is April 1, 2021 to April 1, 2022. 60 days prior to contract expiration, a review of the hiring plan will take place to determine the eligibility of a contract extension. Consideration of the second year hires is also contingent on the availability of BSTF funds. Please note that in order for a remote worker to be BSTF eligible, the worker must reside in Bozeman. • Up to $8,400 (or $400 per net new job) for eligible administrative expenses. Please contact the Montana Department of Commerce prior to making any public announcement to the media. A contract will be sent to you electronically using DocuSign for signature. Please keep in mind that once information is submitted to the Department, the information is subject to the public’s right to know pursuant to Article II, Section 9 of the Montana Constitution. The Department reserves the right to withdraw a commitment of any BSTF funds for projects that have: 85 1. Not provided all requested contract information, including the job creation baseline and certification report within 30 days of the date this letter, and/or; 2. Not returned the BSTF contract to the Department within 30 days of receipt of the final contract, and/or 3. Are not ready to proceed within 90 days after the date of tentative award. Chris Reeder has been assigned as your BSTF Program Specialist, and he can be reached at chris.reeder@mt.gov or by phone at (406) 841-2792. An onboarding meeting with the assisted business must be scheduled at the ealiest opportunity At the meeting the Department will review the application and the commitment to the project. Additionally the assisted business will need to certify to the number of jobs in the baseline job creation report. Again, congratulations. We look forward to working with the City of Bozeman on this project. Sincerely, Annmarie Robinson Section Manager, BSTF and WTG Programs Montana Department of Commerce cc: Renee Storm, Profitable Ideas Inc. Alexa Freeburg, Prospera Business Network 86 Business Assistance Agreement and Management Plan 1 City of Bozeman/Profitable Ideas Exchange MT-BSTF-1-21-19 AGREEMENT BETWEEN the City of Bozeman AND Profitable Ideas Exchange, Inc. BSTF Grant #: MT-BSTF-1-21-19 A. PARTIES: The parties to this contract (the Contract) are the CITY OF BOZEMAN, PO Box 1230, Bozeman, MT 59771-1230, (the “City”), and Profitable Ideas Exchange, Inc., 815 Manley Road, Suite A, Bozeman, MT 59715-7996, (the “Assisted Business”); Tax identification number 81-0543156. B. PURPOSE: The purpose of this Contract is for the Assisted Business to use up to $105,000 in Big Sky Economic Development Trust Fund (the “BSTF”) grant funds, to be used as follows: • Up to $96,600 to assist with the purchase of computers, equipment and wage reimbursement for net new jobs created. a. The Assisted Business has agreed to create 21 eligible net new jobs at the project site located at 815 Manley Road, Suite A, Bozeman, MT 59715 (the “Project Site”) in the Government’s jurisdictional area within the Contract time period. An eligible net new job is defined as one that is new to the company and has not been filled on or before April 1, 2021. Eligible new job criteria are a full-time job, meaning a predominantly year- round position requiring an average of 35 hours of work each week; and b. Pays wages that meet or exceed $21.58 per hour, before the value of benefits is added. c. In addition, Profitable Ideas Exchange, Inc. has agreed to a total new investment at the Project Site, which is equal to or greater than $1 for every $1 of BSTF financial assistance received or up to $105,000, within this Contract time period, to satisfy the required match ratio for the grant. NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the parties hereto agree as follows: 1. SCOPE AND DUTIES: The Government and the Assisted Business shall engage in activities as set forth in the Government’s Montana Department of Commerce (“Department”) BSTF application, including any written modifications resulting from the review of the application by the Department for grant assistance, all of which, by this reference are made a part hereof. The Government shall enter into this Assistance Agreement with the Assisted Business that shall be approved in writing by the Department before the release of funds. The Government will only release funds to reimburse eligible and documented costs. Management of the BSTF grant is referenced in the attached Exhibit A of this Contract. 2. REPORTING: Unless otherwise specified by the Government, the Assisted Business will also submit Project Progress Reports quarterly to the Government and the Department until the Assisted Business receives Contract closeout approval from the Government and Department. The Project Progress Report must be provided on or before April 15, July 15, October 15 and January 15 for each year of the Contract time period and at closeout of the Contract. The Project Progress Reports shall include, but are not limited to, the following information: • Certified employment documentation from the Assisted Business that includes the breakdown of jobs created, using the Job Status Spreadsheet and accompanying Job Certification Form; and 87 Business Assistance Agreement and Management Plan 2 City of Bozeman/Profitable Ideas Exchange MT-BSTF-1-21-19 • Written Progress Report that should include the following items: o detailing progress towards achieving the hiring objectives and project goals that were described in the application with projected completion date; o any difficulties encountered in working towards these goals; o any changes within the assisted business structure, business name or changes to its registration with the Montana Secretary of State’s office; and o any other pertinent information. In drawing against the reserved amount, the Assisted Business shall: • Provide a Project Progress Report, and a current, signed Job Creation Spreadsheet and Certification as noted above; • Provide documentation of eligible reimbursable costs/match-usually consultant invoices; and • Update the Invoice Tracking spreadsheet, with updates of latest invoices included. 3. COMPENSATION AND CONSIDERATION: The total amount to be reimbursed to the Assisted Business under the Contract shall be up to $4,600 per eligible net new job created by the Assisted Business, for documented costs with reimbursement not to exceed a total of $96,600 (total BSTF award, minus grant administration fees) for the entire Contract. The City of Bozeman will not reimburse the Assisted Business for any costs incurred prior to April 1, 2021, nor for any expenses not included in the approved budget or not clearly and accurately supported by the Assisted Business’s records. a) The City of Bozeman will authorize the Assisted Business to draw up to $96,600 (total BSTF award, minus grant administration fees) against the funding reserved for the Assisted Business by the Department. Unless otherwise authorized by the City of Bozeman, the Assisted Business may receive grant funds periodically over the Contract period only upon documenting the expenditure of the required matching funds and the creation of the eligible net new jobs by the Assisted Business, and after incurring eligible expenses. b) If the City of Bozeman, determines that the Assisted Business has failed to satisfactorily carry out the duties and responsibilities under the Contract, the City of Bozeman may revoke the Assisted Business's ability to access additional funds until such time as the Government and the Assisted Business agree on a plan to remedy the deficiency. c) The City of Bozeman, may recapture funds and return funds to the Department if: • At the end of the contract period the Department has overpaid based on the number of net new jobs at the end of the contract period; or • The Assisted Business ceases operations at the Project Site within the contract period. d) The City of Bozeman, reserves the right to withdraw a commitment for any BSTF funds which remain un-disbursed at Contract closeout or at the end of the Contract period. e) The Assisted Business certifies that no request for reimbursement submitted for eligible expenses under this Contract shall duplicate any expense submitted to the Department for reimbursement under any other program administered by the Department. 88 Business Assistance Agreement and Management Plan 3 City of Bozeman/Profitable Ideas Exchange MT-BSTF-1-21-19 4. PERIOD OF CONTRACT: The Contract will be in effect for the period commencing April 1, 2021 and will expire once the Montana Department of Commerce officially closes out the BSTF grant award to the City of Bozeman. With approval by the Department, the City of Bozeman, reserves the right to extend this Contract based on, but not limited to, the Assisted Business’s performance of the contracted activities, and the Assisted Business’s compliance with program requirements. This would include but not limited to: a) The Assisted Business has created the net new jobs paying the BSTF wage rate per the original application; and b) The submission of: • a new Job Creation Report and executed Certification Form; • A formal request from the City of Bozeman, that provides the Department with a clear picture of the current business activities which clearly outlines why a contract extension is being requested; • A new hiring plan that covers the extension period; and • Any additional information as requested by the Department in making their determination of approval. 5. LIAISON: The contact person for the City of Bozeman, is Brit Fontenot, Director of Economic Development (406) 582-2258, or successor, and Renee Storm, Human Resources Manager (406) 582-7826 or successor for the Assisted Business. 6. SIGNATORY JOB CREATION REPORTING: The person responsible for approving and signing the Job Creation Certification for the Assisted Business is Renee Storm, Human Resources Manager, (406) 582-7826, rstorm@profitableideas.com, or successor in the same job role, and Andi Baldwin, Partner, Managing Director, (406) 582-0695, abaldwin@profitableideas.com or successor in the same job role. 7. PROJECT MONITORING: The Department or any of its authorized agents may monitor and inspect all phases and aspects of the Contractor’s performance to determine compliance with the SCOPE OF WORK, the proper use of Program funds, and other technical and administrative requirements of this Contract, including the adequacy of the Contractor’s records and accounts. The Department will advise the Contractor of any specific areas of concern and provide the Contractor opportunity to propose corrective actions acceptable to the Department. Failure by the Contractor to proceed with reasonable promptness to take necessary corrective actions shall be a default. If the Contractor’s corrective actions remain unacceptable, the Department may terminate this Contract in whole or in part, or reduce the contract price or award to reflect the reduced value of services received. 8. COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Assisted Business accepts responsibility for supplying, and requiring all subcontractors to supply, the City of Bozeman with proof of compliance with the Montana Workers’ Compensation Act while performing work for the State of Montana. (Mont. Code Ann. §§ 39-71-401, 39-71-405, and 39-71-417.) Neither the Assisted Business nor its employees are employees of the Government. The proof of insurance/exemption must be in the form of workers’ compensation insurance, an independent 89 Business Assistance Agreement and Management Plan 4 City of Bozeman/Profitable Ideas Exchange MT-BSTF-1-21-19 contractor exemption, or documentation of corporate officer status and must be received by the Government within 10 working days of the execution of this Contract, and must be kept current for the entire term of the contract. CONTRACTS WILL BE TERMINATED PURSUANT TO THE PROVISIONS OF SECTION 11 TERMINATION OF CONTRACT IF THE ASSISTED BUSINESS FAILS TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. Coverage may be provided through a private carrier or through the State Compensation Insurance Fund (406) 444-6500. An exemption can be requested through the Department of Labor and Industry, Employment Relations Division (406) 444-1446. Corporate officers must provide documentation of their exempt status. 9. ACCESS AND RETENTION OF RECORDS: Upon receipt of reasonable advance notice, the Assisted Business agrees to provide the Government, Montana Department of Commerce, Legislative Auditor or their authorized agents, access to any records necessary to determine contract compliance. The Assisted Business agrees to create and retain records supporting the BSTF project activities for a period of three years after either the completion date of the Contract or the conclusion of any claim, litigation, or exception relating to the Contract taken by the State of Montana or third party. 10. TERMINATION OF CONTRACT: This Contract may only be terminated in whole or in part as follows: a) Termination Due to Loss or Reduction of Funding. The Government, at its sole discretion, may terminate or reduce the scope of this Contract if available funding sources are eliminated or reduced for any reason. If a termination or modification is so required, the Government may, if sufficient program funds are available, compensate the Assisted Business for eligible services rendered and actual, necessary, and eligible expenses incurred as of the revised termination date. The Government will notify the Assisted Business of the effective date of the termination or modification of this Contract and, if a reduction in funding is required, will provide the Assisted Business with a modified Project budget. b) Termination for Cause with Notice to Cure Requirement. The Government may terminate this Contract for failure of the Assisted Business, its contractors, or subcontractors to perform or comply with any of the services, duties, terms or conditions contained in this Contract after giving the Assisted Business written notice of the stated failure. The written notice will demand performance of the stated failure within a specified period of time of not less than thirty (30) days. If the demanded performance is not completed within the specified period, the termination is effective at the end of the specified period. c) Effect of Termination. In the event of termination due to the Assisted Business’s, its contractors', or subcontractors' failure to perform or comply with any of the services, duties, terms, or conditions of this Contract, any costs incurred will be the responsibility of the Assisted Business. However, at its sole discretion, the Government may approve requests by the Assisted Business for reimbursement of expenses incurred. The Government’s decision to authorize payment of any costs incurred or to recover expended Program funds 90 Business Assistance Agreement and Management Plan 5 City of Bozeman/Profitable Ideas Exchange MT-BSTF-1-21-19 will be based on a consideration of the extent to which the expenditure of those funds represented a good faith effort of the Assisted Business to comply with the any of those services, duties, terms, or conditions of this Contract, and on whether the failure to comply with any of those services, duties, terms, or conditions resulted from circumstances beyond the Assisted Business’s control. 11. COMPLIANCE WITH LAWS: The Assisted Business must, in performance of work under this Contract, fully comply with all applicable federal, state, local and tribal laws, rules and regulations, including Executive Order No. 12-2015 Amending and Providing For Implementation of the Montana Sage Grouse Conservation Strategy , the Montana Human Rights Act, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973 and the Patient Protection and Affordable Care Act (“Affordable Care Act”). Any subletting or subcontracting by the Assisted Business subjects subcontractors to the same provisions. In accordance with Mont. Code Ann. § 49-3-207, Executive Order No. 04-2016, the Assisted Business agrees that the hiring of persons to perform the Contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, sex, pregnancy, childbirth or medical conditions related to childbirth, political or religious affiliation or ideas, culture, creed, social origin or condition, genetic information, sexual orientation, gender identity or expression, national origin, ancestry, age, disability, military service or veteran status, or marital status. The Affordable Care Act requires an Assisted Business, if the Assisted Business is an applicable large employer under the ACA, to provide healthcare coverage for its employees, who provide services for the State and work for 30 or more hours per week. This coverage must also cover the eligible employee’s dependents under the age of 26. The coverage must (a) meet the minimum essential coverage, minimum value, and affordability requirements of the employer responsibility provisions under Section 4980H of the Code (ACA), and (b) otherwise satisfy the requirements of the Code § 4980 H (ACA) if provided by the State. 12. NONDISCRIMINATION AND EQUAL PAY: The Assisted Business agrees that all hiring by Assisted Business of persons performing this Agreement shall be on the basis of merit and qualifications. The Assisted Business will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Assisted Business will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Assisted Business shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Assisted Business 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). Assisted Business must report to the City any violations of the Montana Equal Pay Act 91 Business Assistance Agreement and Management Plan 6 City of Bozeman/Profitable Ideas Exchange MT-BSTF-1-21-19 that Assisted Business has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Assisted Business shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 13. INDEMNITY/WAIVER OF CLAIMS/INSURANCE: To the fullest extent permitted by law, Assisted Business agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Assisted Business; or (ii) any negligent, reckless, or intentional misconduct of any of the Assisted Business’s agents. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Assisted Business’s indemnity shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Assisted Business to assert its right to defense or indemnification under this Agreement or under the Assisted Business’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Assisted Business was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Assisted Business waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the award of funds under this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. 14. 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. 92 Business Assistance Agreement and Management Plan 7 City of Bozeman/Profitable Ideas Exchange MT-BSTF-1-21-19 Andi Baldwin, Partner, Managing Director Date Profitable Ideas Exchange, Inc. Renee Storm, Human Resources Manager Date Profitable Ideas Exchange, Inc. Jeff Mihelich, City Manager Date City of Bozeman ATTEST: ______________________________ _____________________________ Mike Maas, City Clerk Legal Review 93 Business Assistance Agreement and Management Plan 8 City of Bozeman/Profitable Ideas Exchange MT-BSTF-1-21-19 Exhibit A MANAGEMENT PLAN On April 1, 2021, the City of Bozeman was awarded a grant from the Big Sky Economic Development Trust Fund (BSTF) Program to assist Profitable Ideas Exchange, Inc. with the purchase of computers, equipment and wage reimbursement and the creation of jobs in Montana. Prospera Business Network (PBN) will be responsible for assisting with the administration of the BSTF grant. This Management Plan is written to assure proper management of the BSTF grant, which includes financial management of grant funds, compliance with state and federal requirements, and the timely start-up and completion of project activities. A. ADMINISTRATIVE STRUCTURE 1. City of Bozeman GOVERNMENT The following persons will have lead responsibility for administering the Government’s BSTF grant to facilitate an expansion of the Assisted Business: a. Jeff Mihelich, as the City Manager of the City of Bozeman, will have responsibility for all official contacts with the Montana Department of Commerce (Department). The City of Bozeman Commissioners will have the ultimate authority and responsibility for the implementation of the Government’s BSTF grant to facilitate an expansion of the Assisted Business. The City of Bozeman Commissioners will approve and sign administrative documents and approve all payment requests to the BSTF program. The City of Bozeman Commissioners will approve all contracts and payment requests. The telephone number for the Chief Elected Official is (406) 582-2383. b. Greg Sullivan, City of Bozeman’s Attorney, will review any proposed contractual agreements associated with the BSTF grant, advise the Commissioners regarding the agreements, and provide any other legal guidance as requested. Telephone: (406) 582-2309. c. Kristin Donald, City of Bozeman, Finance Director, has been designated as the Fiscal Officer and will be responsible for maintaining all financial records related to the BSTF grant funds for the Government. Telephone: (406) 582-2321. d. Mike Maas, City Clerk, will be responsible for maintaining all official records related to the BSTF grant for the Government. Telephone: (406) 582-2321 e. Brit Fontenot, City of Bozeman, Director of Economic Development, has been designated as the Project Manager and will be responsible for maintaining records related to the management of the BSTF grant funds for the Government. This contact will be the liaison between the EDO, the Commissioners and the Government Attorney. Telephone: (406) 582-2258. 2. Prospera Business Network, ECONOMIC DEVELOPMENT ORGANIZATION (EDO) The EDO will provide general technical assistance, coordination of funding sources, assurances of compliance with all applicable state requirements for the BSTF grant program. The Government 94 Business Assistance Agreement and Management Plan 9 City of Bozeman/Profitable Ideas Exchange MT-BSTF-1-21-19 has designated the EDO as its Administrator. The following EDO personnel will be responsible for the project: a. Paul Reichert, Executive Director, will be responsible for all official contacts with the Government on behalf of the EDO. Telephone: (406) 587-3113. b. Alexa Freeburg, Grants Manager, will serve as the EDO Administrator and will be responsible for overall coordination of the BSTF grant awarded to the Government. Telephone: (406) 587-3113. 3. Profitable Ideas Exchange, Inc., ASSISTED BUSINESS The following Assisted Business Officer will be responsible for the implementation of the project: a. Renee Storm, Human Resources Manager, will serve as the Business Official for the Assisted Business. This person will have responsibility for all official contacts with the Government. Renee will also serve as the Business Contact for the Assisted Business and will be the liaison with the EDO and the BSTF Department Staff. Telephone: (406) 582-7826. B. PROJECT MANAGEMENT 1. Brit Fontenot, Director of Economic Development, will: a. Work with the EDO Administrator and the Department in the timely execution of the BSTF contract between the Government and the Department. b. Work with the EDO Administrator and the Assisted Business in the development of a Business Assistance Agreement. c. Make appropriate recommendations and route all contract documents, administrative documents, and payments as necessary. d. Review all proposed expenditures of BSTF funds to ensure compliance with the BSTF contract. e. Review, approve, and submit the BSTF payment requests, after preparation by EDO Administrator and approval by the City of Bozeman, to the BSTF Program, Montana Department of Commerce, and ensure disbursement of funds. f. Review and approve all BSTF closeout documents. 2. Prospera Business Network will serve as, EDO Administrator, responsible for the following day to day project activities and will: a. Assisting the Government and the Department in developing the Government contract, along with all the required paperwork, with the Department that will address all requirements related to effective project start-up and implementation. b. Assisting the Government and the Assisted Business with the preparation of a Business Assistance Agreement. 95 Business Assistance Agreement and Management Plan 10 City of Bozeman/Profitable Ideas Exchange MT-BSTF-1-21-19 c. Establishing and maintaining complete and accurate project files and preparing all documentation and reports incidental to administration of the project. d. Assist the assisted business with the baseline and subsequent Job Creation Report and Job Creation Certification. e. Meet regularly with the Assisted Business to monitor the business’s compliance with the requirements of the grant assistance agreement including implementation of the project hiring or hiring/training plan. f. Reviewing all proposed project expenditures or payment requests from the business to ensure their propriety and proper allocation of expenditures to the BSTF project budget. g. In cooperation with the Project Manager, processing payment requests and preparing payment requests for the Department, including the Request for Payment Form and the Project Progress Report with each payment request and quarterly as specified by the Department. h. Assist the Government during the BSTF on-site monitoring visit which is conducted to ensure compliance with the requirements of the BSTF contract. i. Preparing all required performance reports and Project Closeout Certification for submittal to the Department. j. Closing the BSTF project in a timely fashion within the period of the contract between the Department and the Government. k. Attending City of Bozeman Commissioners meetings to provide project status reports and representing the BSTF project at any other public meetings as deemed necessary by the City. l. It is understood and agreed that the EDO’s services within this Management Plan does not include any of the following: the disbursement or accounting of funds distributed by the Government’s financial officer, legal advice, fiscal audits or assistance with activities not related to the BSTF project. 3. Renee Storm with Profitable Ideas Exchange, Inc., will: a. Will oversee the compliance with the proposed Hiring Plan as submitted in the BSTF Application. b. With assistance of the EDO Administrator, prepare the Job Creation Reports, Job Creation Certifications and Progress Reports. c. Provide copies of invoices for reimbursement by the BSTF Program and to satisfy the matching funds requirement. d. Maintain own project files. 96 Business Assistance Agreement and Management Plan 11 City of Bozeman/Profitable Ideas Exchange MT-BSTF-1-21-19 e. Assist the Project Manager, EDO Administrator with monitoring of the project. f. Will notify the Government Project Manager, EDO Administrator and Montana Department of Commerce of any changes within its business structure, business name or changes to its registration with the Montana Secretary of State’s office. C. FINANCIAL MANAGEMENT As designed in the BSTF contract, the total amount of the BSTF award will not exceed $105,000. 1. Government – Awardee The Fiscal Officer will be responsible for: a. Depositing and recording the BSTF funds into the City of Bozeman’s existing accounting system based on claims and supporting documents approved by the Project Manager and City of Bozeman Commissioners. b. Preparing checks/warrants for approved expenditures. c. Disbursing funds in accordance with the Government’s established claim review procedures. d. With the assistance of the Project Manager, preparing the final financial report for the project Closeout Certification. e. The original financial documents (claims with all supporting documents attached) will be retained in the Government’s offices. 2. Economic Development Organization - Administration Funds a. Administrative payments will consist of reimbursement for $400 per eligible net new job created by the Assisted Business b. If an additional award is made for year two to the City of Bozeman, to assist Profitable Ideas Exchange, Inc. and for the creation of up to 18 jobs, that assistance reimbursement would be for additional funds up to $90,000, with up to $7,200 for admin expenses and up to an additional $82,800 to go to Profitable Ideas Exchange, Inc. 3. Assisted Business - Project Funds The Business Contact will be responsible for: a. Supply invoices for reimbursement and match requirement and update the tracking spreadsheet for completeness and accuracy. b. Ensuring accurate deposit for each draw taken and recording the funds into the Assisted Business’s existing accounting system. c. With the assistance of the Project Manager, preparing the final financial report for the project Closeout Certification. 97 Business Assistance Agreement and Management Plan 12 City of Bozeman/Profitable Ideas Exchange MT-BSTF-1-21-19 d. The original financial documents (claims with all supporting documents attached) will be retained in the Assisted Business’s office files for at least three years. The Government’s application to the Department for BSTF funding, dated April 1, 2021, and all applicable federal and state statutes and regulations are incorporated into this Agreement by this reference. This Management Plan will expire once the Montana Department of Commerce officially closes out the BSTF grant award to the Government. WE HAVE READ THE MANAGEMENT PLAN AND ARE AWARE OF THE RESPONSIBILITIES FOR THE MANAGEMENT AND OVERALL SUCCESS OF THE BSTF PROJECT AS THE DESIGNATED LIAISONS FOR THE PROJECT: GOVERNMENT PROJECT MANAGER GOVERNMENT FISCAL OFFICER Brit Fontenot Date Kristin Donald Date Director of Economic Development Finance Director City of Bozeman City of Bozeman Prospera Business Network (EDO): BUSINESS CONTACT Paul Reichert Date Andi Baldwin Date Alexa Freeburg Date Renee Storm Date 98 Business Assistance Agreement and Management Plan 13 City of Bozeman/Profitable Ideas Exchange MT-BSTF-1-21-19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 8th day of June, 2021. Jeff Mihelich Date City Manager, City of Bozeman Renee Storm, Human Resources Manager Date Profitable Ideas Exchange, Inc. 99 Page 1 of 15 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-21-19 Montana Department of Commerce Updated 12-2-20 City of Bozeman MONTANA DEPARTMENT OF COMMERCE BIG SKY ECONOMIC DEVELOPMENT TRUST FUND PROGRAM CONTRACT # MT-BSTF-1-21-19 This Contract is entered into by the City of Bozeman, Montana (the “Contractor”), and the Montana Department of Commerce, Helena, Montana (the “Department”). The Contractor and the Department hereby agree to the following terms: Section 1. PURPOSE The purpose of this Contract is to provide funding for Big Sky Economic Development Trust Fund (BSTF) Program (the Program) Economic Development Job Creation Project activities approved by the Department which the Contractor has applied for project funds pursuant to Sections 90-1-201 et seq., Montana Code Annotated (MCA). Program funds have been awarded to assist the Contractor and Profitable Ideas Inc., 815 Manley Rd, Bozeman, MT 59715, (the “Assisted Business”) with purchase of computers, equipment and for wage reimbursement and the creation of jobs in Montana. The Assisted Business has agreed to create 21 eligible net new jobs at the project site located in 815 Manley Rd, Bozeman, MT 59715 (the “Project Site”) in the Contractor’s jurisdictional area within the Contract time period. An eligible net new job is defined as one that is new to the company and has not been filled before April 1, 2021. Eligible new job criteria is a full-time job, meaning a predominantly year-round position requiring an average of 35 hours of work each week, and pays wages that meet or exceed $21.58 per hour, before the value of benefits is added. In addition, the Contractor and the Assisted Business have agreed to a total new investment at the Project Site, which is equal to or greater than $1 for every $1 of BSTF financial assistance received, within this Contract time period. Section 2. SCOPE OF WORK The Contractor hereby agrees to engage in Project activities as set forth in the Contractor’s application, including any written modifications resulting from the review of the application by the Department for Project assistance, all of which, by this reference are made a part hereof. The major components of the Project include the purchase of computers, equipment and for wage reimbursement, and documentation that the matching requirement has been met and documentation of eligible job creation in Bozeman, Montana, and the administration of this Contract. DocuSign Envelope ID: 528FF001-6D0A-4881-A695-597F42A107C4 100 Page 2 of 15 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-21-19 Montana Department of Commerce Updated 12-2-20 City of Bozeman The Contractor, at the request of and in the manner prescribed by Department, shall install and display temporary signage providing recognition of the support provided by Department. Section 3. AUTHORITY This Contract is issued under authority of Title 90, Chapter 1, Part 2, Montana Code Annotated, and the Administrative Rules of Montana, Title 8, Chapter 99. Section 4. APPLICATION INCORPORATED BY REFERENCE The Contractor’s application for Program assistance and all appendices thereto, including any written modifications resulting from the review of the application by the Department (collectively, the “Project”), is incorporated into this Contract by this reference and the representations made therein are binding on the Contractor. Section 5. ACCEPTANCE OF PROGRAM REQUIREMENTS (a) The Contractor shall comply with all applicable local, state, tribal, and federal laws, regulations, ordinances, and resolutions, and all administrative directives and procedures established by the Department, including all the provisions, guidelines and requirements set forth on the Program’s website: http://bstf.mt.gov. (b) The Contractor expressly agrees to repay to the Department any funds advanced under this Contract that the Contractor, or its contractors, subcontractors, or sub recipient entities, or any public or private agent or agency to which it delegates authority to carry out portions of this Contract, expends in violation of the terms of this Contract, the statutes and regulations governing the Program, or any applicable local, state, tribal, or federal requirements. Section 6. EFFECTIVE DATE AND TIME OF PERFORMANCE (a) This Contract shall take effect on April 1, 2021 and will terminate upon completion of the final closeout by the Department, or by April 1, 2022, whichever comes first, unless otherwise terminated in accordance with the terms of this Contract. The employment level of Profitable Ideas Inc. one day prior to the contract effective date is 49 permanent, full-time employees onsite, per the certified baseline job report. (b) All Program award monies must be expended by the Contractor within the timeline specified in the Contractor’s application, which by reference is made a part of this Contract. The Contractor may modify the implementation schedule set forth in the Contractor’s application only upon obtaining prior approval of the Department. (c) Each party, after termination of this Contract, remains subject to and obligated to comply with all legal and continuing contractual obligations arising in relation to its DocuSign Envelope ID: 528FF001-6D0A-4881-A695-597F42A107C4 101 Page 3 of 15 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-21-19 Montana Department of Commerce Updated 12-2-20 City of Bozeman duties and responsibilities that may arise under the contract including, but not limited to, record retention, audits, and indemnification. d) The Department reserves the right to extend this Contract based on but not limited to the Contractor’s performance of the contracted activities, the Contractor’s compliance with program requirements and the availability of program funding. Section 7. BUDGET (a) The total amount to be awarded to the Contractor under this Contract will not exceed $105,000 to be used as follows: • Up to $96,600 or $4,600 per job to assist the Assisted Business with the purchase of computers, equipment and for wage reimbursement; and • Up to $8,400 or $400 per job for eligible administrative expenses. (b) The Project budget is set forth in the application, as submitted by the Contractor and approved by the Department, and as specifically incorporated by this reference. The Department must approve budget adjustments to the Project in advance. To obtain approval of a budget adjustment, the Contractor shall describe the rationale for a budget adjustment in writing to the Department. (c) Any Project expenses the Contractor fails to incur on or before April 1, 2022 will revert to the Big Sky Economic Development Trust Fund. (d) The total amount to be awarded to the Contractor under the Contract shall be up to $5,000 per eligible net new job created by the Assisted Business for documented costs with reimbursement not to exceed a total of $105,000 for the entire Contract. The Department will not reimburse the Contractor for any costs incurred prior to April 1, 2021, nor for any expenses not included in the approved budget or not clearly and accurately supported by the Contractor’s records. Section 8. CONDITIONS ON METHOD OF REIMBURSEMENT (a) The Contractor and the Assisted Business shall satisfy the matching funds requirements consistent with the purposes expressed in the application during the period of the Contract and shall meet or exceed the 1:1 required match ratio. (b) Unless otherwise authorized by the Department, the Contractor may receive award funds periodically over the Contract period only upon documenting the expenditure of the required matching funds and the creation of the eligible net new jobs by the Assisted Business, and after incurring eligible expenses. DocuSign Envelope ID: 528FF001-6D0A-4881-A695-597F42A107C4 102 Page 4 of 15 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-21-19 Montana Department of Commerce Updated 12-2-20 City of Bozeman (c) The Department will use funds appropriated for the Program to fund awards to those entities that have received a Notice of Award letter. The Contractor acknowledges that its access to Program funds is subject to their availability. (d) The Department agrees that, if and when the funds described in paragraph (a) of this Section are available, the Department will authorize the Contractor to request payment from Program funding awarded for the Contractor’s Project. In requesting reimbursement, the Contractor will follow the instructions supplied by the Department. (e) The Contractor shall satisfy the matching funds requirements consistent with the purposes expressed in the Contractor’s application during the period of the Contract. (f) The Department will only release funds to reimburse eligible and documented costs. Funds can be requested by sending a Request for Payment, in the format prescribed by the Department, signed by duly authorized representatives of the Contractor. (g) As further set forth in Section 5 ACCEPTANCE OF PROGRAM REQUIREMENTS, and Section 24 TERMINATION OF CONTRACT, if the Contractor fails to or is unable to comply with any of the terms and conditions of this Contract, any costs incurred will be the Contractor’s sole responsibility and the Contractor agrees to repay to the Department any funds advanced under the Contract. (h) Once the Department has determined a Request for Payment to be complete, the Department is allowed thirty (30) working days to process a Request for Payment. The Contractor shall provide signatory and banking information at the time of Contract execution in order to facilitate electronic funds transfer payments. The Department may withhold payments to the Contractor if the Contractor has breached the terms of this Contract. (i) If actual Project expenses are less than projected in the budget, the Department, at its discretion, may reduce the amount of BSTF funds to be provided to the Contractor accordingly. (j) If the Department determines that the Contractor has failed to satisfactorily carry out its responsibilities under this Contract, the Department may withhold payment to the Contractor until such time as the parties agree on a plan to remedy the deficiency. (k) The Department reserves the right to withdraw a commitment of any Program funds for projects not ready to proceed within three (3) months after the date of tentative award. DocuSign Envelope ID: 528FF001-6D0A-4881-A695-597F42A107C4 103 Page 5 of 15 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-21-19 Montana Department of Commerce Updated 12-2-20 City of Bozeman (l) If the Assisted Business creates an eligible new job but fails to sustain that job for the requisite duration, then the Contractor shall reimburse the Department all funds received for that job. If the Assisted Business fails to create the required number of jobs, then the Contractor shall reimburse the Department the difference between the total amount advanced and the amount attributable to actual jobs created. If the Assisted Business ceases operation at the Project Site, then the Contractor shall reimburse the Department all funds received under this Contract. (m) At the request of the Department, Requests for Payment for contracted or subcontracted services must attach appropriate documentation demonstrating compliance with contract requirements. (n) The Contractor may not use monies provided through this Contract as payment for Project costs that are reimbursed from other sources. (o) The Department will withhold ten percent (10%) of the total amount awarded to the Contractor until the Department approves the complete job creation project and all tasks outlined in Section 2 SCOPE OF WORK are completed by the Contractor and approved by the Department. Section 9. REPORTING REQUIREMENTS (a) Quarterly Project Progress Reports. Unless otherwise specified by the Department, the Contractor will also submit Project Progress Reports quarterly to the Department until the Contractor receives Contract closeout approval from the Department. The Project Progress Report must be provided on or before April 30th to cover the January 1-March 31 reporting period, July 31st to cover the April 1-June 30 reporting period, October 31st to cover the July 1-September 30 reporting period, and January 31st to cover the October 1-December 31 reporting period, for each year of the Contract period and at closeout of the Contract. These reports will describe the status of the activities set forth in Section 2 SCOPE OF WORK, including, at a minimum: • Certified employment documentation from the Assisted Business that includes the breakdown of jobs created, using the Job Status Spreadsheet with Progress Report and Job Certification Form. Narrative Progress Report should include the following items: o detailing progress towards achieving the hiring objectives and project goals that were described in the application; o projected completion date; o any difficulties encountered in working towards these goals; o any changes within the assisted business structure, business name or changes to its registration with the Montana Secretary of State’s office; o any other pertinent information. DocuSign Envelope ID: 528FF001-6D0A-4881-A695-597F42A107C4 104 Page 6 of 15 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-21-19 Montana Department of Commerce Updated 12-2-20 City of Bozeman (b) The report must also describe any significant problems encountered in carrying out the Project and the scope of any necessary modifications the Contractor is requesting in the SCOPE OF WORK, BUDGET, or Project implementation schedule. The State, at its discretion, may decline to honor the final ten percent (10%) Request for Payment if any required project progress reports have not been submitted. (c) Request for Payment with Report. Request for Payment with reports must include all items listed in Section 9(a), plus the following: • The Request for Payment Form signed by two authorized representatives, • Project Progress Report detailing progress towards achieving the hiring objectives and project goals that were described in the application as well as describing any difficulties encountered in working towards these goals, • Approved documentation verifying eligible costs were incurred, • Documentation of matching funds expended to date. (d) Project Closeout. Upon completion of the final Project, the Contractor will submit a signed final Project Completion Report. The Project Completion report should include all items in Section 9(a) and (c), with a request for payment for the final 10% of the award. • Once the Department accepts the final Project Completion Report and the final payment is processed, the Contractor will complete a Closeout Certification Form. • Once the Department approves the Closeout Certification Form from the Contractor, the Department will officially closeout the project and send a letter of closeout to the Contractor. The Department may request additional documentation, when in the exercise of its judgment such documentation is needed to confirm performance. To assist the Department with program performance reporting, the BSTF award recipient may be required to provide annual project updates for 3 years after the close of the contract. Section 10. LIAISONS The contact persons for this Contract are: For the Department: Chris Reeder (or successor) Program Specialist, Big Sky Economic Development Trust Fund Program, MDOC P.O. Box 200505 Helena, MT 59620-0505 406-841-2792 For the Contractor: DocuSign Envelope ID: 528FF001-6D0A-4881-A695-597F42A107C4 105 Page 7 of 15 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-21-19 Montana Department of Commerce Updated 12-2-20 City of Bozeman Jeff Mihelich (or successor) City Manager, City of Bozeman PO Box 1230 Bozeman, MT 59771 (406) 582-2306 Section 11. PROJECT MEETINGS (a) Progress Meetings. During the term of the Contract, the Department may plan and schedule progress meetings with the Contractor to discuss the progress made by the Contractor and the Department in the performance of their respective obligations. These progress meetings may include the parties’ liaisons and any other additional personnel involved in the performance of the contract as required. At each such meeting, the Contractor may be requested to provide the Department with a written status report that identifies any problem or circumstance encountered by the Contractor, or of which the Contractor gained knowledge during the period since the last such status report, which may prevent the Contractor from completing any of its obligations or may generate charges in excess of those previously agreed to by the parties. Contractor may be requested to identify the amount of excess charges, if any, and the cause of any identified problem or circumstance and the steps taken to remedy the same. (b) Technical or Contractual Problems. The Contractor is required to meet with the Department’s liaison to resolve technical or contractual problems that may occur during the term of the Contract, at no additional cost to the Department. Meetings will occur as problems arise and will be coordinated by the Department. Failure to participate in problem resolution meetings or failure to make a good faith effort to resolve problems may result in termination of the Contract. Section 12. ACCESS TO AND RETENTION OF RECORDS The Contractor shall create and maintain records of the services covered by this Contract, including but not limited to financial records, supporting documents, and such other records as are required by law or other authority, and to provide the Department, Montana Legislative Auditor, or their authorized agent’s access to any records necessary to determine contract compliance. (Mont. Code Ann. § 18-1-118.) The Contractor agrees to create and retain records supporting the services rendered or supplies delivered for a period of three (3) years after either the completion date of the Contract or the conclusion of any claim, litigation, or exception relating to the Contract taken by the State of Montana or third party, whichever is later. These records will be kept in the Contractor’s offices in Bozeman, Montana. Section 13. PROJECT MONITORING DocuSign Envelope ID: 528FF001-6D0A-4881-A695-597F42A107C4 106 Page 8 of 15 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-21-19 Montana Department of Commerce Updated 12-2-20 City of Bozeman (a) The Department or any of its authorized agents may monitor and inspect all phases and aspects of the Contractor’s performance to determine compliance with the SCOPE OF WORK, the proper use of Program funds, and other technical and administrative requirements of this Contract, including the adequacy of the Contractor’s records and accounts. The Department will advise the Contractor of any specific areas of concern and provide the Contractor opportunity to propose corrective actions acceptable to the Department. (b) Failure by the Contractor to proceed with reasonable promptness to take necessary corrective actions shall be a default. If the Contractor’s corrective actions remain unacceptable, the Department may terminate this Contract in whole or in part or reduce the contract price or award to reflect the reduced value of services received. Section 14. COMPLIANCE WITH APPLICABLE LAWS Contractor shall, in performance of work under this Contract, fully comply with all applicable federal, state, or local laws, rules, regulations, and executive orders including but not limited to, the Montana Human Rights Act, the Equal Pay Act of 1963, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Contractor is the employer for the purpose of providing healthcare benefits and paying any applicable penalties, fees and taxes under the Patient Protection and Affordable Care Act [P.L. 111-148, 124 Stat. 119]. Any subletting or subcontracting by Contractor subjects subcontractors to the same provisions. In accordance with 49-3-207, MCA, and Executive Order No. 04-2016. Contractor agrees that the hiring of persons to perform this Contract will be made on the basis of merit and qualifications and there will be no discrimination based on race, color, sex, pregnancy, childbirth or medical conditions related to pregnancy or childbirth, political or religious affiliation or ideas, culture, creed, social origin or condition, genetic information, sexual orientation, gender identity or expression, national origin, ancestry, age, disability, military service or veteran status, or marital status by the persons performing this Contract. Section 15. AVOIDANCE OF CONFLICT OF INTEREST The Contractor will comply with all applicable laws regarding the avoidance of conflict of interest. In addition, the Contractor agrees that none of its officers, employees, or agents will solicit or accept gratuities, favors, or anything of monetary value from contractors, subcontractors, or potential contractors and subcontractors, who provide or propose to provide services relating to the project funded under this Contract. Section 16. ACCOUNTING, COST PRINCIPLES, AND AUDITING DocuSign Envelope ID: 528FF001-6D0A-4881-A695-597F42A107C4 107 Page 9 of 15 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-21-19 Montana Department of Commerce Updated 12-2-20 City of Bozeman (a) The Contractor, in accordance with Section 18-4-311, MCA and other authorities, must maintain for the purposes of this Contract an accounting system of procedures and practices that conforms to Generally Accepted Accounting Principles (GAAP). (b) The Department or any other legally authorized governmental entity or their authorized agents may, at any time during or after the term of this Contract, conduct, in accordance with Sections 2-7-503, 5-13-304, and 18-1-118, MCA and other authorities, audits for the purposes of ensuring the appropriate administration, expenditure of the monies, and delivery of services provided through this Contract. Section 17. OWNERSHIP AND PUBLICATION OF MATERIALS All reports, information, data, and other materials prepared by the Contractor, or any of its contractors or subcontractors, in furtherance of this Contract are the property of the Contractor and the Department, which both have the royalty-free, nonexclusive, and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, in whole or part, such property and any information relating thereto. No material produced in whole or part under this Contract may be copyrighted or patented in the United States or in any other country without the prior written approval of the Department and the Contractor. Section 18. ASSIGNMENT, TRANSFER, AND SUBCONTRACTING (a) The Contractor may not assign, transfer, delegate, or subcontract, in whole or part, this Contract or any right or duty arising under this Contract, unless the Department in writing approves the assignment, transfer, delegation, or subcontract. (b) Any assignment, transfer, delegation, or subcontract entered into by the Contractor must be in writing, must be subject to the terms and conditions of this Contract, and must contain any further conditions as may be required by the Department. (c) The Department’s approval of any assignment, transfer, delegation, or subcontract neither makes the Department a party to that contract nor creates any right, claim, or interest in favor of any party to that contract against the Department. (d) The Contractor must immediately notify the Department of any litigation concerning any assignment, transfer, delegation, or subcontract. Section 19. HOLD HARMLESS AND INDEMNIFICATION The Contractor agrees to protect, defend, and save the Department, its elected and appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, causes of action of any kind or DocuSign Envelope ID: 528FF001-6D0A-4881-A695-597F42A107C4 108 Page 10 of 15 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-21-19 Montana Department of Commerce Updated 12-2-20 City of Bozeman character, including the cost of defense thereof, to the extent arising in favor of the Contractor’s employees or third parties on account of bodily or personal injuries, death, or damage to property arising out of Contractor’s negligence in connection with services performed or omissions of services or in any way resulting from the negligent acts or omissions of the Contractor and/or its agents, employees, representatives, assigns, contractors, subcontractors, except the sole negligence of the Department under this agreement. Section 20. INSURANCE (a) General Requirements. Contractor shall maintain and shall assure that its representatives, assigns, and subcontractors maintain for the duration of the Contract, at their own cost and expense, liability insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the duties and obligations in the Contract by Contractor, its agents, employees, representatives, assigns, or subcontractors. This insurance shall cover such claims as may be caused by any negligent act or omission. The Department, its officers, officials, and employees are to be covered as additional insured for all claims arising out of the use of award proceeds provided by the State of Montana. (b) Primary Insurance. Contractor’s insurance coverage shall be primary insurance with respect to the State of Montana, its elected or appointed officers, officials, and employees and the state’s insurance shall not contribute with it. (c) General Liability Insurance. At its sole cost and expense, the Contractor shall purchase occurrence coverage with minimum combined single limits of $1 million per occurrence and $2 million aggregate per year, or as established by statutory Tort limits of $750,000 per claim and $1,500,000 per occurrence as provided by a self-insurance pool insuring counties, cities, or towns, as authorized under Section 2-9-211, MCA. (d) Professional Liability Insurance. Contractor shall assure that any representatives, assigns, and subcontractors performing professional services under this Contract purchase occurrence coverage with combined single limits for each wrongful act of $1,000,000 per occurrence and $2,000,000 aggregate per year. Note: if "occurrence" coverage is unavailable or cost prohibitive, the Contractor may provide "claims made" coverage provided the following conditions are met: (I) the commencement date of the contract must not fall outside the effective date of insurance coverage and it will be the retroactive date for insurance coverage in future years; and (2) the claims made policy must have a three (3) year tail for claims that are made (filed) after the cancellation or expiration date of the policy. (e) Property Insurance. At its sole cost and expense, the Contractor shall maintain property and hazard insurance, including course of construction coverage, and earthquake insurance in areas where there is a shaking level above 10g (see map DocuSign Envelope ID: 528FF001-6D0A-4881-A695-597F42A107C4 109 Page 11 of 15 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-21-19 Montana Department of Commerce Updated 12-2-20 City of Bozeman at http://www.rmtd.mt.gov/content/aboutus/publications/files/NEHRP.pdf) for loss or damage for any building and all related improvements and contents therein on the premises on a replacement cost basis throughout the term of the contract. (f) General Provisions. All insurance coverage shall be placed with a carrier licensed to do business in the State of Montana or by a domiciliary state and with a Best's rating of at least A-, or by a public entity self-insured program either individually or on a pool basis as provided by Title 2, MCA. All certificates and endorsements are to be received by the Department prior to beginning any activity provided for under the Contract. Contractor shall notify the Department immediately of any material change in insurance coverage, such as changes in limits, coverage, change in status of policy, etc. The Department reserves the right to request complete copies of Contractor's insurance policy including endorsements at any time. Section 21. INDEPENDENT CONTRACTOR The Contractor and its employees or agents performing under this Contract are not employees or agents of the Department. The Contractor will not claim to be an officer or employee of the Department by reason of this Contract, nor will it make any claim of right, privilege or benefit which would accrue to a civil service employee of the State of Montana. Section 22. DEBARMENT The Contractor certifies and agrees to ensure during the term of this Contract that neither it nor its principals, contractors, or subcontractors are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Contract by any governmental department or agency. If the Contractor cannot certify this statement, it has attached a written explanation for review by the Department. Section 23. CONTRACT AMENDMENT Except as otherwise set forth herein, this Contract may not be enlarged, modified, or altered except upon written agreement by all parties to the Contract. Section 24. TERMINATION OF CONTRACT This Contract may only be terminated in whole or in part as follows: (a) Termination Due to Loss or Reduction of Funding. The Department, at its sole discretion, may terminate or reduce the scope of this Contract if available funding sources are eliminated or reduced for any reason. If a termination or modification is so required, the Department may, if sufficient program funds are available, compensate the Contractor for eligible services rendered and actual, necessary, DocuSign Envelope ID: 528FF001-6D0A-4881-A695-597F42A107C4 110 Page 12 of 15 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-21-19 Montana Department of Commerce Updated 12-2-20 City of Bozeman and eligible expenses incurred as of the revised termination date. The Department will notify the Contractor of the effective date of the termination or modification of this Contract and, if a reduction in funding is required, will provide the Contractor with a modified Project budget. (b) Termination for Cause with Notice to Cure Requirement. The Department may terminate this Contract for failure of the Contractor, its contractors, or subcontractors to perform or comply with any of the services, duties, terms or conditions contained in this Contract after giving the Contractor written notice of the stated failure. The written notice will demand performance of the stated failure within a specified period of time of not less than thirty (30) days. If the demanded performance is not completed within the specified period, the termination is effective at the end of the specified period. (c) Effect of Termination. In the event of termination due to the Contractor's, its contractors', or subcontractors' failure to perform or comply with any of the services, duties, terms, or conditions of this Contract, the Contractor shall return all funds received under this Contract. Any costs incurred will be the responsibility of the Contractor. However, at its sole discretion, the Department may approve requests by the Contractor for reimbursement of expenses incurred. The Department’s decision to authorize payment of any costs incurred or to recover expended Program funds will be based on a consideration of the extent to which the expenditure of those funds represented a good faith effort of the Contractor to comply with the any of those services, duties, terms, or conditions of this Contract, and on whether the failure to comply with any of those services, duties, terms, or conditions resulted from circumstances beyond the Contractor's control. Section 25. DEFAULT Failure on the part of either party to perform the provisions of the Contract constitutes default. Default may result in the pursuit of remedies for breach of contract as set forth herein or as otherwise legally available, including but not limited to damages and specific performance. Section 26. NO WAIVER OF BREACH No failure by the Department to enforce any provisions hereof after any event of breach shall be deemed a waiver of its rights with regard to that event, or any subsequent event. No express failure of any event of breach shall be deemed a waiver of any provision hereof. No such failure or waiver shall be deemed a waiver of the right of the Department to enforce each and all of the provisions hereof upon any further or other breach on the part of the Contractor. Section 27. COMPLIANCE WITH WORKERS’ COMPENSATION ACT DocuSign Envelope ID: 528FF001-6D0A-4881-A695-597F42A107C4 111 Page 13 of 15 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-21-19 Montana Department of Commerce Updated 12-2-20 City of Bozeman The Contractor accepts responsibility for supplying, and requiring all subcontractors to supply, the Department with proof of compliance with the Montana Workers’ Compensation Act while performing work for the State of Montana. (Mont. Code Ann. §§ 39-71-401, 39-71-405, and 39-71-417.) Neither the Contractor nor its employees are employees of the State. The proof of insurance/exemption must be in the form of workers’ compensation insurance, an independent contractor exemption, or documentation of corporate officer status and must be received by the Department within 10 working days of the execution of this Contract, and must be kept current for the entire term of the contract. CONTRACTS WILL BE TERMINATED PURSUANT TO THE PROVISIONS OF SECTION 24 TERMINATION OF CONTRACT IF THE CONTRACTOR FAILS TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. Coverage may be provided through a private carrier or through the State Compensation Insurance Fund (406) 444-6500. An exemption can be requested through the Department of Labor and Industry, Employment Relations Division (406) 444-1446. Corporate officers must provide documentation of their exempt status. Section 28. FORCE MAJEURE Neither party shall be responsible for failure to fulfill its obligations due to causes beyond its reasonable control, including without limitation, acts or omissions of government or military authority, acts of God, materials shortages, transportation delays, fires, floods, labor disturbances, riots, wars, terrorist acts, or any other causes, directly or indirectly beyond the reasonable control of the non-performing party, so long as such party is using its best efforts to remedy such failure or delays. Section 29. SEPARABILITY A declaration by any court, or any other binding legal forum, that any provision of the Contract is illegal and void shall not affect the legality and enforceability of any other provision of the Contract, unless the provisions are mutually dependent. Section 30. NOTICE All notices required under the provisions of the Contract must be in writing and delivered to the parties’ liaisons identified herein either by first class mail or personal service. Section 31. NO ARBITRATION DocuSign Envelope ID: 528FF001-6D0A-4881-A695-597F42A107C4 112 Page 14 of 15 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-21-19 Montana Department of Commerce Updated 12-2-20 City of Bozeman Unless otherwise agreed to in writing or provided for by law, arbitration is not available to the parties as a method of resolving disputes that would arise under the Contract. Section 32. REFERENCE TO CONTRACT The Contract number must appear on all invoices, reports, and correspondence pertaining to the Contract. Section 33. JURISDICTION AND VENUE This Contract is governed by the laws of Montana. The parties agree that any litigation concerning this Contract must be brought in the First Judicial District in and for the County of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney fees. (Section 18-1-401, MCA). Section 34. FUNDING ACKNOWLEDGEMENT All materials developed wholly or in part by the funding provided under the Contract shall state that “The funding for the (insert name of project) was funded (in part, if applicable) by an award from the Montana Department of Commerce.” Any variations from this language must be approved by the Department prior to use. The Department of Commerce logo is also available for use upon request. Section 35. INTEGRATION This contract contains the entire agreement between the parties, and no statements, promises, or inducements of any kind made by either party, or the agents of either party, not contained herein or in a properly executed amendment hereto are valid or binding. Amendments to this contract must be signed by both parties. IN WITNESS OF THE TERMS SET OUT ABOVE, the parties hereto have caused this Contract to be executed on the dates set out below. By: ________________________________________________________________ Jeff Mihelich Date City Manager, City of Bozeman ATTEST: _______________________________________________________________ Mike Maas City Clerk, City of Bozeman Date DocuSign Envelope ID: 528FF001-6D0A-4881-A695-597F42A107C4 5/19/2021 5/19/2021 113 Page 15 of 15 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-21-19 Montana Department of Commerce Updated 12-2-20 City of Bozeman By: ________________________________________________________________ Adam Schafer Date Deputy Director, Montana Department of Commerce DocuSign Envelope ID: 528FF001-6D0A-4881-A695-597F42A107C4 5/19/2021 114 TO: Jeff Mihelich, City Manager FROM: Kristin Donald, Finance Director DATE: SUBJECT: Administrative Budget Amendment (Grant)- Big Sky Trust Fund Award BACKGROUND: This budget amendment is to authorize the receipt and expenditure of the Big Sky Trust Fund Award made to the City of Bozeman for pass-through to Profitible Ideas Exchange (P.I.E). The City has contracted with Prospera for the administration of the grant for Profitible Ideas Exchange (P.I.E) (MT-BSTF-1-21-19). 123-0000-331.20-00 GRANTS/STATE GRANTS $105,000 123-8240-459.70-99 OTHER/General $105,000 Project Code: 821515 Please sign below to demonstrate your approval of the roll forward of the funds in the attachment. __________________________________________ ________________ Jeff Milhelich, City Manager Dtae Kristin Donald Finance Director Attached: DocuSign Envelope ID: 5B2D60D3-0272-4BD5-A3FD-95D78C890F53 5/25/2021 115 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation Chuck Winn, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Grant Agreement with Gallatin Watershed Council for Interpretive Signage Project MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Authorize the City Manager to sign a grant agreement with Gallatin Watershed Council for interpretive signage project. STRATEGIC PLAN:5.3 Partnerships for Education and Learning: Strengthen and support partnerships for arts and culture with a wide variety of individuals, organizations, and institutions to enhance and improve education and learning in Bozeman. BACKGROUND:On December 8, 2020, Gallatin Watershed Council was awarded a grant of up to $28,380 via Resolution 5239 for the creation of interpretive signage to illustrate watershed health issues. The grant agreement establishes terms for completion of the project and payment of associated costs. PROJECT BACKGROUND As the City expands westward and south of town, the frequency of watercourse and wetland incorporation within or adjacent to City of Bozeman Parks is apparent. As part of developers appeal to the City to accept watercourse features into the design of a larger park area, a frequent offer has been interpretive signage to illustrate the importance of these riparian areas within the larger ecosystem and for mitigating the human impacts to water health. Rather than creating one-off signage within individual parks, Staff identified a need to create a cohesive signage package. From there, the Gallatin Watershed Council has taken the lead to create a grant proposal that will eventually lead to well-placed and well-designed signage within our parks system. Gallatin Watershed Council (GWC) staff will work the Parks Division and the relevant Recreation and Parks Advisory Board committees to 116 identify up to 5 themes surrounding watershed health that can be illustrated within City of Bozeman Parks. GWC will coordinate with the artist and design team preparing the illustrations and sign designs for each of these first prototype signs. Beyond that, Staff and GWC will work with new developers proposing Improvements-in-lieu to identify new locations for “spin-off” signs in one of the 5 theme areas. The initial investment of cash-in-lieu funding will make the program more economical, quicker, and, therefore, more likely to be welcomed by developers. Beyond the educational benefits of the project, the program will contribute to the spatial orientation of the park visitor within the greater Gallatin watershed; the ability to quickly understand and identify the creeks, wetlands, or irrigation canals within City Parks; and with the cohesive and complimentary signage illustration and design, increased awareness of the overall Park system. GWC has chosen to work with Katie Christiansen and the Townsend Collective to create the illustrations and sign design. This team of artist and graphic designers created the interpretive signage within Story Mill Community Park and will therefore, deliver a complimentary aesthetic package to the parks system. The signage will also be complimentary to the standard City of Bozeman Park name signs. UNRESOLVED ISSUES:None. ALTERNATIVES:Per Commission. FISCAL EFFECTS:Project funded through the Park Trust fund for cash-in-lieu of parkland. Attachments: 2020 GWC - CILP Grant Agreement.docx ExhibitA_2020 GWC - CILP Grant Application.pdf Resolution 5239 - GWC 2020 Interpretive Signage CILP.pdf Report compiled on: May 20, 2021 117 Grant Agreement – Gallatin Watershed Council Page 1 GRANT AGREEMENT GALLATIN WATERSHED COUNCIL THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and between the City of Bozeman, Montana, a self-governing municipal corporation located at 121 N. Rouse Ave., Bozeman MT 59771 (“City”) as GRANTOR and Gallatin Watershed Council (“GWC”), a nonprofit Montana corporation with a mailing address of P.O. Box 751, Bozeman MT 59771 as GRANTEE. GWC and the City may also hereafter be referred to as “Parties”. WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866 establishing policies for the granting of funds from the City of Bozeman to a requesting entity; and WHEREAS, Section 38.420.030.E., BMC establishes criteria for the use of cash-in-lieu of parkland (CILP); and WHEREAS, the Parks and Recreation Department has established requirements and procedures for submittal and review of CILP applications; and WHEREAS, GRANTEE submitted a proposal to the City Commission for a grant of $28,380 for creation and installation of up to five interpretive sign prototypes regarding watershed health (the “Project”); and WHEREAS, the Water Conservation Division has committed funds up to $6920 for the Project; and WHEREAS, on December 8, 2020, the Commission approved the grant request via Resolution 5239. THE PARTIES AGREE: 1.The Grant. The City will grant and release to GRANTEE a sum of up to twenty-eight thousand three hundred eighty dollars ($28,380) from its Park Land Trust Fund (the “Grant”) pursuant to the payment terms in Section 4 and up to six-thousand twenty dollars ($6,920) from the Water Conservation Division budget. 2.Use of Grant Funds. Grant funds in the amount of up to twenty-eight thousand three hundred eighty dollars ($28,380) will be used by GRANTEE for the sole purpose of reimbursing expenses incurred by GRANTEE, as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. 118 Grant Agreement – Gallatin Watershed Council Page 2 3.Term. The term of this Agreement will commence on the Effective Date and expire on December 30, 2022 unless earlier terminated or extended as provided herein. 4.Payment of Grant Funds a. Payment of Grant funds is contingent on GRANTEE’S compliance with the approved grant presented to the commission. b. GRANTEE may request the Grant funds as reimbursement of City approved expenses paid by GRANTEE or City may pay certain elements of the expenses directly to chosen vendors. A request for Grant funds must be submitted in writing with proof of expenses paid. Acceptable forms of proof of payment shall be as determined in the sole discretion of the City’s Director of Finance. c. GRANTEE may not request the Grant funds as reimbursement for funds provided by another entity or fundraised through its own programs. d. Any funds from the Grant not requested during the term will remain in the City’s Park Land Trust Fund and will be available for other appropriation. e. The City will have no obligation to pay any Grant funds unless at the time of the reimbursement request (i) all of GRANTEE’s representations as set forth in Section 5 are true and correct, and (ii) GRANTEE is not in breach of any term of this Agreement. If any of the above conditions are not satisfied in the determination of the City, the City shall have no obligation to pay any Grant funds and the City’s determination to refrain from paying, or its inability to pay, any Grant funds shall not be or result in a default of this Agreement. 5.Grantee’s Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to City that they have the experience and ability to perform its obligations under this Agreement; that they will perform said obligations in a professional, competent and timely manner and with diligence and skill; that they have the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and 119 Grant Agreement – Gallatin Watershed Council Page 3 municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project. 6.Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE, GRANTEE will provide to the City a formal written report that includes, at a minimum, the proof of expenses paid. GRANTEE agree to develop and/or provide such other documentation as requested by the City demonstrating GRANTEE’ compliance with the requirements of this Agreement. GRANTEE must allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that monies provided to GRANTEE pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. GRANTEE will retain such records for seven years after receipt of final payment under this Agreement unless permission to destroy them is granted by the City. GRANTEE shall not issue any statements, releases or information for public dissemination without prior approval of the City. 7.Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 8.Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. 9.Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, 120 Grant Agreement – Gallatin Watershed Council Page 4 lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE must first provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 10.Representatives a.City’s Representative. The City’s Representative for the purpose of this Agreement shall be Addi Jadin, Parks Planning and Development Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, GRANTEE may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b.GRANTEE’ Representative. GRANTEE’s Representative for the purpose of this Agreement shall be Brooke Helstrom, Program Coordinator, or such other individual as GRANTEE shall designate in writing. Whenever direction to or communication with GRANTEE is required by this Agreement, such direction or communication shall be directed to GRANTEE’s Representative; provided, however, that in exigent circumstances when GRANTEE’s Representative is not available, City may direct its direction or communication to other designated GRANTEE personnel or agents. 11.Permits and Compliance With Laws. GRANTEE will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with construction of the Project. 12.Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, 121 Grant Agreement – Gallatin Watershed Council Page 5 including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or under GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. GRANTEE also waive any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, GRANTEE shall at GRANTEE’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the 122 Grant Agreement – Gallatin Watershed Council Page 6 City without limit and without regard to the cause therefore and which is acceptable to the City and GRANTEE shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 13.Nondiscrimination and Equal Pay. GRANTEE agree that all hiring by GRANTEE of persons performing this Grant Agreement shall be on the basis of merit and qualifications. GRANTEE will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. GRANTEE will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Licensee shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. GRANTEE represent 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). GRANTEE 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. 123 Grant Agreement – Gallatin Watershed Council Page 7 GRANTEE shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 14.Public Meetings and Access to Public Records a. Meetings of GRANTEE’s Board of Directors that pertain to the receipt or expenditure of Grant funds from the City are subject to the open meeting requirements of Montana law, including those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To ensure compliance, GRANTEE will provide agendas for Board meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s office no later than 72 working hours prior to meeting for notice on the City’s official posting board and any other sites deemed reasonable by the Clerk’s office. In addition, meeting minutes will be kept by GRANTEE and provided to the City Clerk’s office no later than 90 days after the meeting. These minutes shall be posted and made available to the public by the City Clerk’s office except for those minutes taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting shall also be provided to the City Clerk’s office but shall be handled in accordance with the City Clerk’s regular executive session protocol and kept private in a secured cabinet. b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopt for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE’ documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney-client relationship between GRANTEE and the City. 15.Attorney’s Fees and Costs. In the event it becomes necessary for a Party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16.Integration and Modification. This document contains the entire agreement between the Parties for Project and no statements, promises or inducements made by either 124 Grant Agreement – Gallatin Watershed Council Page 8 party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17.Dispute Resolution a. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the Parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18.No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 19.No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each Party and their respective successors and assigns. It is not the Parties’ intent to confer third party beneficiary rights upon any other person or entity. 20.Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21.Non-Waiver. A waiver by either party of any default or breach by the other Party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 22.Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23.Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 125 Grant Agreement – Gallatin Watershed Council Page 9 24.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. IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year indicated below. _______________________ Date: __________ Jeff Mihelich, City Manager GRANTOR City of Bozeman _______________________ Date: __________ John Nehring, Board Chair GRANTEE Gallatin Watershed Council Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman 126 Exhibit A Grant Request 127 1 of 2 CASH-IN-LIEU of PARKLAND FUNDING APPLICATION Please complete all sections of the application. Attach additional pages as necessary. Contact Addi Jadin, Parks Planner and Development Manager, for assistance with supplemental requirements or any questions (ajadin@bozeman.net or 582-2908). Park Name(s): _______________________________________________________________________ Name of Project: _____________________________________________________________________________ Location of project within the park and nearest cross-streets: __________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Applicant (Organization):_______________________________________________________________________ Primary Contact: _____________________________________________________________________ Phone: ____________________________ Email: _____________________________ Mailing Address: ______________________________________________________________________ Cash-in-lieu amount requested:___________________________ Match to be provided by applicant (if applicable): ___________________ cash _____________________in-kind Please provide a brief description of the project. Describe existing conditions in the park, proposed improvements, why they are needed, and a desired time frame for completion. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ (see submittal requirements on the next page) 128 2 of 2 Submittal Requirements – Attachments 1) Site layout drawing (site plan) with dimensions of proposed improvements at 1” = 20’ feet or larger scale as well as existing features in the area of the park. 2) Copy of the current park master plan with location of proposed features indicated (contact the Parks Planner and Development Manager for existing master plan). 3) Describe the process utilized for obtaining public input and support for the project (HOA meetings, neighborhood survey, etc.). 4) Details or manufacturer cut sheets of the proposed site improvements. 5) Basic cost estimate for purchased items and installation costs. 6) If applicable, describe in detail how all in-kind contributions will be provided as applicable (matching volunteer labor, donated items, etc.). 7) Describe how the project relates to the goals and stated needs of the City’s Park, Recreation, Open Space, and Trails Plan. 8) Describe the development project source(s) of cash-in-lieu (contact the Parks Planner and Development Manager prior to application). 129 Cash-in-Lieu of Parkland Funding Application for the Gallatin Watershed Council Prototype Design and Installation of Replicable Watershed Educational Signage Description of the project. Purpose: The Gallatin Watershed Council is requesting Cash-in-Lieu (CIL) of parkland funding for the development, design and installation of five interpretive sign panels focused on watershed health. These first signs will be developed as prototypes for GWC’s anticipated city-wide educational signage installation. Replicable watershed educational signage will enhance visitor learning and cumulatively foster a greater appreciation for watershed connectivity and local conservation. Background & Partner Information: The Gallatin Watershed Council (GWC) is a 501(c)3 nonprofit organization founded in 2004, with a Board of Directors representing a variety of stakeholders in the Lower Gallatin Watershed. GWC conducts watershed stewardship education and outreach through their Gallatin Watershed Stewards program. Holly Hill serves as the Executive Director and Brooke Helstrom serves as the Big Sky Watershed Corps Member. Both Holly and Brooke will be responsible for managing the tasks included in this proposal. In January 2020, Addi Jadin, the Parks Planning and Development Manager for the City of Bozeman, approached GWC to discuss the potential of allocating CIL of parkland funding to water related causes. After brainstorming, together we came up with the idea for a cohesive educational signage project focused on watershed health using CIL of parkland funding. GWC then connected with artist and educator Katie Christiansen who has agreed to assist GWC with design and digitization services for the signage project. From 2018-2019, Katie was funded through a National Endowment for the Arts grant to develop comprehensive interpretive resources at the Trust for Public Land’s 60-acre Story Mill Community Park in Bozeman, MT, receiving the 2019 Bold Bozeman award from the Bozeman Beautification Advisory Board. Katie’s intricate watercolor technique creates ecologically-accurate and animated portraits depicting natural and cultural heritage elements. Katie’s design partner, Townshend Collective (TC), is a Bozeman-based company that specializes in branding and digital design. Both Katie and TC will provide a skill and aesthetic identity crucial to the creation of vibrant and high-quality interpretive signage. GWC also connected with Dr. Adam Sigler of MSU Extension Water Quality. Adam has extensive background in watershed science and education in the greater Bozeman area. Adam has received match funding from DEQ to assist in developing an online interface component of the signage. These prototypes will include an interactive QR code that will connect sign content with actionable stewardship, acting as an extension of GWC’s Gallatin Watershed Stewards 1 130 Cash-in-Lieu of Parkland Funding Application for the Gallatin Watershed Council Prototype Design and Installation of Replicable Watershed Educational Signage program. The QR code will lead to an online landing page where the user can interact with and find data sets and action items relevant to each content block. Project Need As parkland within new development is frequently adjacent to watercourses, City staff identified the need to develop a comprehensive sign design rather than having signage created on a development-by-development basis. GWC intends to implement a program for installing up to 25 site-specific interpretive signs that each encapsulate one of five themes: canal/ditches, monitoring locations, underground streams and groundwater, drinking water/wastewater/stormwater, and wetlands. The proposed panels outlined in this application will serve as the first replicable signs within this larger program. The applicant’s hope is for installation of educational signage to begin as a suggestion made by Parks staff to developers who are planning to include watercourses, setbacks, etc. into their larger park plans. Eventually, these prototypes may become a standard requirement for new development and will be integrated into the master plan for the entire parks district. Project Objectives & Tasks OBJECTIVE: Design, print and install five prototype signs and accompanying online interface system. The resulting interpretative signs will be made available through licensing for replication up to 25 times through GWC’s anticipated regional interpretive program. The content of the signs will be pedagogically grounded, relevant, inclusive, accurate, and accessible to diverse multi-generational and multi- cultural audiences. OUTCOMES: 1.Five setting-specific interpretive sign panels on identified overarching watershed themes, size not to exceed 1,200 sq. in (e.g. 30” x 40”), to cover the following topics: a.Water quality b.Water quantity c.Gallatin Watershed Stewards d.Community values 2.Accompanying online interface Task 1: Project Management & Communications -Project Management: GWC will coordinate contracting with Katie and TC, manage all stakeholders and engage in the design review process. Print & Installation Management: GWC will coordinate with the GWC-contracted sign manufacturer on panel printing according to sign and panel design plans. Upon completion of final design, GWC will provide files to the sign manufacturer and will oversee panel print and installation management with the sign manufacturer and City of Bozeman Parks and Recreation staff (GWC Staff Time: 15 hours/sign x 5 signs @ $40/hr= $3000). 2 131 Cash-in-Lieu of Parkland Funding Application for the Gallatin Watershed Council Prototype Design and Installation of Replicable Watershed Educational Signage -TC will engage in meetings, calls and emails with GWC and Katie regarding Panel Design and edits (TC Staff Time: 12 hours @$95/hr= $1,140). -Katie will engage with GWC and TC regarding Panel Design (Katie’s Time: 5hrs @ $60/hr= $300). Task 2: Development of corresponding online interface coordinated by MSU Extension Water Quality ($700 in match funding) Task 3: Content Development -Development of content and text aligned with interpretive best practices, identification of flora and fauna for Katie to illustrate, securing photographs and photo releases for use on panel, all for review and approval by City of Bozeman Park and Recreation staff (GWC Staff Time: 5 hours/sign x 5 signs @ $40/hr= $1,000). Task 4: Panel Illustration & Design -Establishment of Aesthetic Identity System. Development of these initial panels will require design planning in order to ensure that the design created will be scalable. Overall panel design will be given particular attention through establishment of a cohesive aesthetic identity system. Once established, these design and content “rules” will serve to inform and direct development of all future panels (TC Staff Time: 10hrs @ $95/hr= $950). -Illustration and digitization of original illustrations (Katie's Time: 5 illustrations/panel x 5 signs @ $470/illustration= $11,750). -Panel Design. TC will coordinate directly with GWC on accessing content and will engage in 2 rounds of reviews (TC Staff Time: $1,235/sign x 5 signs= $6,175). -File prep (TC Staff Time: 3hrs @ $95/hr= $285). Task 5: Fabrication and Installation (Sign Manufacturer Cost: $2,000 per sign x 5 signs= $10,000) Timeframe for Tasks 1-4: January 2021 - April 2021 Timeframe for Task 5 : April 2021-July 2021 Proposed Park Improvements and City Benefit: Through its creation of comprehensive signage to be installed on new development properties, this project leverages a unique opportunity to combine public and private interests. The design of the signs will be universally applicable to all new developments in the City, allowing future developers to seamlessly and efficiently integrate educational signage into their park plans. The prototype signs will act as a permanent park improvement by adding educational value to Bozeman’s residents, visitors and employees Through illustrative content blocks, action items 3 132 Cash-in-Lieu of Parkland Funding Application for the Gallatin Watershed Council Prototype Design and Installation of Replicable Watershed Educational Signage and a QR code, these first prototype signs will give viewers the knowledge needed to address the watershed quality and quantity issues of the Gallatin Valley, aiding in the creation of next generation watershed stewards. The educational signage will help foster an appreciation for the viewer’s place within the watershed community and prompt the viewer to consider the implications of peri-urban development on wetland functions. Land use changes from agriculture to urban development will have major impacts on the water resources of the Lower Gallatin. Bozeman has an increasing influx of new community members, many of which may be unfamiliar with the ecological limitations of living in a headwaters watershed in a semi-arid environment. Cohesive education signage throughout the City of Bozeman will directly address this lack of public understanding through a coordinated effort to improve watershed awareness and stewardship. Replicable Signage and Cost Analysis for up to 25 signs Funding sources for this project beyond the first five prototype signs will be drawn from a multiple of stakeholders, mainly from developers. The development of the aesthetic identity system and the initial panel proposals in this application will reduce development cost of additional signs with the same themes. Katie will charge a flat $1000 licensing fee for the replication of any developed sign for a new location. To ensure the replicated signs are site-specific, Katie will be available to create limited new content (e.g. rewriting one block of text), update the panel file accordingly, and coordinate with sign fabricator. Thank you to the Recreation and Parks Advisory Board and City Staff for considering this application. 4 133 Cash-in-Lieu of Parkland Funding Application for the Gallatin Watershed Council Prototype Design and Installation of Replicable Watershed Educational Signage Submittal Requirements 1). Site layout drawing (site plan) with dimensions of proposed improvements at 1” = 20’ feet or larger scale as well as existing features in the area of the park. TBD. 2. Copy of the current park master plan with location of proposed features indicated (contact the Parks Planning and Development Manager for existing master plan). Park Planning and Development Manager will ensure compliance with Park Master Plan. 3. Describe the process utilized for obtaining public input and support for the project (HOA meetings, neighborhood survey, etc.). Public input on the design and content of the signage will be gathered through up to 5 stakeholder interviews conducted by GWC. The interviews will help to ensure alignment of important topics and content, narrative goals and sensitivities, and regional messaging. GWC will work with GWC’s community partners: the Gallatin Local Water Quality District, The City’s Water Team, which includes staff from Parks and Recreation, the Center for Large Landscape Design, MSU Department of Civil Engineering, the Gallatin Valley Land Trust and ProjectWET to design wetland-themed signs. Parks and Rec staff will coordinate with the Recreation and Parks Advisory Board Master Plan Committee. 4. Details or manufacturer cut sheets of the proposed site improvements. Signage similar in size and appearance to interpretative signage at Story Mill Community Park. Designs to be created. 5. Basic cost estimate for purchased items and installation costs. See Budget spreadsheet. 6. If applicable, describe in detail how all in-kind contributions will be provided (matching volunteer labor, donated items, etc). GWC staff Holly Hill and Brooke Helstrom will contribute to GWC's portion of project management and other project tasks via in-kind contribution. 7. Describe how the project relates to the goals and stated needs of the City’s Park, Recreation, Open Space, and Trails Plan. The proposed signage will act as an educational compliment to existing green and open space and on new developments. The signs will also emphasize the importance of open trails and access to trails, as well as foster a sense of watershed community connectivity. Through its creation of comprehensive signage to be installed on new development properties, this project both enhances parkland in Bozeman and combines public and private interests. The educational signage prototypes will act as an extension of GWC’s Gallatin Watershed Stewards program and will educate users in the protection of our watershed. As new signs are developed, the online interface will encourage users to seek out other site locations and watershed themes, both strengthening the network of Gallatin Watershed Stewards and 5 134 Cash-in-Lieu of Parkland Funding Application for the Gallatin Watershed Council Prototype Design and Installation of Replicable Watershed Educational Signage providing opportunities for families to recreate together. In addition, there is potential to integrate these watershed signs into a larger interpretative platform via the design and incorporation of supplementary materials such as a scavenger hunt or Steward Passport. These supplemental materials will further encourage community members to visit each sign and conduct Watershed Steward activities. 8. Describe the development project source(s) of cash-in-lieu (contact the Parks Planner and Development Manager prior to application). GWC and the Bozeman Parks Division have identified three locations with available CIL funding that would be suitable for the initial prototype signs: Rose Park, Bronken Park or along the Gallagator Trail near the community garden. The exact CIL allocation this project will draw from will be coordinated by the Parks Planner and Development Manager. GWC and the Parks Division will continue to explore other potential sign locations as new developments occur over time. 6 135 Task Estimate Responsibility Project Management and Content Development 4000 GWC ($5000 in-kind deducted) Illustration and Graphic Design 20,600 Artist/Design Team Sign Fabrication and Installation 10,000 TBD Signage Subtotal 35,300.00$ ($6920 per sign) Online Interface 700.00$ MSU Extension Project Value 36,000.00$ Sponsor Water Conservation Prototype Sign (6,920.00)$ COB Water Conservation Online Interface (700.00)$ MSU Extension/DEQ Grant CILP REQUEST 28,380.00$ Panel Design and Licensing Fee 1285 Artist Content Edits, Project and Print Management 280 GWC Fabrication and Installation 2000 TBD Total 3,565.00$ Matching Contributions from Project Partners Future "Spin-Off" Sign Costs 2020 CILP Budget for 5 Prototype Signs 136 EXAMPLE OF ARTIST'S WORK 137 COMMISSION RESOLUTION NO. 5239 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING THE ALLOCATION OF CASH-IN-LIEU OF PARKLAND DEDICATION FUNDS FOR INTERPRETIVE SIGNAGE WITHIN CITY OF BOZEMAN PARKS WHEREAS, the Gallatin Watershed Council has submitted an application for the use of cash-in-lieu of parkland dedication funds to create interpretive signage illustrating various aspects of watershed health for the City of Bozeman Parks; and WHEREAS, the current balance within the city-wide cash-in-lieu of parkland dedication fund is $1,083,444.98 per Finance Department and Parks Division records; and WHEREAS, Section 38.27.030 (F.)(1.) of the Bozeman Municipal Code, (“Cash Donation in lieu of Land Dedication”) specifies criteria for which these funds may be utilized; and WHEREAS, the Recreation and Parks Advisory Board at their regular meeting of November 12, 2020 unanimously passed a motion recommending that the Commission approve the allocation of $28,380 from the cash-in-lieu of parkland dedication account to the 2020 Gallatin Watershed Coalition Interpretive Signage project; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, 138 Section 1 – Municipal Code Reference In accordance with Section 38.420.030.F. of the Bozeman Municipal Code, the source of cash-in-lieu of parkland dedication funding is appropriate for the items outlined in the 2020 Gallatin Watershed Council Cash-in-lieu of Parkland Application; and Section 2 – Funding Authorization The allocation of $28,380 from the cash-in-lieu of parkland dedication account is hereby approved for the 2020 Gallatin Watershed Council Cash-in-lieu of Parkland Application. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the ___________day of _______________, 2020. ___________________________________ CYNDI ANDRUS Mayor ATTEST: ________________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 139 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign a Notice of Award and Contract Documents for the 2021 Curb Replacement Project to Treasure State, Inc. for the Purpose of Replacing Curb and Gutter on West Garfield Street MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a notice of award and contract documents for the 2021 Curb Replacement Project to Treasure State, Inc., in the amount of $162,446.25. 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 includes: removing and replacing curb and gutter on West Garfield Street between South 4th and South Grand Avenue and the replacement of associated pedestrian ramps and storm drain infrastructure. The contract is to be completed within 30 calendar days of the issuance of the notice to proceed. Bids for the above-referenced project were opened on May 26, 2021 with 2 bids being submitted. The low bid was submitted by Treasure State, Inc. in the amount of $162,446.25 for the base bid schedule 1 work. The Bid Tabulation for the project is attached. This bid is commensurate with the work involved. Executed contract documents will be available online and retained in the City Clerk’s office. UNRESOLVED ISSUES:None. ALTERNATIVES:Disapprove. FISCAL EFFECTS:This project will be paid for with approved funding from the FY22 Annual Curb Replacement Fund and the annual pedestrian ramp repair fund. Attachments: Bid Sheet - 2021 Curb Replacement Project.pdf 140 AWARD.docx Report compiled on: May 27, 2021 141 Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total: Top Tier Contracting 261287 Yes Yes $174,689.50 Treasure State Inc. 157069 Yes Yes $162,446.25 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 Curb Replacement Project (#7633923) These bids were opened and read before the undersigned at 2:00pm on Wednesday, May 26, 2021. DocuSign Envelope ID: 057A9FD3-B651-4814-B105-991B2C37E6EC 142 NOTICE OF AWARD Dated: __________________________ TO: Treasure State, Inc. ADDRESS: P.O. Box 588, Belgrade, MT 59714 PROJECT: City of Bozeman 2021 Curb Replacement Project CONTRACT FOR: 2021 CURB REPLACEMENT PROJECT You are notified that your Bid opened onMay26th, 2021, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract forthe 2021 Curb replacement Project. The Contract Price of your Contract is:One hundred sixtytwo thousand fourhundred forty six & 25/100 Dollars ($162,446.25). 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: _______________________________ 143 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Engineer I Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with SwissDetail, Inc for the Swiss Plaza, Phase 1 Project (20372) MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a conditional irrevocable offer of dedication with SwissDetail, Inc. for the Swiss Plaza, Phase 1 Project (20372). 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 of Dedication Report compiled on: May 19, 2021 144 145 146 147 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Engineer I Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign a Drainage Easement, Public Utility Easement and Utility Easement with Gallatin Mall Group, LLC for the Gallatin Valley Mall Redevelopment Project (20412) MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a drainage easement, public utility easement and utility easement with Gallatin Mall Group, LLC for the Gallatin Valley Mall Redevelopment Project (20412). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached are copies (original to City Clerk) of the partially executed agreements. Engineering staff reviewed the documents and found them to be acceptable. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Public Utility Easement Utility Easement Drainage Easement Report compiled on: May 19, 2021 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, PE, Engineer II Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign a Utility Easement for Telephone, Electric Power, Gas, Internet, Cable Television or Other Similar Utilities or Services with J&D Customs, Inc. for the Delta Gamma House (20170) MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a utility easement for telephone, electric power, gas, internet, cable television or other similar utilities or services with J&D Customs, Inc for the Delta Gamma House (20170). 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: Utility Easement Report compiled on: May 24, 2021 163 164 165 166 Memorandum REPORT TO:City Commission FROM:Scott Shirley, Interim Public Works Director Anna Rosenberry, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Public Light Pole Utility Easement with Sleepy Eye, LLC for the Pedestrian Street Lighting Along North Rouse Between Main Street and the Alley MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a public light pole utility easement with Sleepy Eye, LLC for the pedestrian street lighting along North Rouse between Main Street and the alley. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached are copies (original to City Clerk) of the partially executed agreements. Engineering staff reviewed the documents and found them to be acceptable. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Public Light Pole Easement Report compiled on: May 19, 2021 167 168 169 ACCEPTED: CITY OF BOZEMAN, MONTANA _______________________________________ City Manager ATTEST: ________________________________________ City Clerk STATE OF MONTANA ) ) ss County of Gallatin ) On this __________ day of _____________ 2021, before me, the undersigned, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City Clerk for the City of Bozeman, respectively, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) _______________________________________ Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires __________________ 170 171 Memorandum REPORT TO:City Commission FROM:Mikaela Schultz, Engineer I Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign a Public Utility Easement and Agreement and a Utility Easement with Elaine S Locati for the Cattail Condos Site Plan (20435) MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a public utility easement and agreement and a utility easement with Elaine S Locati for the Cattail Condos Site Plan (20435). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached are copies (original to City Clerk) of the partially executed agreements. Engineering staff reviewed the documents and found them to be acceptable. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Utility Easement/Public Utility Easement and Agreement Report compiled on: May 26, 2021 172 173 174 175 Memorandum REPORT TO:City Commission FROM:Scott Shirley, Interim Public Works Director Anna Rosenberry, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Maintenance Agreement with the Montana Department of Transportation (MDT) for Operation and Maintenance of Decorative Lighting on Rouse Avenue from Main to Lamme MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a maintenance agreement with the Montana Department of Transportation (MDT) for operation and maintenance of decorative lighting on Rouse Avenue from Main to Lamme. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Downtown Bozeman Partnership (DBP) developed plans and budget to install decorative street lights on Rouse Avenue from Main Street to Lamme Street. DBP has completed design work for the lights shown in Attachment B of the MDT agreement. MDT has required that the City, not DBP, enter into the attached maintenance agreement prior to approving construction of the new street lights. DBP will maintain the street lights and pay the power costs associated with the lights. Pursuant to MDT’s contract, the City will be responsible for all elements of maintenance and operations of the decorative lighting consisting of a 20 new street lights from Main Street to Lamme Street. However, DBP will perform the street light maintenance and pay the power costs for the lights. The agreement has been reviewed by City legal and engineering staff. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The maintenance and operations costs will be paid by the Downtown Bozeman Partnership. Attachments: City/State Memorandum of Agreement 176 Report compiled on: May 19, 2021 177 Page | 1 CITY/STATE MEMORANDUM OF AGREEMENT NORTH ROUSE – MAIN ST TO LAMME ST - BOZEMAN DECORATIVE LIGHTING AND SIDEWALK MAINTENANCE AND OPERATION AGREEMENT May 2021 This Memorandum of Agreement (“Agreement”) is made and entered into by and between of City of Bozeman (“the City”), whose address is 121 N Rouse Ave, Bozeman, MT 59715 and the State of Montana Department of Transportation (“MDT” or “the State”), whose address is 2701 Prospect Ave. P.O. Box 201001, Helena MT 59620-1001, together referred to as “the Parties”. The Purpose of this Agreement is to set forth the respective design, construction, maintenance, and operation responsibilities and duties of the Parties associated with the decorative lighting encroachments within MDT right-of-way on North Rouse Ave (P-86) between E Main St. (N-50) Reference Post (RP) 0.00 and Lamme St (RP 0.237). This Agreement sets forth terms necessary for the City to provide long term maintenance and operation of the decorative lighting shown in Attachment B. WHEREAS, MDT is responsible for planning, designing, constructing, and maintaining the State highway and roadway associated transportation facilities, including associated pull- off, parking areas, and rest areas for the use and benefit of the traveling public, in a safe and efficient manner in accordance with Title 23 United State Code (U.S.C.) and Title 60 Montana Code Annotated (MCA) including N Rouse Ave. (P-86), and WHEREAS, N Rouse Ave (P-86) is on the Montana Primary Highway System within the State of Montana and is eligible to receive Federal Highway Funds; and WHEREAS, the City has agreed to be responsible for the maintenance and operation of the decorative lighting herein after referred to as “the Project” within MDT right-of-way; and WHEREAS, in accordance with the State’s agreement with the Federal Highway Administration (FHWA) of the U.S. Department of Transportation, MDT must ensure that certain requirements are met in order for MDT to fulfill its obligations to the FHWA and for N Rouse Ave. (P-86) to be eligible for federal funds; and WHEREAS, the Project includes the installation of decorative lighting within MDT right-of- way on N Rouse Ave (P-86) from East Main St (N-50) to E Lamme St. within the Bozeman City limits, per approved plans (Attachment B); and WHEREAS, the City has agreed to maintain and operate the decorative lighting, within the N Rouse Ave. (P-86) right-of-way within the Bozeman City limits subject to this agreement; and 178 Page | 2 WHEREAS, this Agreement must be fully executed before the facilities may be installed within MDT right-of-way; and WHEREAS, MDT has an active construction project Uniform Project Number 4805000, Federal-Aid Project number STPP 86-1(27)0, titled ROUSE AVE – BOZEMAN. NOW, THEREFORE, the Parties set forth the fundamental duties and responsibilities necessary for the City to maintain and operate the facilities proposed by the Project within MDT right-of-way. ARTICLE I. OBLIGATIONS OF THE CITY: 1. The Parties acknowledge the City has agreed to, and MDT has approved the general design of the Project including the existing and new decorative lighting planned for installation within MDT right-of-way. The documents are identified as Attachment B attached and made part of this agreement. 2. The MDT requires the City to coordinate all traffic control with the ROUSE AVE – BOZEMAN MDT project manager prior to allowing work within MDT right-of-way. 3. The City shall schedule a meeting with the MDT Project Manager to coordinate work within MDT right-of-way. All proposed work will be in coordination with the existing MDT ROUSE AVE – BOZEMAN project and cannot delay milestone events already established for the MDT project. 4. The City agrees that no fixture, building, structure or other permanent installation other than those shown in Attachment B shall be constructed or placed within MDT right-or-way without prior approval from MDT, 5. The City, at its sole expense, agrees to repair, or caused to be repaired, any damages to N Rouse Ave (P-86) right-or-way attributable to the City’s operation and maintenance of the Project. The City agrees it will repair N Rouse Ave (P-86) right- of-way to approved standards determined by MDT. Any damage identified by the City must be repaired within 60 calendars days of malfunction or damage. Any damage identified by MDT must be repaired by the City within 60 calendar days of notice by MDT, as solely determined by MDT. ARTICLE II. GENERAL OBLIGATIONS OF MDT 1. MDT, at MDT’s sole expense agrees it will maintain the roadway, curbing, traffic signals, intersection lighting and roadway signage on N Rouse Ave (P-86) associated with the Project in a satisfactory condition. 179 Page | 3 2. MDT agrees to review any encroachments within the Project area on MDT right-of way for compliance with state and federal laws and rules. If encroachment is allowed within MDT right-of-way, MDT will issue the appropriate permits 3. If the City is not able to complete the maintenance requirements in Article I, MDT may complete the required maintenance due to public emergency or safety concerns and may seek compensation from the City. ARTICLE III. PROJECT SPECIFIC PROVISIONS: 1. Small Municipal Separate Storm Sewer System (MS4) Permit a. MDT concludes, and the City agrees, the Project work is designed in compliance with applicable Small MS4 Permit requirements. b. The City agrees to operate, monitor and maintain storm water management features in compliance with applicable MS4 requirements 2. Construction Storm Water General Permit a. The City will require the developer to follow the DEQ and City Storm Water Pollution Prevention Plan (SWPPP) requirements. b. The City and/or developer will pay annual fees associated with permit coverage until termination. ARTICLE IV. PROJECT SPECIFIC FEATURES: 1. Lighting a. Upon completion of the Project, the City agrees that it is responsible, at no cost to MDT, to service, maintain, repair and pay the costs of operating (including utility costs) the decorative and/or pedestrian lighting installed as part of this project. b. For the purposes of this Agreement, “maintenance of street lighting”, is defined as: the inspection of the lighting system for operation, cleaning lamps, lenses and reflectors, stocking of replacement parts, bulb replacement, and repairs to and replacement of damaged fixtures. c. Any major repair costs for lighting damage not recoverable from third parties shall be the responsibility of the City. 180 Page | 4 d. If the cost of energy is raised by the utility company, the City, town or special improvement district shall pay their proportionate share of the rate increase. ARTICLE V. GENERAL TERMS AND CONDITIONS: 1. Term – The term of this Agreement shall be ten (10) years. After the initial ten (10) year term, this Agreement will renew automatically, for successive one (1) year terms, unless superseded by a new Agreement between the Parties. 2. Termination – This Agreement may be terminated by MDT if the City violated or breaches any term, condition, or article of this Agreement and the City has failed to correct (or reasonably initiate correction) within 60 days of receiving notice in writing addressed to the City’s representative, or such violation or breach of any term, condition, or article of the Agreement. If this Agreement is terminated, the improvements become the property of MDT, without reimbursement MDT will maintain the property as it sees fit and may remove the improvements without the City’s or landowner approval. MDT may seek compensation for maintenance or removal of the improvements from the City. 3. Other Agreements – Other Agreements pertaining to the Project area remain in full force and effect. In case of a conflict between this Agreement and a previously executed Agreement, the terms of this Agreement apply. 4. Hold Harmless & Indemnification a. The City agrees to protect, defend, indemnify, and hold MDT, its elected and appointed officials, agents, and employees, while acting within their duties as such, harmless from and against all claims, liabilities, demands, causes of action, and judgments (including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the City’s employees or third parties on account of personal or bodily injury, death or damage to property, arising out of the actions or omissions of the City, its agents or sub-contractors, under this Agreement, except the negligence of MDT. b. The State and MDT agrees to protect, defend, indemnify, and hold the City, its elected and appointed officials, agents, and employees while acting within their duties as such, harmless from and against all claims, liabilities, demands, causes of action, and judgements (including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the MDT’s employees or third parties on account of personal or bodily injury, death or 181 Page | 5 damage to property, arising out of the acts or omissions of MDT, its agents, or sub-contractors, under this Agreement, except the negligence of the City. 5. Insurance a. General Requirements: Each Party shall maintain for the duration of this Agreement, at its own cost and expense, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of duties and obligations in this Agreement by each Party, its agents, employees, representatives, assigns, or sub-contractors. This insurance shall cover such claims as may be caused by any negligent act or omission. b. General Liability Insurance: Each Party shall purchase and maintain occurrence coverage with combined signal limits for bodily injury, personal injury, and property damage of $1 million per occurrence and $2 million aggregate per year to cover such claims as may be caused by or arising out of any negligent acts or omissions in work or services performed under this Agreement, or as established by statutory tort limits as provided under this Agreement or as established by statutory tort limits as provided by a public entity self-insurance program either individually or on a pool basis as provided by Montana Code Annotated Title 2, Chapter 9. c. General Provisions: All insurance coverage must be with a carrier licensed to do business in the State of Montana or by a public entity self-insured program either individually or on a pool basis. Each Party must notify the other immediately of any material change in insurance coverage, such as changes in limits, coverage, change in status of policy, etc. Each Party reserves the right to request complete copies of the other Party’s insurance policy or self-insured memorandum of coverage at any time. d. Workers’ Compensation Insurance: The City must maintain workers’ compensation insurance and require its contractors and its contractor’s sub- contractors to carry their own workers’ compensation coverage while performing work within MDT right-of-way in accordance with Montana Code Annotated §§39-71-401 and 39-71-405. Neither the contractor nor its employees are employees of MDT. This insurance/exemption must be valid for the entire Agreement period. 6. Public Safety It is agreed, if any repairs to the elements of the Project must be performed to address or prevent a public hazard, the City will immediately protect the area from 182 Page | 6 public access, contact the appropriate MDT Bozeman Area Maintenance Office, and make reasonable and timely effort to correct or repair the hazard. 7. Invoicing and Indirect Costs (IDC) a. If MDT incurs any costs resulting from this Agreement, MDT shall be entitled to be compensated for such costs by the City and the City shall pay the same within thirty (30) days of its receipt of such invoices. Montana Code Annotated §17-1-106, requires any state agency, including MDT, which received non-general funds to identify and recover its indirect costs (IDC). These costs are in addition to direct Project costs. MDT’s IDC rate is determined annually as a percentage of the Project’s direct costs to cover the Project’s share of MDT’s IDC as defined by 2 CFR Part 200, Appendix VII. MDT’s current IDC rate is 10.99% for fiscal year 2021 (July 1, 2020 to June 30, 2021). If the work occurs or extends into fiscal year 2021 or beyond the IDC rate will be charged at the rate agreed to by MDT and the Federal Highway Administration (FHWA). i. Invoice will be sent to: City of Bozeman Attn: Shawn Kohtz 121 N Rouse Ave Bozeman, MT 59715 ii. Payments shall be made to: Montana Department of Transportation Attention: Collections 2701 Prospect Avenue PO Box 201001 Helena MT 59620-1001 8. Choice of Law and Venue – This Agreement shall be governed by the laws of Montana. The Parties agree that any litigation concerning this Agreement must be brought in the First Judicial District Court, in and for the County of Lewis and Clark, State of Montana, and each Party shall pay its own costs and attorney fees except as otherwise noted in this Agreement. In case of conflict between the terms and conditions of this Agreement the laws of the State of Montana, the laws of the State of Montana Shall control. 9. Binding Effect – The benefits and obligations set forth in this Agreement shall be binding upon, and inure to the benefit of, their respective successors, administrators and assigns of the parties. 10. Relationship of Parties – Nothing contained in this Agreement shall be deemed or construed (either by the parties hereto or by any third party) to create the 183 Page | 7 relationship of principal and agent or create any partnership joint venture or other association between the Parties. 11. Non-Discrimination – The City will require that during the performance of any work arising out of this Agreement the City, for itself, assignees, and successors shall comply with all applicable non-discrimination regulation set forth in Attachment A attached hereto and made a part of this Agreement. 12. ADA – MDT requires that any construction resulting from this Agreement must include appropriate pedestrian facilities that meet or exceed current MDT standards for accessibility as set forth by the Untied State Department of Justice 2010 ADA Standards for Accessibility Design, United States Access Board Proposed Guidelines for Pedestrian Facilities in the Public Right-or-Way (2011 PROWAG), and MDT’s detained drawings, 608 series. 13. Audit – The City grants to the Legislative Auditor and the Legislative Fiscal Analysts the right, without prior notice and during normal business hours, to audit, at their own costs and expense all records, reports, and other documents, the City maintains in connection with this Agreement. 14. Utilities – This Agreement is subject to the right of any private or public utility entity now lawfully occupying the right-of-way to continue to operate and maintain utility facilities thereupon. Copies of existing utility permits may be obtained from the MDT District Utility Agent. 15. Amendment and Modification – This Agreement may be modified or amended only by written Addendum signed by the parties. In addition to the terms and conditions contained herein, the provisions of any Addendum may be incorporated and made a part hereof by this reference in the terms of the amendment so provided. In the event of any conflict between the terms and conditions hereof and the provisions of any Addendum, the provision of the Addendum shall control, unless the provisions thereof are prohibited by law. 16. Representatives a. City’s Representative: The City’s Representative for this Agreement shall be the Chief Administrative Officer or designee or such individual as the City shall designate in writing. Whenever approval or authorization form or communication or submission to the City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when the City’s 184 Page | 8 Representative is not available, MDT may direct its communication or submission to other designated City personnel or agents. b. MDT’s Representative: The MDT Representative for this Agreement shall be the District Administrator or Maintenance Chief or such other individual as MDT shall designate in writing. Whenever direction to or communication with MDT is required by this Agreement, such direction or communication shall be directed to MDT’s Representative; provided, however, that the exigent circumstances when MDT’s Representative is not available, the City may direct its directions or communication or submission to other designated MDT personnel or agents. 17. Counterpart Execution – This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature by any of the Parties to any other party and the receiving party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received. 185 Page | 9 IN WITNESS WHEREOF, the Department’s authorized representative has hereunto signed on behalf of the State of Montana, and the City Manager for the City of Bozeman, on behalf of the City, has signed and affixed hereto the seal of the City. STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION By ______________________________________________ ______________________, 2021 Montana Department of Transportation ________________________________ Approved for Legal Content ________________________________ Approved for Civil Rights CITY OF Bozeman By __________________________________________________ _______________________, 2021 Jeff Mihelich, City Manager City of Bozeman, Montana 186 ATTACHMENT A MDT Nondiscrimination and Disability Accommodation Notice 187 Page 1 of 4 Rev. 01/2021 MDT NONDISCRIMINATION AND DISABILITY ACCOMMODATION NOTICE Montana Department of Transportation (“MDT”) is committed to conducting all of its business in an environment free from discrimination, harassment, and retaliation. In accordance with State and Federal law MDT prohibits any and all discrimination and protections are all inclusive (hereafter “protected classes”) by its employees or anyone with whom MDT does business: Federal protected classes State protected classes Race, color, national origin, sex, sexual orientation, gender identity, age, disability, & Limited English Proficiency Race, color, national origin, parental/marital status, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, religion/ creed, social origin or condition, genetic information, sex, sexual orientation, gender identification or expression, national origin, ancestry, age, disability mental or physical, political or religious affiliations or ideas, military service or veteran status For the duration of this contract/agreement, the PARTY agrees as follows: (1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all Acts and Regulations of the United States and the State of Montana relative to Non- Discrimination in Federally and State-assisted programs of the U.S. Department of Transportation and the State of Montana, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. (2) Non-discrimination: a. The PARTY, with regard to the work performed by it during the contract, will not discriminate, directly or indirectly, on the grounds of any of the protected classes in the selection and retention of subcontractors, including procurements of materials and leases of equipment, employment, and all other activities being performed under this contract/agreement. b. PARTY will provide notice to its employees and the members of the public that it serves that will include the following: i. Statement that PARTY does not discriminate on the grounds of any protected classes. ii. Statement that PARTY will provide employees and members of the public that it serves with reasonable accommodations for any known disability, upon request, pursuant to the Americans with Disabilities Act as Amended (ADA). iii. Contact information for PARTY’s representative tasked with handling non- discrimination complaints and providing reasonable accommodations under the ADA. 188 Page 2 of 4 Rev. 01/2021 iv. Information on how to request information in alternative accessible formats. c. In accordance with Mont. Code Ann. § 49-3-207, PARTY will include a provision, in all of its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of merit and qualifications and that PARTY does not discriminate on the grounds of any protected class. (3) Participation by Disadvantaged Business Enterprises (DBEs): a. If the PARTY receives federal financial assistance as part of this contract/agreement, the PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its subcontracting services. The list of all currently certified DBE firms is located on the MDT website at mdt.mt.gov/business/contracting/civil/dbe.shtml b. By signing this agreement, the PARTY assures that: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. c. PARTY must include the above assurance in each contract/agreement the PARTY enters. (4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the PARTY of the PARTY’s obligation under this contract/agreement and all Acts and Regulations of the United States and the State of Montana related to Non-Discrimination. (5) Information and Reports: The PARTY will provide all information and reports required by the Acts, Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by MDT or relevant US DOT Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the PARTY will so certify to MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has made to obtain the information. (6) Sanctions for Noncompliance: In the event of a PARTY’s noncompliance with the Non- discrimination provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the PARTY under the contract/agreement until the PARTY complies; and/or b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part. 189 Page 3 of 4 Rev. 01/2021 (7) Pertinent Non-Discrimination Authorities: During the performance of this contract/agreement, the PARTY, for itself, its assignees, and successor in interest, agrees to comply with the following non-discrimination statues and authorities; including but not limited to: Federal - Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; - The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); - Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); - Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; - The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); - Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); - The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients, and contractors, whether such programs or activities are Federally funded or not); - Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; - The Federal Aviation Administration’s Non-Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); - Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 190 Page 4 of 4 Rev. 01/2021 - Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); - Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). - Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of gender identity and in hiring by federal contractors on the basis of both sexual orientation and gender identity. State - Mont. Code Ann. § 49-3-205 Governmental services; - Mont. Code Ann. § 49-3-206 Distribution of governmental funds; - Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts. (8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through seven in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The PARTY will take action with respect to any subcontract or procurement as MDT or the relevant US DOT Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the PARTY may request MDT to enter into any litigation to protect the interests of MDT. In addition, the PARTY may request the United States to enter into the litigation to protect the interests of the United States. 191 ATTACHMENT B Plans 192 REVISIONSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B19-096 C1.1 COVERREV DATE ROUSE AVE. STREETSCAPE IMPROVEMENTS BOZEMAN, MONTANA COVER SHEET B19-09602/16/2021.DWGC1.1SEJCJCKLSEngineering 234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715 406.586.0277 • tdhengineering.com DOWNTOWN BOZEMAN STREETSCAPEROUSE - FROM MAIN TO LAMMEBOZEMAN, MONTANAFEBRUARY 2021SHEET INDEXPROJECT LOCATIONOWNERBOZEMAN DOWNTOWN T.I.F. DISTRICT222 EAST MAIN STREET, SUITE 302BOZEMAN, MT 59715CIVIL ENGINEERCONTACTSVICINITY MAPTD&H ENGINEERING234 E. BABCOCK ST. SUITE 3BOZEMAN, MT 59715ANLE FNESSION GI TONM ANEER AOPRMDT REVIEW SET193 EXISTINGDESCRIPTIONNEWREVISIONSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B19-096 C1.2 NOTESREV DATE ROUSE AVE. STREETSCAPE IMPROVEMENTS BOZEMAN, MONTANA GENERAL NOTES & LEGEND B19-09602/16/2021.DWGC1.2SEJCJCKLSEngineering 234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715 406.586.0277 • tdhengineering.com1C1.2SCALING NOTELEGENDGENERAL NOTESKnow what'sbelow.before you dig.CallR1C1.2SCALING NOTESURVEY CONTROL &ALIGNMENT DEFINITIONANLE FNESSION GI TONM ANEER AOPRMDT REVIEW SET194 10+0011+0012+0013+0014+00PC: 11+77.08 PT: 11+98.77 PI: 13+55.85 LIGHT POLE INSTALLED IN EXISTING SIDEWALK (TYP.) LIGHT POLE INSTALLED IN BOULEVARD (TYP.)1C3.01C3.0 LIGHT POLE INSTALLED BEHIND SIDEWALK (TYP.)1C3.0BEHIND SIDEWALK LIGHT POLE SCHEDULELIGHT POLE INSTALLATION DIMENSIONSP#LINESTACLOFFSETABCD7 (L)ROUSE13+1228.71' LT3.83'4.17'4.5'8.47'8 (L)13+4830.85' LT4.46'4.80'5.13'9.12'LIGHT POLE INSTALLATION DIMENSIONSP#LINESTACLOFFSETABCD5 (L)ROUSE12+2723.18' LT.1.83'2.17'2.5'7.15'6 (L)12+6724.8' LT.1.83'2.17'2.5'7.74'LIGHT POLE INSTALLATION DIMENSIONSP#LINESTACLOFFSETABCD1 (R)ROUSE10+7235.5' RT.0.5'1.17'1.5'VARIES2 (R)11+0935.5' RT.0.5'1.17'1.5'VARIES3 (R)11+4935.5' RT.0.5'1.17'1.5'VARIES4 (R)11+8735.5' RT.0.5'1.17'1.5'VARIESSIDE WALK LIGHT POLE SCHEDULEBOULEVARD LIGHT POLE SCHEDULE1C3.01C3.01C3.0REVISIONSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B19-096 C2.1REV DATE ROUSE AVE. STREETSCAPE IMPROVEMENTS BOZEMAN, MONTANA SIDEWALK LIGHTING PLAN MAIN STREET TO MENDENHALL B19-09602/16/2021.DWGC2.1SEJCJCKLSEngineering 234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715 406.586.0277 • tdhengineering.com ROUSE AVENUEEAST MAIN STREETEAST MENDENHALL STREETROUSE AVENUE - MAIN TO MENDENHALLTHE BOZEMANHOTEL BUILDINGMONTANAPROVISIONSKNIFE SANDWICHES/CTABOZEMAN FIREDEPARTMENTMATCHLINE SHEET C2.2ANLE FNESSION GI TONM ANEER AOPR1C2.11C2.1LIGHT POLE INSTALLATION DETAILSMDT REVIEW SET195 14+0015+0016+0017+0018+00PI: 14+45.52 PI: 17+28.29 LIGHT POLE INSTALLED IN EXISTING SIDEWALK (TYP.) LIGHT POLE INSTALLED IN BOULEVARD (TYP.)1C3.01C3.0LIGHT POLE INSTALLATION DIMENSIONSP#LINESTACLOFFSETABCD10 (L)ROUSE16+0934.0' LT3.33'3.67'4.0'5.0'11 (L)16+4934.0' LT3.46'3.80'4.13'5.0'12 (L)16+8934.0' LT3.35'3.69'4.02'5.0'13 (L)17+2734.0' LT11.25'11.59'11.92'5.0'14 (R)14+6634.0' RT3.31'3.65'3.98'5.0'15 (R)15+0834.0' RT3.35'3.69'4.02'5.0'16 (R)15+5334.0' RT3.31'3.65'3.98'5.0'17 (R)15+9834.0' RT3.35'3.69'4.02'5.0'18 (R)16+4334.0' RT3.33'3.67'4.00'5.0'19 (R)16+8934.0' RT3.31'3.65'3.98'5.0'20 (R)17+2934.0' RT9.04'9.38'9.71'5.0'LIGHT POLE INSTALLATION DIMENSIONSP#LINESTACLOFFSETABCD9 (L)ROUSE14+5640.29' LTSEE PLANSEE PLANSEE PLAN6.75'SIDE WALK LIGHT POLE SCHEDULEBOULEVARD LIGHT POLE SCHEDULE1C3.01C3.0REVISIONSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B19-096 C2.2REV DATE ROUSE AVE. STREETSCAPE IMPROVEMENTS BOZEMAN, MONTANA SIDEWALK LIGHTING PLAN MENDENHALL TO LAMME B19-09602/16/2021.DWGC2.2SEJCJCKLSEngineering 234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715 406.586.0277 • tdhengineering.comROUSE AVENUEEAST LAMME STREETEAST MENDENHALL STREETROUSE AVENUE - MENDENHALL TO LAMMETHETAPROOMHAWTHORNEELEMENTARYSCHOOLBOZEMAN FIREDEPARTMENTMATCHLINE SHEET C2.1 ANLE FNESSION GI TONM ANEER AOPR1C2.11C2.2LIGHT POLE INSTALLATION DETAILSCOMMA-QARCHITECTURECONDUIT & WIRE SCHEDULEINSTALL NEW 2" SCH. 80 PVC CONDUIT (SIDEWALK TRENCH)2 NEW OF AWG NO. 10 CONDUCTOR (LIGHTING)1 NEW GREEN JACKETED AWG NO. 10 CONDUCTOR (GROUND)EXISTING 2" SCH. 80 PVC CONDUIT2 NEW OF AWG NO. 10 CONDUCTOR (LIGHTING)1 NEW GREEN JACKETED AWG NO. 10 CONDUCTOR (GROUND)EXISTING 3" SCH. 80 PVC CONDUIT2 NEW OF AWG NO. 10 CONDUCTOR (LIGHTING)1 NEW GREEN JACKETED AWG NO. 10 CONDUCTOR (GROUND)MDT REVIEW SET196 POLE SCHEDULEP#TYPELINESTACL OFFSETTYPE POLEBASEFOUNDATION DIA.X DEPTHLUMINAIREHEIGHTLUMINAIRETYPE1 (R)DECORATIVEROUSE10+7235.5' RT.ANCHOR2'-0" X 3'-6"12'LED2 (R)11+0935.5' RT.3 (R)11+4935.5' RT.4 (R)11+8735.5' RT.5 (L)12+2723.18' LT.6 (L)12+6724.8' LT.7 (L)13+1228.71' LT8 (L)13+4830.85' LT9 (L)14+5640.29' LT10 (L)16+0934.0' LT11 (L)16+4934.0' LT12 (L)16+8934.0' LT13 (L)17+2734.0' LT14 (R)14+6634.0' RT15 (R)15+0834.0' RT16 (R)15+5334.0' RT17 (R)15+9834.0' RT18 (R)16+4334.0' RT19 (R)16+8934.0' RT20 (R)DECORATIVEROUSE17+2934.0' RTANCHOR2'-0" X 3'-6"12'LEDREVISIONSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B19-096 C3.0REV DATE ROUSE AVE. STREETSCAPE IMPROVEMENTS BOZEMAN, MONTANA DECORATIVE LUMINAIRE DETAIL B19-09602/16/2021.DWGC3.0SEJCJCKLSEngineering 234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715 406.586.0277 • tdhengineering.com ANLE FNESSION GI TONM ANEER AOPR1C3.0DECORATIVE LUMINAIRE DETAILSMDT REVIEW SET197 198 199 200 201 Memorandum REPORT TO:City Commission FROM:John Van Delinder, Streets Superintendent Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager Sign a Purchase Agreement with Western Systems for Kagy HAWK Signal Electronics MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager sign a purchase agreement with Western Systems for Kagy HAWK signal electronics. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City of Bozeman is replacing the Rapid Rectangular Flashing Beacon on Kagy Boulevard near the Bobcat Stadium with a HAWK Signal. To save time and money the city is purchasing the electronic equipment for the replacement. We received two quotes per the purchasing policy and Western Systems provided the lowest proposal. UNRESOLVED ISSUES:None,. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:$80,000 was budgeted in the FY21 approved capital budget as item STR91. Attachments: Purchase Agreement Report compiled on: May 24, 2021 202 203 204 205 206 207 208 209 210 211 212 213 214 215 Memorandum REPORT TO:City Commission FROM:John Van Delinder, Streets Superintendent Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager Sign a Purchase Agreement with Lumen FX for Kagy HAWK Signal Poles MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager sign a purchase agreement with Lumen FX for Kagy HAWK signal poles. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City of Bozeman is replacing the Rapid Rectangular Flashing Beacon on Kagy Boulevard near the Bobcat Stadium with a HAWK Signal. To save time and money the city is purchasing the poles for the replacement. We received Sole Source Approval for the poles because they are the only company that manufacture them. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:$80,000 was budgeted in the FY21 approved capital budget as item STR91. Attachments: Purchase Agreement.pdf Report compiled on: May 24, 2021 216 217 218 219 220 221 222 223 224 Memorandum REPORT TO:City Commission FROM: Luke Kline, Contracts Coordinator Mitch Overton, Director of Parks and Recreation SUBJECT: Authorize the City Manager to Sign a Professional Services Agreement with Stahly Engineering & Associates, Inc. for the Bozeman Sports Park Project MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION: Authorize the City Manager to sign a professional services agreement with Stahly Engineering & Associates, Inc. for the Bozeman Sports Park Project. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND: On April 14, 2014 the City Commission unanimously approved Resolution No. 4521 allowing the allocation of Trails, Open Space and Parks (TOP) bond funding in an amount not to exceed $7,500,000 for the acquisition of park land and development of the Bozeman Sports Park Project. Following the acquisition of park land and completion of the Bozeman Sports Park Master Plan the Commission approved adoption of Resolution 4844 allocating an additional $917,000 in TOP bond funding for construction of the project. The project required the assistance of a professional design and engineering firm to complete park development and construction. Through use of competitive procurement process in compliance with Montana state code consultant DOWL, LLC was selected awarded the design and engineering services contract for the sports park and commenced work. On August 2, 2018 the contract for engineering and design was transitioned from DOWL, LLC to Stahly Engineering and Architecture Inc. through a 225 professional service agreement authorized by the City Commission. The new contract allowed the lead engineer of record to continue working on the project under the new firm and completed Phase 1A and design and construction administration for Phase 1B (Fields #5 and #6 and playground area grading and drainage), as approved in the Bozeman Sports Park Master Plan. The Bozeman Sports Park is continuing to complete development projects requiring the skills and expertise of professional and design and engineering firm. To continue progress and provide continuity of services the City Parks and Recreation Department will re-establish the contract with Stahly Engineering and Architecture Inc. to complete the scope of services defined in Attachment A allowing the project to proceed as previously approved. The contract is intended to be an on-call to address the scope of projects as described site civil scope of services. The total project cost for design and engineering services is not to exceed $19,986. UNRESOLVED ISSUES:None. ALTERNATIVES:Per Commission. FISCAL EFFECTS:The Agreement will allow the project to proceed as previously approved. Attachments: Attachment A Professional Service Agreement Stahly Engineering & Associates.pdf Report compiled on: May 27, 2021 226 Professional Services Agreement with Stahly Engineering & Associates, Inc. FY 2021 – FY 2022 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 8th day of June, 2021, by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Stahly Engineering and Associates, Inc., with a mailing address of 851 Bridger Drive, Suite 1, Bozeman, MT 59815 hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Attachment A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 31st day of December, 2022, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services in the Attachment A Stahly Engineering & Associates, Bozeman Sports Park: Civil Engineering Services Proposal. The total project cost is not to exceed $19,986. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5.Contractor’s Representations: To induce City to enter into this Agreement, 227 Professional Services Agreement with Stahly Engineering & Associates, Inc. FY 2021 – FY 2022 Page 2 of 11 Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b.Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. 228 Professional Services Agreement with Stahly Engineering & Associates, Inc. FY 2021 – FY 2022 Page 3 of 11 In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the 229 Professional Services Agreement with Stahly Engineering & Associates, Inc. FY 2021 – FY 2022 Page 4 of 11 cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure 230 Professional Services Agreement with Stahly Engineering & Associates, Inc. FY 2021 – FY 2022 Page 5 of 11 insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8.Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. 231 Professional Services Agreement with Stahly Engineering & Associates, Inc. FY 2021 – FY 2022 Page 6 of 11 b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 232 Professional Services Agreement with Stahly Engineering & Associates, Inc. FY 2021 – FY 2022 Page 7 of 11 10.Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Addi Jadin, Parks Planning and Development Manager or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b.Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Zach Lowe, PE or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business 233 Professional Services Agreement with Stahly Engineering & Associates, Inc. FY 2021 – FY 2022 Page 8 of 11 hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 234 Professional Services Agreement with Stahly Engineering & Associates, Inc. FY 2021 – FY 2022 Page 9 of 11 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17.Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable 235 Professional Services Agreement with Stahly Engineering & Associates, Inc. FY 2021 – FY 2022 Page 10 of 11 attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 236 Professional Services Agreement with Stahly Engineering & Associates, Inc. FY 2021 – FY 2022 Page 11 of 11 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement be extended longer than two years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 237 3530 Centennial Drive Helena, MT 59601 (406) 442-8594 851 Bridger Drive, Suite 1 Bozeman, MT 59715 (406) 522-8594 2223 Montana Avenue, Suite 201 Billings MT 59101 (406) 601-4055 Engineering Excellence for More Than 50 Years Stahly Engineering & Associates Bozeman Sports Park: Civil Engineering Services Bozeman, MT A proposal to: Addi Jadin City of Bozeman Parks Dept. March 17, 2021 238 Proposal for Services Page 2 Introduction Stahly Engineering & Associates is pleased to submit a professional services proposal for civil engineering services for future phases of the Bozeman Sports Park project. This contract is intended to be an on-call term contract to assist in planning and budgeting for future expansion of the park. Our estimate is based on proceeding on a time and materials basis. We have attempted to be complete in our scope. Any additional items will either be billed at an hourly rate, or a lump sum cost will be negotiated at that time. Out of scope additional changes will not be performed without prior authorization from you. Civil Scope of Work The scope of site civil services includes the following: Assistance in expanding/improving ϐield drainage. Assisting and coordinating with adjacent Cottonwood Road development Assistance and guidance for further development with Phase 1 of the BSP Assistance and guidance related to the exploration of the water well ϐield project Limited engineering services for semi-permanent storage buildings 239 Proposal for Services Page 3 Fees For Professional Services The time and materials fee for the described site civil scope of services is estimated to be $19,986. SEA Hourly Rates Thank you for this opportunity and we look forward to providing quality professional services delivered on schedule. Please feel free to contact us if you have any questions or concerns. Sincerely, STAHLY ENGINEERING & ASSOCIATES Zach Lowe, P.E. Senior Civil Engineer Labor Description Billing Rate Senior Engineer $140/HR Project Engineer (PE) $112—$130/HR Land Surveyor $120-130HR CAD/Revit Designer $100—$110/HR Expenses Actual Senior Principal $160/HR 240 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with KLJ for the North 15th Avenue Improvements from Patrick to Tschache Construction Management and Inspection Services Contract MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Authorize City Manager to sign a professional services agreement with KLJ for the North 15th Avenue improvements from Patrick to Tschache Construction Management and Inspection Services Contract. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of the partially executed Professional Services Agreement with KLJ for the North 15th Avenue Improvements from Patrick to Tschache Construction Management and Inspection Services Contract. The document is in the City’s standard format. These services were procured through the City’s consultant selection process. A Request for Proposals was published in the Bozeman Daily Chronicle on March 29th and April 4th, with the proposals being due on April 16th. KLJ was the only firm that submitted a proposal on the project. The proposal was reviewed and they were determined to be qualified to complete the project. The plans for the improvements were previously completed by KLJ for the underlying private property owner as part of a subdivision. The city has been granted approval to use the approved plans by both the property owner and KLJ. This project will include completion of the contract documents and permitting neither of which were previously completed. It will also include the standard bidding, contract administration and inspection services. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. 241 FISCAL EFFECTS:$131,071 from the Street Impact Fee Fund (SIF150). Attachments: North 15th Ave. Professional Services Agreement.pdf Report compiled on: May 17, 2021 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 Memorandum REPORT TO:City Commission FROM:David Fine, Urban Renewal Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign Sanderson Stewart Term Contract Task Orders NE2021-003, NP2021-001, and PY2021-001 for TIF Assistance Program Development Services for the Northeast, North Park, and Pole Yard Urban Renewal Districts MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Sanderson Stewart Term Contract Task Orders NE2021-003, NP2021-001, and PY2021-001 for TIF Assistance Program Development Services for the Northeast, North Park, and Pole Yard Urban Renewal Districts. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Bozeman City Commission created the Midtown Tax Increment Finance (TIF) Assistance Program most recently pursuant to Resolution 5087. The program reimburses applicants for the eligible costs of projects in the District and incentivizes investment and redevelopment. The program is successful and has resulted in significant new investment in the District that would not have occurred “but for” TIF assistance. In an effort to create synergies between Bozeman’s urban renewal districts and programs, Staff plans to create similar programs for each of the City managed districts. The program creates clarity for applicants, staff and the public regarding the process for receiving assistance and the criteria under which projects are evaluated. Since each district has a distinct urban renewal plan with its own goals, each application will need to reflect those goals. We hope to standardize elements of the process that are the same across districts to streamline review and create clear expectations. Under these task orders, Sanderson Stewart will help staff with drafting TIF Assistance Programs for the Northeast, North Park and Pole Yard Urban Renewal Districts. Term Contract Background: Following a competitive RFQ process, a team led by Sanderson Stewart, also including A&E Architects, DCI Engineers, Walker Consultants, and CTC Technology and Energy, was awarded a term contract for urban renewal 278 district professional services on October 22, 2018. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:At the suggestion of the City Commission. FISCAL EFFECTS:Each task order is billable on a lump sum basis of $4,400. Funding for Task Order NE2021-003 comes from professional services funds in the Northeast Urban Renewal District budget for FY 2021. Funding for Task Order NP2021- 001 comes from professional services funds in the Park Urban Renewal District budget for FY 2021. Funding for PY 2021 comes from professional services funds in the Economic Development Department budget for FY 2021. Attachments: URD Task Order Form NE21-003.docx NE21-003_TIF_Assistance_SOW_051421.pdf URD Task Order Form NP21-001.docx NP21-001_TIF_Assistance_SOW_051421.pdf PY21-001 Task Order Form.docx PY21-001_TIF_Assistance_SOW_051421.pdf Report compiled on: May 18, 2021 279 City of Bozeman Urban Renewal District Term Contract Task Order Number #NE21-003 PROJECT:TIF Assistance Program Development Services Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Sanderson Stewart for Architectural and Engineering Services. This Task Order is dated [] between the City of Bozeman Economic Development Department and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: City: David Fine, Urban Renewal Program Manager Contractor: Danielle Scharf, Sanderson Stewart SCOPE OF WORK:The scope for this task order is detailed in the attached City of Bozeman Urban Renewal District Scope of Work – Task Order Number NE21-003. COMPENSATION:Sanderson Stewart will bill for its services on a lump sum basis with a project total of $4,400. The provisions of the Professional Services Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Sanderson Stewart Jeff Mihelich, City Manager Danielle Scharf, Principal 280 Urban Renewal District Term Contract Scope of Work – Task Order No. NE21-003 TIF Assistance Program Development Services 5/14/2021 Sanderson Stewart is pleased to provide this scope of work for the assist in the writing and development of a TIF Assistance program for the Northeast Urban Renewal District. The Bozeman City Commission has authorized the Northeast Urban Renewal Board to implement and administer the tax increment financing assistance program in the Northeast Urban Renewal District. This work to prepare documents for this program is to be done as a part of the Urban Renewal District term contract for architectural and engineering services. The work includes drafting procedures, criteria, and application materials for a new program to assist property owners with qualified reimbursement expenses for redevelopment within the District. A detailed list of assumptions and scope of services for the project are outlined below. Scope of Work: This work consists of the following phases: Phase 1 – TIF Assistance Program Creation In this phase, Sanderson Stewart will work with the District staff to develop the assistance program. Specific activities include: • Development of program objectives and general policies • Development of eligibility and review criteria and scoring • Drafting of the program description, objectives and policies • Development and drafting of program application and information materials • Meetings with staff, Northeast Urban Renewal Board and others to review materials and solicit feedback • Revisions as necessary to finalize the documents Phase 2 – TIF Assistance Application Review In this phase, Sanderson Stewart will work with the District staff to review applications, complete an analysis of the criteria, scoring, and prepare a report to accompany the application review. This phase will be on an as-needed basis and billed as a time-and-materials per application review. Specific tasks may include: • Review and of application materials • Analysis compliance with program objectives • Review and determination of scoring • Assistance with preparation of staff report 281 Page 2 of 2 Fees and Billing Arrangements: Phase Fee 1. TIF Assistance Program Development $4,400 2. Application Reviews T&M Total $4,400 + T&M Sanderson Stewart will bill for its services on a lump sum basis with a project total of $4,400 plus time and materials for Phase 2 work. Project Schedule: The anticipated schedule for this project will be approximately 3 months for Phase 1services from the date of authorization to proceed. Phase 2 will be on an on-call basis. 282 City of Bozeman Urban Renewal District Term Contract Task Order Number #NP21-001 PROJECT:TIF Assistance Program Development Services Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Sanderson Stewart for Architectural and Engineering Services. This Task Order is dated [] between the City of Bozeman Economic Development Department and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: City: David Fine, Urban Renewal Program Manager Contractor: Danielle Scharf, Sanderson Stewart SCOPE OF WORK:The scope for this task order is detailed in the attached City of Bozeman Urban Renewal District Scope of Work – Task Order Number NP21-001. COMPENSATION:Sanderson Stewart will bill for its services on a lump sum basis with a project total of $4,400. The provisions of the Professional Services Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Sanderson Stewart Jeff Mihelich, City Manager Danielle Scharf, Principal 283 Urban Renewal District Term Contract Scope of Work – Task Order No. NP21-001 TIF Assistance Program Development Services 5/14/2021 Sanderson Stewart is pleased to provide this scope of work for the assist in the writing and development of a TIF Assistance program for the North Park Urban Renewal District. The Bozeman City Commission has authorized the North Park Urban Renewal Board to implement and administer the tax increment financing assistance program in the North Park Urban Renewal District. This work to prepare documents for this program is to be done as a part of the Urban Renewal District term contract for architectural and engineering services. The work includes drafting procedures, criteria, and application materials for a new program to assist property owners with qualified reimbursement expenses for redevelopment within the District. A detailed list of assumptions and scope of services for the project are outlined below. Scope of Work: This work consists of the following phases: Phase 1 – TIF Assistance Program Creation In this phase, Sanderson Stewart will work with the District staff to develop the assistance program. Specific activities include: • Development of program objectives and general policies • Development of eligibility and review criteria and scoring • Drafting of the program description, objectives and policies • Development and drafting of program application and information materials • Meetings with staff, North Park Urban Renewal Board and others to review materials and solicit feedback • Revisions as necessary to finalize the documents Phase 2 – TIF Assistance Application Review In this phase, Sanderson Stewart will work with the District staff to review applications, complete an analysis of the criteria, scoring, and prepare a report to accompany the application review. This phase will be on an as-needed basis and billed as a time-and-materials per application review. Specific tasks may include: • Review and of application materials • Analysis compliance with program objectives • Review and determination of scoring • Assistance with preparation of staff report 284 Page 2 of 2 Fees and Billing Arrangements: Phase Fee 1. TIF Assistance Program Development $4,400 2. Application Reviews T&M Total $4,400 + T&M Sanderson Stewart will bill for its services on a lump sum basis with a project total of $4,400 plus time and materials for Phase 2 work. Project Schedule: The anticipated schedule for this project will be approximately 3 months for Phase 1services from the date of authorization to proceed. Phase 2 will be on an on-call basis. 285 City of Bozeman Urban Renewal District Term Contract Task Order Number #PY21-001 PROJECT:TIF Assistance Program Development Services Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Sanderson Stewart for Architectural and Engineering Services. This Task Order is dated [] between the City of Bozeman Economic Development Department and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: City: David Fine, Urban Renewal Program Manager Contractor: Danielle Scharf, Sanderson Stewart SCOPE OF WORK:The scope for this task order is detailed in the attached City of Bozeman Urban Renewal District Scope of Work – Task Order Number PY21-001. COMPENSATION:Sanderson Stewart will bill for its services on a lump sum basis with a project total of $4,400. The provisions of the Professional Services Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Sanderson Stewart Jeff Mihelich, City Manager Danielle Scharf, Principal 286 Urban Renewal District Term Contract Scope of Work – Task Order No. PY21-001 TIF Assistance Program Development Services 5/14/2021 Sanderson Stewart is pleased to provide this scope of work for the assist in the writing and development of a TIF Assistance program for the Pole Yard Urban Renewal District. The Bozeman City Commission has authorized the Pole Yard Urban Renewal Board to implement and administer the tax increment financing assistance program in the Pole Yard Urban Renewal District. This work to prepare documents for this program is to be done as a part of the Urban Renewal District term contract for architectural and engineering services. The work includes drafting procedures, criteria, and application materials for a new program to assist property owners with qualified reimbursement expenses for redevelopment within the District. A detailed list of assumptions and scope of services for the project are outlined below. Scope of Work: This work consists of the following phases: Phase 1 – TIF Assistance Program Creation In this phase, Sanderson Stewart will work with the District staff to develop the assistance program. Specific activities include: • Development of program objectives and general policies • Development of eligibility and review criteria and scoring • Drafting of the program description, objectives and policies • Development and drafting of program application and information materials • Meetings with staff, Pole Yard Urban Renewal Board, and others to review materials and solicit feedback • Revisions as necessary to finalize the documents Phase 2 – TIF Assistance Application Review In this phase, Sanderson Stewart will work with the District staff to review applications, complete an analysis of the criteria, scoring, and prepare a report to accompany the application review. This phase will be on an as-needed basis and billed as a time-and-materials per application review. Specific tasks may include: • Review and of application materials • Analysis compliance with program objectives • Review and determination of scoring • Assistance with preparation of staff report 287 Page 2 of 2 Fees and Billing Arrangements: Phase Fee 1. TIF Assistance Program Development $4,400 2. Application Reviews T&M Total $4,400 + T&M Sanderson Stewart will bill for its services on a lump sum basis with a project total of $4,400 plus time and materials for Phase 2 work. Project Schedule: The anticipated schedule for this project will be approximately 3 months for Phase 1services from the date of authorization to proceed. Phase 2 will be on an on-call basis. 288 Memorandum REPORT TO:City Commission FROM:Anna Saverud, Assistant City Attorney Greg Sullivan, City Attorney SUBJECT:Resolution 5310, Appointing Health Officer MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:I move to approve the appointment of Lori Christenson to serve as the Gallatin City-County Board of Health Officer. 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 House Bill 257(“HB 257”) and the bills were signed into law by Governor Gianforte. Both bills dramatically reduce the powers of local health boards, including the ability for a local health board to appoint a health officer. The new legislation now requires local health boards recommend appointment of a health officer to the “local governing body” for the governing body’s 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 provided notice of his resignation, effective June 2021. The Gallatin City-County Board of Health (the Board) has gone through an extensive recruitment process for a new Health Officer. The vacancy was posted in early April and closed May 2nd. Applications were received from 14 individuals, five of whom were moved to a pre-interview process which was conducted by the Board's Chairperson Becky Franks, Vice- chairperson Buck Taylor, and Health Officer Matt Kelley. The pool was further narrowed to three candidates for formal interviews. The interviews were conducted by a committee comprised of County Commissioner Joe Skinner, City Commissioner I-Ho Pomeroy, Chairperson Becky Franks, Vice- chairperson Buck Taylor, and two health department employees. On May 20th the three finalists were part of a community question/answer forum held via Zoom which was noticed in both the Bozeman Daily Chronicle and on the Health Department’s website. A portal on the Board of Health’s 289 website was opened for public comment prior to the forum to gather questions for the finalists, and remained open following the forum until May 26th to gather further public comment. At the May 27 th Board of Health Meeting, the Board passed Resolution 2021-005, recommending the appointment of Lori Christenson to serve as Health Officer be approved by the City and County Commissions. Ms. Christenson meets the statutory requirements to serve as Health Officer and was previously approved by the City and County Commissions to serve as Interim Health Officer in the event a permanent replacement was not selected prior to Health Officer Kelley’s departure. UNRESOLVED ISSUES:None anticipated. ALTERNATIVES:Not approve the appointment and recommend a different candidate. FISCAL EFFECTS:None anticipated. Attachments: Resolution 5310 Appointing Health Officer.pdf Board of Health Res. No. 2021-005.pdf Criteria for Hiring Lori Christenson.pdf Report compiled on: June 2, 2021 290 RESOLUTION NO. 5310 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CONFIRMING THE APPOINTMENT OF LORI CHRISTENSON AS 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 the public 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 provided notice of his resignation, effective in June 2021, and the Board has gone through a recruitment process for a new Health Officer; 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 “local governing body” for approval; WHEREAS, the Bozeman City Commission and the Gallatin County Commission qualify as a “local governing body” under HB 121; WHEREAS, the Board represents it has conducted a thorough and public recruitment process for a new Health Officer with opportunity for public comment and questions, and voted May 27, 2021 to recommend that the City and County Commissions approve the appointment of Lori Christenson to serve as Health Officer; and, 291 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 approves Lori Christenson be appointed and serve as the 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 8th day of June, 2021. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ________________________________ GREG SULLIVAN City Attorney 292 293 294 Public Health Officer Hiring Criteria Candidate: Lori Christenson Criteria Strengths Weakness Educational background MPH, Undergrad in Environmental Health, Registered Sanitarian Work in either a local or state health department Worked in various departments in local public health and works with DEQ A leadership style that is collaborative and considers the opinions of many diverse stakeholders Strong leadership style that is collaborative and honors the skills of staff. Leading the Food Bank she worked with a variety of voices Background in program planning, quality assurance with accreditation Lots of experience in program planning as chronic disease manager, quality assurance and accreditation. Experience in both human services and environmental health Very strong in both areas Experience supervising staff of multiple backgrounds and disciplines Experience is strong in multiple backgrounds with Food Bank and EHS Most employees is 12 Experience putting together complex budgets, including grant compliance Division-wide budget development, strong grant writing skills. Has not developed a budget for the entire department Experience with policy development Policy development with EHS subcommittee, policy development with CD Experience reporting to a board and working within local government Worked with the Board of Health as EHS Director, behind the scenes Never worked for a Board Experience working with the media and public-speaking Was the lead spokes person for the Food Bank and tobacco use with chronic disease. Took a turn being the public voice during COVID and is very articulate. Has not been the lead voice Experience in the incident command system Very experienced and would jump into any role. Brings people together. Demonstrated understanding of public health system in Gallatin County and Montana Fully understands the public health system in Gallatin County and Montana as well as challenges that lie ahead. Recommendation: Lori understands our community, is well educated in the full breadth of Public Health. She has proven that she can handle the stress of the position, experienced in accreditation, planning and budgets, and has a lot of integrity and work ethic. 295 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Marty Matsen, Community Development Director SUBJECT:Ordinance 2060, Provisional Adoption of the NorthWestern Energy Glen Lake 2021 Zone Map Amendment to Amend the Zoning Map on 5.46 Acres From Public Lands and Institutions PLI to Light Manufacturing M-1 Located on the West Side of the Northernmost Extent of North Rouse Avenue North of Griffin Drive, Application 21011 MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Ordinance 2060, Provisional Adoption of the NorthWestern Energy Glen Lake 2021 Zone Map Amendment to Amend the Zoning Map on 5.46 Acres From Public Lands and Institutions PLI to Light Manufacturing M-1 Located on the West Side of the Northernmost Extent of North Rouse Avenue North of Griffin Drive, Application 21011. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The City Commission preliminarily approved the amendment at their meeting on May 4th. The packet materials from that meeting are available at https://d2kbkoa27fdvtw.cloudfront.net/bozeman/a6a0f21d0dcd7a458a855c7424ff0d2a0 UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the City Commission. FISCAL EFFECTS:As identified in the initial staff report. Attachments: 21011 NWE Glen Lake ZMA 2060.docx Northwestern_East_Parcel_Zoning_Exhibit_05-11-21.pdf Report compiled on: May 20, 2021 296 Page 1 of 6 ORDINANCE NO. 2060 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP FROM PLI, PUBLIC LANDS AND INSTITUTIONS, TO M-1 LIGHT MANUFACTURING DISTRICT, THE NORTHWESTERN ENERGY GLEN LAKE 2021 ZONE MAP AMENDMENT, APPLICATION 21011. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2, Part 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map on 5.462 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on April 12, 2021 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 21011, the NorthWestern Energy Glen Lake 2021 Zone Map Amendment, be approved as requested by the applicant; and 297 Ordinance 2069, Buffalo Run Zone Map Amendment Page 2 of 6 WHEREAS, after proper notice, the City Commission held its public hearing on May 4, 2021, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 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 are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the requested amendment from PLI district to M-1 district. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to 298 Ordinance 2069, Buffalo Run Zone Map Amendment Page 3 of 6 the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission 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 the NorthWestern Energy Glen Lake 2021 Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby amended from PLI, Public Lands and Institutions District to M-1, Light Manufacturing District: The property is described as: A tract of land being a portion of Northeast Annexation Tract 33 situated in the SW1/4 of Section 31, T. 1 S., R. 6 E., P.M.M., in the City of Bozeman, Gallatin County, Montana, said tract being more particularly described as follows, to wit: Beginning at a point on the north right-of-way line of East Griffin Drive, said point being situated N 01°04'12" W a distance of 30.00 feet from the south one-quarter corner of Section 31, T. 1 S., R. 6 E., P.M.M.; thence from said Point Of Beginning, along said north right-of-way line, S 89°25'04" W a distance of 50.00 feet to the southeast corner of Northeast Annexation Tract 36; thence, along the easterly line of said Northeast Annexation Tract 36 and the easterly line of Northeast Annexation Tract 34 N 01°04'12" W a distance of 457.42 feet to the northeast corner of said Northeast Annexation Tract 34; thence, along the northerly lines of said Northeast Annexation Tract 34 and Northeast Annexation Tract 35 N 46°13'31" W a distance of 73.80 feet and N 82°32'31" W a distance of 300.20 feet to the northwest corner of said Northeast Annexation Tract 35, said point being on the east line of Bozeman Industrial Park; thence, along the east line of Bozeman Industrial Park, N 01°02'40" W a distance of 640.70 feet to the northeast corner of Tract 4 of said Bozeman Industrial Park; thence N 35°55'45" E a distance of 7.68 feet; thence along a line which is parallel with and 25.00 feet distant from the southerly line of Tract GL1 of Certificate of Survey No. 1221, S 54°04'15" E a distance of 462.42 feet; thence N 62°25'47" E a distance of 27.94 feet to the southeast corner of said Tract GL1, said point being on the west line of Northeast Annexation Tract 31; 299 Ordinance 2069, Buffalo Run Zone Map Amendment Page 4 of 6 thence, along the west line of said Northeast Annexation Tract 31 and the west line of Minor Subdivision No. 310, S 01°04'12" E a distance of 935.33 feet to the Point Of Beginning; said described tract containing an area of 5.462 acres, more or less. All as depicted on the NorthWestern Energy Glen Lake 2021 Zone Map Amendment Map. 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. 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 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. 300 Ordinance 2069, Buffalo Run Zone Map Amendment Page 5 of 6 This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ of ____________________, 2021. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2021. The effective date of this ordinance is __________, __, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: 301 Ordinance 2069, Buffalo Run Zone Map Amendment Page 6 of 6 _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 302 303 Memorandum REPORT TO:City Commission FROM:Jacob Miller, Assistant Planner Brian Krueger, Development Review Manager Martin Matsen, Community Development Director SUBJECT:Ordinance 2070, Final 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:June 8, 2021 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Approve final adoption of Ordinance 2070 STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:On May 11, 2021, the City Commission held a public hearing to consider this text amendment. There were 14 public comments received during the legal notice period, the majority being in support of the proposed amendments and two comments that presented opposition and suggestions for a couple components of the ordinance. The materials related to the City Commission’s consideration of this matter, including the staff report and ordinance, are available at: https://d3n9y02raazwpg.cloudfront.net/bozeman/ef28adf5-38d3-11eb- bc32-0050569183fa-fe79a6b1-7e9d-46cc-a231-34167bd6c5eb- 1620330412.pdf. The City Commission voted four in favor and one opposed to provisionally adopt Ordinance 2070. Video of the City Commission hearing is available at https://bozeman.granicus.com/player/clip/86? view_id=1&redirect=true and discussion of the item begins at approximately 2:21:21. UNRESOLVED ISSUES:None. ALTERNATIVES:1) Final adoption of Ordinance 2070 as presented and recommended. 2) Determine that the prior decision was in error and do not adopt the 304 ordinance. FISCAL EFFECTS:None. Attachments: Ordinance 2070 Form & Intensity Standards Update.pdf Ordinance 2070 Form & Intensity Standards Update Final Adoption Memo.pdf Report compiled on: May 20, 2021 305 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 306 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: 307 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 with all other portions remaining unchanged: 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 20 308 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 — — — — — Maximum building height Variable 8 55/70 9 55 10 6010 45 50 45 50 — 45 50 309 Ordinance 2070, Form and Intensity Standards Update Page 5 of 10 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 Residential Garages — Note 18 Note 18 Note 18 — — — — — Note 18 310 Ordinance 2070, Form and Intensity Standards Update Page 6 of 10 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 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 311 Ordinance 2070, Form and Intensity Standards Update Page 7 of 10 Element Standard ( refers to departure opportunities, see subsection 38.510.030 below) 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: 1. Minimum front setback provisions of division 38.320 supersede the building location provisions set forth in subsection G.2 of this section. 312 Ordinance 2070, Form and Intensity Standards Update Page 8 of 10 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. Section 7 313 Ordinance 2070, Form and Intensity Standards Update Page 9 of 10 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. 314 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 315 1 REPORT TO: Mayor and City Commission FROM: Jacob Miller, Assistant Planner Martin Matsen, Director of Community Development SUBJECT: Ordinance 2070, Final 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: June 8, 2020 AGENDA ITEM TYPE: Consent II RECOMMENDATION: Approve final adoption of Ordinance 2070. BACKGROUND: On May 11, 2021, the City Commission held a public hearing to consider this text amendment. There were 14 public comments received during the legal notice period, the majority being in support of the proposed amendments and two comments that presented opposition and suggestions for a couple components of the ordinance. The materials related to the City Commission’s consideration of this matter, including the staff report and ordinance, are available at: https://d3n9y02raazwpg.cloudfront.net/bozeman/ef28adf5-38d3-11eb-bc32-0050569183fa-fe79a6b1- 7e9d-46cc-a231-34167bd6c5eb-1620330412.pdf. The City Commission voted four in favor and one opposed to provisionally adopt Ordinance 2070. Video of the City Commission hearing is available at https://bozeman.granicus.com/player/clip/86?view_id=1&redirect=true and discussion of the item begins at approximately 2:21:21. UNRESOLVED ISSUES: None. ALTERNATIVES: 1) Final adoption of Ordinance 2070 as presented and recommended. 2) Determine that the prior decision was in error and do not adopt the ordinance. FISCAL EFFECTS: None Attachments: Ordinance 2070 Commission Memorandum 316 2 Report compiled on May 17, 2020 317 Memorandum REPORT TO:City Commission FROM:Kelley Rischke, Assistant City Attorney Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT:Ordinance 2074, Final Adoption of Repealing and Replacing Division 38.270 – Improvements and Guarantees of the Bozeman Municipal Code to Require Sidewalk Installation within the Timeframes that All Other Infrastructure is Installed, Allow More Flexibility to Concurrently Construct Infrastructure and Development Projects, and Generally Clean Up the Code MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Ordinance 2074, Final Adoption of Repealing and Replacing Division 38.270 – Improvements and Guarantees of the Bozeman Municipal Code to Require Sidewalk Installation within the Timeframes that All Other Infrastructure is Installed, Allow More Flexibility to Concurrently Construct Infrastructure and Development Projects, and Generally Clean Up the Code. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:On May 11, 2021, the City Commission held a public hearing to consider this text amendment. There was no public comment regarding the proposed amendments. The materials related to the City Commission’s consideration of this matter, including the staff report and ordinance, are available at: https://d3n9y02raazwpg.cloudfront.net/bozeman/ef28adf5-38d3-11eb- bc32-0050569183fa-fe79a6b1-7e9d-46cc-a231-34167bd6c5eb- 1620330412.pdf. The City Commission voted four in favor and one opposed to provisionally adopt Ordinance 2074. Video of the City Commission hearing is available at https://bozeman.granicus.com/player/clip/86? view_id=1&redirect=true and discussion of the item begins at approximately 1:28:50. UNRESOLVED ISSUES:None. ALTERNATIVES: 1) Final adoption of Ordinance 2074 as presented and recommended. 318 2) Determine that the prior decision was in error and do not adopt the ordinance. FISCAL EFFECTS:None. Attachments: FINAL ADOPTION Ordinance 2074 Div 38 270 Improvements and Guarantees.pdf Report compiled on: May 17, 2021 319 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 DEFERRED 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 INFRASTRUCTURE 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 320 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 and 76-3-102. 321 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 text amendment, including accordance to the Bozeman Community Plan 2020, and required contents for local subdivision regulations 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 and subdivision 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: 322 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 Montana 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 323 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 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 of Montana, 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. 324 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 a 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 Montana 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 325 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 of Montana, 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 of Montana 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 326 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, 327 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. 328 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 Montana 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 for Concurrent Construction. 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 Montana 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 329 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 11 of 24 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; 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. 330 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 12 of 24 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. 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 Montana 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 331 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 13 of 24 improvement must meet or exceed standards set by the city, Montana department of environmental quality, and county road office, as appropriate. Improvements must be reviewed and approved by the city and other agency, as applicable. 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. 332 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 14 of 24 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. 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. Subdivision. 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. Site Development. 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; 333 Ordinance 2074, Repeal and Replace Division 38.270 of the Bozeman Municipal Code Page 15 of 24 b. Detailed cost estimates and construction plans of all required on-site and off-site improvements must be made a part of the agreement; 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 held in the posession 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 334 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. 335 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. 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. 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. 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. 336 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: 337 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; 338 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. 339 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 division. 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 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 canbe 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 340 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 341 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. 342 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 343 Memorandum REPORT TO:City Commission FROM:Sarah Rosenberg, Associate Planner Addi Jadin, Park Planning and Development Manager Brian Krueger, Development Review Manager Martin Matsen, Director of Community Development SUBJECT:Blackwood Groves Major Subdivision Preliminary Plat, Application 20447 (Quasi-Judicial) MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Commission Recommended Motion 1 (Park Master Plan): Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20292 and 20447 related to the Blackwood Groves Park Master Plan and move to approve the Park Master Plan with conditions and subject to all applicable code provisions. Commission Recommend Motion 2 (Preliminary Plat): 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 20447 and move to approve the subdivision with conditions and subject to all applicable code provisions. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:Preliminary plat to create a major subdivision for a mixed use community that includes 127 single household residential lots, 14 multi-household residential lots, 22 townhouse/rowhouse lots, 3 commercial lots, 8 common open space lots, and 16 City Park lots on 119.45 acres. The property is zoned REMU. For full details, see attached staff report. Application materials – Available through the Laserfiche archive linked agenda materials and the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx? id=229622&dbid=0&repo=BOZEMAN 344 UNRESOLVED ISSUES:None ALTERNATIVES:1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. This alternative is requested if the Commission wishes to amend or add conditions of approval. FISCAL EFFECTS:None Attachments: 20447 CC Staff Report June 8 updated.pdf Report compiled on: May 26, 2021 345 Page 1 of 36 20447, Staff Report for the Blackwood Groves Major Subdivision Public Hearing Date: The Planning Board held a public hearing on the application on May 17, 2021 at 6:00 via WebEx. The Planning board will reopen this matter and complete its review of the application on June 7, 2021 at 6:00pm via WebEx. A WebEx link will be provided with the Planning Board agenda. The City Commission began a public hearing on May 25, 2021 and will reopen this matter and complete it public hearing on the application on June 8, 2021 at 6:00pm via WebEx. A WebEx link will be provided with the City Commission agenda. Project Description: Preliminary plat to create a major subdivision for a mixed use community that includes 127 single household residential lots, 14 multi-household residential lots, 22 townhouse/rowhouse lots, 3 commercial lots, 8 common open space lots, and 16 City Park lots on 119.45 acres. The property is zoned REMU. Project Location: South of Alder Creek Drive, East of South 19th Avenue, West of Hidden Springs Lake. RW Sec 24 & N2N2NW4 Sec 25, RW Sec 24 & N2N2NW4 Sec 25, City of Bozeman, Gallatin County, MT. Recommendation: The application conforms to standards and is sufficient for approval with conditions and code provisions. Planning Board Recommended Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20447 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Commission Recommended Motion 1 (Park Master Plan): Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20292 and 20447 related to the Blackwood Groves Park Master Plan and move to approve the Park Master Plan with conditions and subject to all applicable code provisions. Commission Recommend Motion 2 (Preliminary Plat): 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 20447 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: May 26, 2021 Staff Contact: Sarah Rosenberg, Associate Planner Lance Lehigh, Project Engineer Addi Jadin, Parks Planning and Development Manager 346 20447, Staff Report Blackwood Groves Major Subdivision Page 2 of 36 Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues There are no known unresolved issues. Project Summary This report is based on the application materials submitted and any public comment received to date. The property owner and applicant made application to develop the vacant property on the south side of Bozeman. The 119.45 acre property is located to the south and west of South 11th Avenue and to the east of South 19th Avenue. Sacajawea Middle School comprises most of the eastern boundary. The application proposes the subdivision into 190 lots; 127 single household residential lots, 14 multi-household lots, 22 townhouse/rowhouse lots, 3 commercial lots, 8 common open space lots, and 16 City Park lots. The subject property was annexed to the City on June 15, 2020 and initial zoning was adopted on June 15, 2020 as Residential Emphasis Mixed Use (REMU). A staff report for the Master Site Plan application no. 20292, as required by REMU zoning, has been forwarded to the Director of Community Development for approval on May 17, 2021. The property is currently unoccupied and has been historically used for agriculture. There are multiple watercourses present on the property, running north-south, with associated wetlands. Blackwood Groves is set to be a mixed-use community that will include a variety of housing types, a mixed-use town center, and a series of parks, plazas, and natural open spaces and trails developed over nine phases. There town center area of the site located in the center of the development. Commercial uses cannot exceed 30% of the total gross building square footage within the REMU zone district. The purpose of the REMU zone district is to establish an area that is mixed-use in character and provide options for a variety of housing, employment, retail, and neighborhood service opportunities. All developable lots within this subdivision will require further development review and public notice prior to building permit issuance. The subdivision proposes 10.86 acres of unrestricted/qualifying parkland over 16 park lots and an additional 7.48 of non-qualifying land within the parks if accepted by City Commission (storm water facilities, access easements, watercourse and setback areas). In-lieu of 2 acres of required parkland, the proposal includes improvements equivalent to 5.42 acres and the developer proposes to provide the improvements-in-lieu that would be required for future lot development as the subdivision phases are constructed. The parkland is primarily organized around a few key features: the extension of the Gallagator Trail along its planned route which coincides with a watercourse for the length of the subdivision, a mature tree grove along an 347 20447, Staff Report Blackwood Groves Major Subdivision Page 3 of 36 irrigation ditch that also runs north-south, and the desire to disperse activated parkland throughout the subdivision via a linear park system. The Recreation and Parks Advisory Board (RPAB) Subdivision Review Committee recommended approval of the subdivision and the parks master plan for the development with recommended conditions of approval on April 23, 2021 (per RPAB bylaws, the park master plan was not reviewed by the larger board). The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made within 80 working days of the date it was deemed adequate. The Development Review Committee (DRC) deemed the application adequate for continued review on April 29, 2021. Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by August 19, 2021, unless there is a written extension from the developer, not to exceed one year. The City Commission requests that the Planning Board complete their formal recommendation process at their June 7, 2021 meeting. The video for the May 17, 2021 Planning Board meeting can be found at the following link: https://bozeman.granicus.com/player/clip/89?view_id=1&redirect=true The City Commission will reopen and complete its public hearing on the application on June 8, 2021. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. This alternative is requested if the Commission wishes to amend or add conditions of approval. 348 20447, Staff Report Blackwood Groves Major Subdivision Page 4 of 36 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES .......................................................................................................... 5 SECTION 2 – REQUESTED VARIANCES ............................................................................... 11 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .......................................... 11 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 15 SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 22 SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 22 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. .................... 22 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 24 Preliminary Plat Supplements ........................................................................................... 28 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 33 APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 11 APPENDIX C – PROJECT BACKGROUND ............................................................................. 35 APPENDIX D - OWNER INFORMATION ................................................................................ 35 ATTACHMENTS ......................................................................................................................... 35 349 20447, Staff Report Blackwood Groves Major Subdivision Page 5 of 36 SECTION 1 - MAP SERIES Figure 1. Zoning classification 350 Page 6 of 36 Figure 2. Preliminary Plat 351 20447, Staff Report Blackwood Groves Major Subdivision Page 7 of 36 Figure 3. Wetland Exhibit 352 20447, Staff Report Blackwood Groves Major Subdivision Page 8 of 36 Figure 4. Land Use Plan 353 20447, Staff Report Blackwood Groves Major Subdivision Page 9 of 36 Figure 5. Conceptual Plan 354 20447, Staff Report Blackwood Groves Major Subdivision Page 10 of 36 Figure 6. Pedestrian Circulation 355 Page 11 of 36 SECTION 2 – REQUESTED VARIANCES There are no variances requested with this subdivision application. SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the preliminary plat application. Staff has considered the impacts as identified in the staff analysis and application materials and these conditions of approval are reasonably related and roughly proportionate to the development. 1. BMC 38.220.070. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 2. BMC 38.220.070.A.7. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owners’ association of any open space proposed to be conveyed to the property owners’ association and all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the property owners association and associated realty transfer certificate. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat. For personal property installed upon open space owned by the property owners association, the subdivider shall provide an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. 3. BMC 38.240.150.A.3. Deeds and Realty transfer certificates must be provided for transfer of any platted tract to the City or other entity in association with filing of the final plat. 4. BMC 38.410.060.A. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 5. BMC 38.240.410. The certificate of dedication on the final plat shall include the specific names of the streets dedicated to the public for which the City accepts responsibility. 6. In order to disclose to future purchasers their obligations regarding open space established in the municipal code the following language shall be included on the Conditions of Approval Sheet of the final plat: 356 20447, Staff Report Blackwood Groves Major Subdivision Page 12 of 36 “As established by 38.220.320.A, 38.340.150.A.3.d, and other applicable elements of the municipal code, ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners’ association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owners’ association created by the subdivider to maintain all common open space areas within Blackwood Groves subdivision. The City may release the Blackwood Groves Property Owners’ Association from the obligation to maintain parks dedicated to the City at the City’s discretion.” 7. BMC 38.220.020.A. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant. 8. BMC 38.240.530. A well, including equipment and associated permitting, used for public irrigation must be transferred to the City or POA as applicable. A certificate of water related improvements is required per Section 38.240.530. Any financially guaranteed water related improvements agreements must include a warranty of workmanship. 9. BMC 38.240.150.A. All Irrigation wells located within the exterior boundaries of the development shall include Montana DNRC certificates which shall be provided to the City with the final plat submittal. Ownership of any well and associated water right within common open space owned by the property owner’s association shall be transferred to the property owner’s association in conjunction with the final plat. All wells shall include a meter or other device to determine consumption. 10. The applicant must add a note to the conditions of approval sheet of the plat that all stormwater infrastructure located outside of the public right-of-way must be maintained by the property owners’ association (POA). 11. The applicant must include a note on the conditions of approval sheet of the final plat that states that maintenance of all stormwater facilities, including stormwater facilities within the park parcels, is the responsibility of the property owners’ association (POA). 12. With final covenants, provide a one page exhibit of lots 1-6 of block 28 as identified on the preliminary plat, page 7 identified by legal description that includes setback 357 20447, Staff Report Blackwood Groves Major Subdivision Page 13 of 36 requirements, watercourse setback zones, building area, and landscape/watercourse setback planting requirements. 13. BMC 38.410.100. No accessory structures, patios, or recreational equipment (i.e. swingset, trampoline. etc.) can be located within the watercourse setback. This language should be included in the Final Design Manual and Covenants. 14. BMC 38.410.060. No landscaping (such as trees or bushes) beyond groundcovers or fencing can be installed within an access or utility easement granted to the City of Bozeman without written consent of the City of Bozeman. With final covenants, include a statement that says that no landscaping (such as trees or bushes) or fencing can be installed within the utility or access easement. 15. BMC 38.220.070 - The final plat must contain the following notation on the Conditions of Approval sheet prior to Final Plat Approval: a. BMC 38.220.320.A. The responsibility of maintenance for the stormwater facilities including those in public parks, stormwater open space lots, pedestrian open space lots and street frontage landscaping for the perimeter streets must be that of the property owners’ association. Maintenance responsibility must include, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets. The property owners’ association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping and stormwater facilities and all open space landscaping. b. BMC 38.410.060.C. All stormwater facilities not on property dedicated to the City of Bozeman require public utility easement for storm water facility maintenance. Due to known high groundwater conditions in the area no basements will be permitted with future development of the site. c. No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. d. A median is the portion of the roadway separating opposing directions of the roadway, or local lanes from through travel lanes. All medians within the 358 20447, Staff Report Blackwood Groves Major Subdivision Page 14 of 36 subdivision are to be maintained by the property owners association. A separate City approved maintenance agreement must be recorded with the Clerk and County recorder and incorporated into the subdivisions Covenants, Conditions & Restrictions. e. The back-in angled parking is to be maintained by the property owners association which includes snow removal, pavement maintenance, and all other maintenance functions of the back-in angled parking spaces. f. Although an easement or parkland dedication is required at the time of final plat, the Parks and Recreation Department does not assume maintenance responsibility for parkland and improvements until after Final Plat and until the park meets requirements of 38.420.080 and the approved park master plan, all conditions of approval for the subdivision or park master plan are completed, and written acknowledgement of final acceptance has been provided by the City. g. Every owner of land fronting or abutting on a paved sidewalk or other path within a park and connected to said sidewalk or path via a pedestrian pathway shall remove and clear away, or cause to be removed and cleared away, any snow and ice from that portion of the sidewalk in front of or abutting the building or lot of land within 24 hours. However, in the event the superintendent of parks determines the snow and ice on a sidewalk cannot be reasonably removed, the superintendent may require the use of sand or other suitable substance to make pedestrian travel reasonably safe. In that event, however, the sidewalk will be thoroughly cleaned as soon as the weather permits. 16. The applicant must file the City approved maintenance agreement with the County Clerk and Recorder, have a note added to the Conditions of Approval Sheet that identifies the maintenance requirements and responsibilities of the back-in angled parking spaces, and include the agreement in the subdivisions Covenants, Conditions & Restrictions prior to Final Plat Approval. 17. A 1 foot no access strip shall be placed along all lots fronting on South 19th Street. 18. A 1 foot no access strip shall be placed along all lots fronting on South 11th Street. 19. A 1 foot no access strip shall be placed along all lots fronting on Blackwood Road. 20. BMC 38.410.130.C. If water rights or cash-in-lieu of water rights, have not been provided with Final Plat, then water rights or cash-in-lieu must be provided with any future site plan development or applicable development application. 21. BMC 38.410.060.B. The applicant is advised where lots have a store front block frontage designation the applicant must demonstrate alternative means to supply dry utilities and easements through and within such lots prior to Final Plat Approval. 359 20447, Staff Report Blackwood Groves Major Subdivision Page 15 of 36 22. BMC 38.410.060.D. A ditch maintenance agreement with the Middle Creek Ditch Company (MCDC) must be provided prior to Final Plat Approval of the first phase of the development. The agreement must describe the necessary easement width for maintenance of the ditch. The applicant is advised that if the MCDC and the applicant cannot agree an easement width, a 10 foot wide standard ditch maintenance easement would be required. The applicant is advised that if an agreement cannot be reached with MCDC the configuration and layout of the proposed subdivision could change and can proceed at their own risk. 23. The project falls in the “Meadow Creek signal, water, and sewer Payback” area. The applicant must pay the payback fees prior Final Plat Approval. 24. A road connection to South 19th Avenue must occur with the first phase of the development prior to Final Plat Approval. 25. BMC 38.400.010 - South 11th and Blackwood Road must be constructed to a collector standard according to the City’s Transportation Master Plan (TMP). Left turn lanes must be provided for all intersections deemed necessary by City Engineering in Blackwood Road and South 11th Avenue prior to Final Plat Approval. The turn lane must be included within the infrastructure submittal plan set. 26. A maintenance access easement from the City is required for developer/POA access to stormwater features within park lots prior to Final Plat approval. Prepare easement documents that include the area of access for stormwater feature maintenance. 27. Easements for trails within open space parcels must include agreement to utilize city-wide wayfinding and allow parks staff to install and/or repair wayfinding. 28. Covenants must clarify whether snow and ice removal from park sidewalks is the responsibility of the POA or adjacent property owner. 29. A preconstruction meeting with the Park Division is required prior to any site work. Applicants must provide final park plans with all improvements proposed along with preconstruction meeting request at least 30 days prior to planned commencement of parkland construction. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat and must be satisfied at the final plat. 1. The final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin 360 20447, Staff Report Blackwood Groves Major Subdivision Page 16 of 36 on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 2. BMC 38.100.080.A. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 3. BMC 38.220.300 and 310. The Property Owners’ Association (POA) documents must be finalized and recorded with the final plat. The POA documents must include the requirements of Section 38.220.300 and 320. 4. BMC 38.270.030. The applicant must submit plans and specifications for water and sewer main extensions, streets, and storm water improvements, prepared and signed by a professional engineer (PE) registered in the State of Montana, which must be provided to and approved by the City Engineer. Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The applicant must also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. Building permits will not be issued prior to City acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.270.030.C of the Bozeman Municipal Code are met to allow for concurrent construction. 5. BMC 38.400.090. Street easements must be provided for all streets identified in the underling Master Site Plan must be provided prior to each subsequent phase final plat approval to ensure access is provided to all lots. The easements must be reviewed and approved by the City. The easement must be provided using the City’s standard language for a public street and utility easement. 10 foot utility easements must be provided along all street frontage unless all effected utility companies (provided service to the development) provided written documentation that the easements are not required prior to final plat approval. 6. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private land, personal property, improvements and water rights; documents required. a. (1) For the transfer of real property in satisfaction of required or offered dedications to the city, and required or offered donations or grants to the property owners' association (POA), the subdivider or owner of the property must submit with the application for final plat a warranty deed or other instrument acceptable to the city attorney transferring fee simple ownership to the city or the POA. b. (2) For the transfer of personal property installed upon dedicated parkland or city- owned open space, or POA-owned parkland or open space, the subdivider must 361 20447, Staff Report Blackwood Groves Major Subdivision Page 17 of 36 provide the city an instrument acceptable to the city attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements to the city or the POA. c. (3) The subdivider or owner of the property must record the deed or instrument transferring ownership or interests at the time of recording of the final plat with the original of such deed or instrument returned to the city or POA as applicable. d. (4) For the transfer of ownership interest in water, the subdivider or owner of the property must submit with the application for final plat a deed or other instrument acceptable to the city attorney transferring ownership to the city or POA, along with all required state department of natural resources and conservation documentation, certification and authorization. 7. BMC 38.270.030, Completion of Improvements. If it is the developer’s intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 8. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must specifically list all installed improvements and financially guaranteed improvements. 9. BMC 38.240.520 requires a certificate of completion of non-public improvements. Certificate must specifically list all installed improvements and financially guaranteed improvements. 10. BMC 38.240.510. Separate the Conditions of Approval Notifications and Certifications Certificate from the non-public improvements certificate and match the language in this section. 11. BMC 38.240.530 when irrigation of public facilities are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of water- related improvements. The certificate must list all completed and accepted improvements, including but not limited to all irrigation system record drawings. The subdivision proposes irrigation of public street frontage and city parkland. This certificate must be provided on the final plat. 12. BMC 38.220.020 & 38.610.050 - Approved stream and wetland permits shall be provided prior to public infrastructure approval for public infrastructure impacts to jurisdictional wetland and streams. Permits shall be provided prior to Final Plat Approval. 13. BMC 38.410.070 – The 2015 Water Facility Plan requires the extension of a new 12 inch water main (CIP Number: FP_1347) to the southwest corner of the subject property along S 362 20447, Staff Report Blackwood Groves Major Subdivision Page 18 of 36 19th Ave. The identified 12 inch main must extended through subject property and connect to the existing 16 inch water main in Blackwood Road prior to Final Plat Approval. The main may follow the proposed water main alignment along Street E and Avenue A and must be included within the infrastructure submittal plan set. 14. BMC 38.410.040. Provide design sections for mid-block pedestrian crossings through park 14, open space D, park 5, park 3, and open space B with the final plat. These crossings require 1 tree for every 50 feet per 38.550.050.D. 15. BMC 38.410.130 - Compliance with BMC 38.410.130 shall be met prior to Final Plat approval. The applicant must contact Griffin Nielsen with the City of Bozeman Engineering Department for any cash in lieu of water rights determination. 16. BMC 38.600.180. A No-Rise analysis and floodway encroachment analysis must be provided for Blackwood Road and Cambridge Drive to ensure protection of life and property from flood impacts prior to final plat. 17. BMC 38.410.100. With the final plat, a watercourse planting plan must be prepared that identifies the maintenance of the watercourse setback landscaping. The landscaping identified in the watercourse planting plan must be installed or financially guaranteed prior to final plat approval. 18. BMC 38.220.020, The developer must provide the community development department with a copy of all required streambed, streambank or wetlands permits, or written notification from the appropriate agency that a permit is not required, prior to the commencement of any work on the site and/or final plat approval, whichever is sooner. 19. BMC 38.240.050, Disposition of Water Rights. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Works, is due with the filing of each subdivision final plat. 20. BMC 38.240.420, Mortgagee. If there are liens or mortgages against the property, the appropriate Mortgagee certificate must be included. 21. BMC 38.410.060. A 10-foot utility easement located within the front yard setbacks along Blocks 8, 20 and 22 will need to be shown on the final plat. An 8-foot sidewalk will need to be designed within the access easement along blocks 8, 20, and 22 to meet ASHTO standards. 22. BMC 38.410.060. Remove the pond on block 22 from the access easement with the final plat. 23. BMC 38.410.060. With the final plat, include a 10 foot utility easement along the north side of block 8 adjacent to the proposed sidewalk. 24. BMC 38.270.030.B.3. Completion of Improvements, Lighting. Subdivision lighting must be installed or financially guaranteed prior to final plat approval. If an SILD is utilized for the 363 20447, Staff Report Blackwood Groves Major Subdivision Page 19 of 36 lighting the Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 25. BMC 38.410.120, If mail delivery will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the USPS. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of-way. If cluster boxes are use a dedicated area to pull up and access the boxes must be provided. 26. BMC 38.420.020.D. To ensure coordination when parks are being created by a multiphase development, the entire parkland dedication must be accomplished at the time of the initial phase of the development. If necessary, this may be accomplished through the grant of public access easements during later phases. 27. BMC 38.420.030.D. Where a cash (or improvement) donation has been accepted in-lieu of land dedication, the amount must be stated on the final plat. 28. BMC 38.420.080.B. The park boundary bordering all private lots must be delineated at the common private/public corner pins, with flat, flexible fiberglass posts, a minimum of six feet in length with no less than two feet driven into the ground. Each post must be labeled with a permanent glued on sign stating "Park Boundary" or "Property Boundary." Other forms of boundary marking may be approved by the planning or other appropriate department. 29. BMC 38.420.080.D. Stormwater detention/retention ponds. Stormwater retention or detention ponds may be located within public parkland, but such areas do not count towards the parkland dedication requirement. Any stormwater ponds located on parkland must be designed, constructed and/or added to so as to be conducive to the normal use and maintenance of the park. Stormwater retention or detention ponds must be maintained by the property owners' association. 30. BMC 38.550.070. In accordance with the requirements of this section, installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips on perimeter streets and in and adjacent to City park lots and any open space lots is required prior to final plat approval or must be financially guaranteed. 31. BMC 38.400.110.B.1, Transportation Pathways. Developers must install transportation pathways, to provide adequate multimodal transportation facilities within the development, as part of the required development improvements. Transportation pathways must be Americans with Disabilities Act (ADA) accessible, and include the following types of facilities: a. Sidewalks (also see division 38.510 for sidewalk standards, depending on the applicable block frontage designation); 364 20447, Staff Report Blackwood Groves Major Subdivision Page 20 of 36 b. On-street bike lanes and bike routes; c. Boulevard trails; and d. Class I trails; 32. With the exception of trail corridors within required watercourse setbacks, corridors for Class I trails must be dedicated to the city. The dedicated trail corridor must be at least 25 feet in width to ensure adequate room for the construction, maintenance and use of the trail. Transportation trail corridors cannot be used to satisfy parkland dedication requirements; and a. Pathways that connect community or neighborhood commercial nodes by a reasonably direct route; or b. Pathways that connect major residential, employment, educational, or other service nodes by a reasonably direct route. 33. BMC 38.410.060, Utility easements shall be provided in accordance with the UDC. The required 10-foot front yard easement is required for all lots unless written confirmation is submitted with the preliminary plat from ALL utility companies providing service indicating that front yard easements are not needed. 34. BMC 38.410.080.D, Grading and Drainage. Proposed storm water facilities must be constructed and contained on an individual lot as a common area(s) or parkland owned by the City and maintained by the property owners’ association and noted accordingly in the protective covenants. 35. BMC 38.220.320, Covenants. Covenants, restrictions, and articles of incorporation for the creation of a property owners’ association shall be submitted with the final plat application for review and approval by the Department of Community Development and shall contain, but not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all additional setbacks required when lots are adjacent to pathway corridors and minor arterial roads, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff facilities, 5) guidelines that outline architectural and landscape requirements for each individual lot and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each residential lot, 6) provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations, 9) noxious weed control, and 10) assessment of existing and future Special Improvement Districts. These documents shall be submitted to the city attorney and shall not be accepted by the City until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Community Development Department at least 30 365 20447, Staff Report Blackwood Groves Major Subdivision Page 21 of 36 working days prior to submitting a final plat application. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation. 36. BMC 38.410.080.H, Landscape Amenities. Stormwater retention/detention facilities in landscaped areas shall be designed as landscape amenities. They shall be an organic feature with a natural, curvilinear shape. The facilities shall have 75 percent of surface area covered with live vegetation appropriate for the depth and design of the retention/detention facility, and be lined with native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to create a functional yet, natural site feature. 37. BMC 38.410.060 - All easements must be provided using the City standard language and the applicant must provide an owner executed original easement to the City prior to Final Plat approval. The following easements have been identified in the application: a. Sewer and Water pipeline access easement for the mains intended to service the development. b. Public access easement(s) for onsite trail/open space and midblock crossing for open space D open space B c. In preparing signature blocks on any upcoming documents, please make the following changes: Jeff Mihelich, City Manager; Mike Maas, City Clerk; If a new member is established, the easement documents must be updated. 38. BMC 38.410.060.D.6. A notice must be recorded with a final plat approval stating that the easements are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties and liability. The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from a final plat but may be referenced on a final plat. 39. BMC 38.240.430. Where there will be a cash donation in-lieu of parkland dedication, plats of subdivision must show the following certificate: Certificate accepting cash donation in-lieu of land dedication Finding dedication of parkland within the platted area of (Subdivision Name) would be undesirable for park and playground purposes, it is hereby ordered by the city commission of the City of Bozeman, that land dedication for park purposes be waived and that cash-in-lieu, in the amount of _______________ dollars, be accepted in accordance with the provisions of 366 20447, Staff Report Blackwood Groves Major Subdivision Page 22 of 36 the Montana, Subdivision and Platting Act (MCA 76-3-101 through 76-3-625) and the Bozeman Municipal Code. DATED this _______ day of _______, _______. _______________________ Signature City of Bozeman Director of Parks and Recreation SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS The DRC determined that the application is adequate for continued review and found that application conforms to standards and is sufficient for approval with conditions and code provisions on April 28, 2021. The Recreation and Parks Advisory Board Subdivision Review Committee reviewed and recommended approval of the proposed subdivision and parks master plan as outlined in the application and with the conditions and code provisions in this report on April 23, 2021. Public hearing date for the Planning Board is on May 17, 2021 at 6:00pm. The reopened public hearing for Planning Board is scheduled for June 7, 2021. The hearing will be held via WebEx with a WebEx link provided with the Planning Board agenda. Public hearing date for the City Commission is May 25, 2021 at 6:00 PM. The reopened public hearing for City Commission is scheduled for June 8, 2021.The hearing will be held via WebEx with a WebEx link provided with the City Commission Agenda. SECTION 6 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As outlined in code provision number 1, the final plat must comply with State statute, Administrative 367 20447, Staff Report Blackwood Groves Major Subdivision Page 23 of 36 Rules of Montana, and the Bozeman Municipal Code. A conditions of approval sheet must be included and updated with the required notations can be added as required by conditions or code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the BMC. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all regulatory standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the local subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The application was received on January 8, 2021 and was deemed inadequate for further review on February 11, 2021. Revised application materials were received on March 31, 2021. The City deemed the application adequate for review on April 29, 2021. Public hearings are scheduled for May 17 and May 25, 2021. The hearings before the Planning Board and City Commission have been properly noticed as required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable review agencies, as well as any public testimony received on the matter, the Planning Board must forward a recommendation in a report to the City Commission who will make the final decision on the applicant’s request. The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made within 80 working days of the date it was deemed adequate. Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by August 19, 2021, unless there is a written extension from the developer, not to exceed one year. Public notice for this application was given as described in Appendix C and no comment was received as of the issuance of this staff report. On May 13, 2021 this major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration by the Planning Board. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review of the Development Review Committee and the Department of Community Development all applicable regulations are met if all code requirements are satisfied. Pertinent code provisions and site specific requirements are included in this report for City Commission consideration in Sections 3 and 4. 368 20447, Staff Report Blackwood Groves Major Subdivision Page 24 of 36 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Condition of approval 4 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities will be located within dedicated street right of ways. Code provision 5, 21, 23 and 33 state that utility easements need to be provided along front yards and are to be granted with the final plat in accordance with standards. Access must be provided to all sanitary sewer lines and manholes 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the developable area. Local streets are identified as Street A, Street B, Street C, Street D, Street E, Avenue A, Avenue B, Avenue C, South 15th Avenue, and Spring Creek Drive. South 11th Avenue and Blackwood Road are identified as Collector streets. The proposed lots either have frontage to a public street or onto a linear park with alley access. Physical access to each lot is proposed via public streets and/or a public access and utility easement. The final plat musts contain a statement requiring lot accesses to be built to the standards contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications per BMC requirements. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture This subdivision will not impact agriculture. The subject property is designated as Residential Mixed Use according to the City of Bozeman Community Plan. The area is zoned for residential mixed use high density development. The property has been producing alfalfa and will continue to farm alfalfa as the phases are developed. Farming operations will cease at full build-out of the project which will ultimately result in the loss of approximately 100-acres of alfalfa cultivation within this area. 2) The effect on Agricultural water user facilities This subdivision will not impact agricultural water user facilities. All agricultural water user facilities on and adjacent to the project will be protected. The property contains five waterways, all which are irrigation ditch laterals of the Middle Creek Ditch Company. A ditch maintenance agreement is required to be provided prior to final plat to describe the necessary easement width for maintenance of the ditch as outlined in condition of approval number 27. Wetlands exist adjacent to the watercourses and are preliminarily determined to be non-jurisdictional as outlined in Appendix O, Watercourse Summary Memo from the U.S. Army Corps. 369 20447, Staff Report Blackwood Groves Major Subdivision Page 25 of 36 3) The effect on Local services Water/Sewer – Water capacity exists to serve the subdivision. The subdivider proposes to extend water and sewer mains within all local and collector streets within the subdivision. Code provision 8 requires a city standard sewer easement where the sewer system is located. Code provision 3 requires the applicant to submit plans for water and sewer main extensions, approved by the Montana Department of Environmental Quality, to be reviewed by the City. Building permits will not be issued prior to city acceptance of site infrastructure improvements, unless concurrent construction is requested and conditions allow. Water rights exist for the subject property, the applicant proposes to transfer to City ownership existing water rights as outlined in code provision 6. Streets – The Growth Policy and subdivision standards require adequate connectivity of the street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate congestion. The preliminary plat for the layout utilizes South 19th Avenue (arterial), Blackwood Road (future collector), and South 11th Avenue (collector) to provide primary site connectivity. Condition of approval 24 requires a connection to 19th Avenue with the first phase. Other internal local streets provide access to all lots. Furthermore, street easements must be provided for all streets identified in the underlying master site plan approval to ensure access is provided to all lots within the subdivision, and provide predictability for future subdivision development. Code provision 5 details this requirement. Most streets are proposed to be constructed to city standards and the City accepts maintenance for all streets with the exception of Street B in between S. 11th Avenue and South 15th Avenue (where back in angled parking exists) which will be maintained by the POA as outlined in condition of approval 15e. Street lighting is a component of the required street improvements. A special improvement lighting district is proposed to maintain these facilities. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. Stormwater - The subdivision will construct storm water control facilities to conform to municipal code. The responsibility of the stormwater facilities is the responsibility of the Property Owners Association (POA) as outlined in condition of approval 10 and 11. Inspection of installed facilities prior to final plat will verify that standards have been met. Parklands - The proposal meets the required park dedication and improvement standards with conditions and code provisions if the parks master plan is approved by the Commission. The park master plan is comprised of 16 dedicated parks (4 neighborhood parks and 12 linear parks) which total 18.34 acres of parkland (10.86 unrestricted, 6.70 acres within wetlands areas and the zone 1 and 2 watercourse setback areas, 0.77 acres utilized by storm water storage ponds and access easements). The unrestricted/qualifying parkland is 10.86 acres, which is 2 acres short of the parkland requirement of 12.86 acres. To make up for the 2-acre deficit, the applicant proposes improvements-in-lieu of 5.42 acres. See Appendix E for parks-related tracking tables 370 20447, Staff Report Blackwood Groves Major Subdivision Page 26 of 36 and preliminary park site plans to be finally reviewed prior to preconstruction meetings as outlined in conditions 26, 27, 28, and 29. Parks 1 and 2 are located on the eastern side of the Blackwood Groves development and are considered neighborhood parks. Both were approved for a reduction in frontage requirements due to their watercourse adjacent features and due to the large lot on the adjacent school district property to the east. Parks 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, and 16 are considered linear parks that tie together the trail network through the development. Parks 9 and 10 are neighborhood parks that are located on the western side of the property and have included sidewalks around the perimeter to mitigate for frontage reduction. Approval of the Park Master Plan includes approval of the watercourse setbacks and storm water facilities within the design of the larger park area as this land will provide valuable trail connections, unobstructed frontage for the parks, and attractive trail and park side features; however, the land cannot be counted toward the required parkland amount. The stormwater facilities shall remain the long-term maintenance responsibility of the Property Owners Association. Within these parks and open space consists of a trail network that connects streets, sidewalks, trails, green spaces, and parks. There are two primary trail corridors that run north-south along the watercourse on the eastern boundary. These trails connect to the extension of the existing Alder Creek trails and the Gallagator trail to the north, both which are identified on the PROST Plan Trail Map. The east-west connection includes 25’ wide corridors in the linear parks. The Subdivision Review Committee of the Recreation and Parks Advisory Board reviewed the proposal on April 23, 2021 and recommended approval of the parks plan (per RPAB bylaws, the park master plan was not reviewed by the larger board) with conditions of approval and code corrections. Individual park site plans will be completed and approved with the final plat or prior to preconstruction meeting if an improvements agreement will be utilized. 4) The effect on the Natural environment No significant negative impacts to the natural environment have been identified. Where intact wetlands and watercourses are present, setbacks have been delineated and identified pursuant to BMC 38.410.100. There is an existing tree grove being preserved and incorporated into Park 3. There is an existing wetland that runs near the eastern border of the site. Condition 7 requires appropriate permitting from the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers when there is any disturbance of wetlands on site. The site is in an area of high groundwater which may negatively impact future structures or cause illicit discharges into the sanitary sewer and over burden the surface drainage system. Condition 16b prohibits use of basements or crawl spaces unless a professional engineer certifies that the structure has been designed in such a way to accommodate seasonal high groundwater 371 20447, Staff Report Blackwood Groves Major Subdivision Page 27 of 36 and requires addition of a notation of this restriction on the conditions of approval sheet. This requirement will protect both future structure owners from future hazards of flooding and lessen burden on the public from illicit discharges. The watercourses present the possibility of flooding along the eastern boundary within the park and open space areas where no infrastructure or buildings are proposed. As stated above, where fill impacts wetlands or watercourses mitigation is required with local, state, and federal permitting. A No-Rise analysis and floodway encroachment analysis will be provided for Blackwood Road and Cambridge Drive to ensure protection of life and property from flood impacts as outlined in code provision 16. Watercourse setback planting along all watercourses. A landscaping framework, proposed with the approved master site plan, proposes enhancing the native lowland and upland areas with shrubs and trees to significantly improve the quality of the watercourse and guide its character long term as a natural amenity for Bozeman residents. Future planting plans will be required as the property develops and will be reviewed according to standards in place at the time. Code provision #12 states that a watercourse planting plan must be prepared that identifies the maintenance of the watercourse setback landscaping and that is must be installed or financially guaranteed prior to final plat approval. Lots 1-6 of block 28 are residential lots that contain a watercourse setback and conditions of approval 12 and 13 relate to the allowable buildable area, restrictions on the lots, and watercourse setback zones. No other impacts to the natural environment are identified. BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces rather than municipal water supply. The application will irrigate parkland, open space or other public lands landscaping with wells. 5) The effect on Wildlife and wildlife habitat The subdivision will not significantly impact wildlife and wildlife habitat. There are no known endangered or threatened species on the property. Habitat quality has been substantially impacted by agriculture. A letter from Mike Duncan, Fisheries Biologist with State of Montana Fish Wildlife and Parks states that “the proposed Blackwood development should [be to] ensure that the completed subdivision poses no direct or persistent environment threat to the local watershed.” Mr. Duncan provided suggestions related to stormwater management systems to prevent runoff into the ditches. Low Impact Design (LID) to mitigate stormwater is required in the REMU zoning district and encouraged across the entirety of the development. Proposed watercourse setback plantings that have the potential to improve stream habitat are described in the above section. 6) The effect on Public health and safety With the recommended conditions of approval and required plat corrections, the subdivision will not significantly impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The 372 20447, Staff Report Blackwood Groves Major Subdivision Page 28 of 36 subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title with conditions and code provisions. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. Condition of approval 1 requires full compliance with all applicable code requirements. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. All infrastructure will meet City standards and the improvements to the watercourses will not impact the current floodplains on the project site nor will they increase flood risk on the property or surrounding properties. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on December 8, 2020. Staff offers the following summary comments on the supplemental information required with Article 38.220.060, BMC. 38.220.060.A.1 Surface Water The property contains five watercourses that are all considered laterals of the Middle Creek Ditch Company. Detailed information on these watercourses and their associated wetlands is included in the Wetland Delineation Summary and supporting wetland documents can be found in Appendix O. Three of the watercourses (west, north, south) are man-made irrigation ditches that do not have to adhere to the watercourse setback. The middle watercourse (Alder Creek) is a natural drainage channel that does have to adhere to the watercourse setback. The fifth watercourse (east) is a man-made irrigation ditch but forms a seep on the property to the south which does not appear to be man-made so it must adhere to the watercourse setback. 38.220.060.A.2 Floodplains The new Flood Insurance Rate Maps for Bozeman Creek delineates floodplain and floodway boundaries on the eastern property along Figgins Creek. Cambridge Drive and Blackwood Road will contain culvert crossings along the portion of Figgins Creek. These culvert crossings contain FEMA jurisdictional floodway (Zone A, Zone AE). A No-Rise Certification Report (Appendix Y) documents that the proposed crossings will result in a 0.00-ft rise in the 100 year water surface elevation (WSEL) and floodway WSEL. 38.220.060.A.3 Groundwater With the recommended conditions of approval and required plat corrections, the subdivision groundwater impacts will be successfully mitigated. The Geotechnical Investigation Report (Appendix V) includes an analysis of the groundwater encountered on site. Groundwater was encountered at the bottom of each of the exploratory excavations. Groundwater monitoring has been performed by C&H Engineering and Surveying during the 2019 and 2020 seasonal high groundwater seasons. Groundwater monitoring results are provided in the Groundwater 373 20447, Staff Report Blackwood Groves Major Subdivision Page 29 of 36 Investigation Report. Results from the groundwater monitoring indicate that the seasonally high groundwater elevations across the subject property vary from .60 feet to 3.29 feet below ground surface. The highest groundwater levels were encountered near the north and eastern property boundaries. The infrastructure plans for this development will account for the high groundwater conditions on site. All streets will be constructed above existing grade to ensure all stormwater ponds are installed above SHGWL. Dewatering for utility installations and foundation construction is expected and will be accounted for in any construction permits. Basement foundations are not recommended within this subdivision – a note is included on the plat. Crawl space foundations may be utilized in areas of the subdivision where the groundwater levels are the deepest or in areas where the final grade elevations are built above existing conditions. Condition of approval 15 and code provision 4 are related to groundwater and groundwater dewatering including the restriction of basements and crawl spaces. BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces rather than municipal water supply. The application requests to irrigate parkland, open space or other public lands landscaping with wells per code requirements. 38.220.060.A.4 Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. Soils encountered during testing show a layer of silty clay organic soil of low plasticity with depths ranging from 1.0 to 2.0 feet below ground surface. The second soil horizon encountered was lean clay with sand with depths varying from 2.0 to 6.3 feet below ground surface. The third soil horizon was a poorly graded gravel with sand and cobbles (“pit run” gravel) and varied in depth from 3.6 to 8.4 below ground surface. Based on the subsurface investigation, the excavation for any structure must be observed by a licensed geotechnical engineer to verify that the proper foundation subgrade material has been reached prior to the forming or casting of any foundation elements or placement and compaction of any required structural fill. Additionally, due to high groundwater levels in the area it is advised against constructing buildings with full or partial basements, a condition of approval is recommended to address this issue. The geotechnical report is included in the application materials. 38.220.060.A.5 Vegetation There are no major vegetation types or critical plant species present on this site. The vast majority of the property is vegetated with alfalfa which has been cultivated on the property for many years. Wetland vegetation exists along the watercourse/irrigation ditches throughout the property. The Wetland delineation Summary and supporting wetland documents is included in Appendix O of this application. There is an existing stand of mature Cottonwood, Aspen, and Willow trees/bushes located in the north-center portion of the site. This stand of mature trees will be preserved and is incorporated within the Park #3 area. See additional comments above under primary review criteria. 374 20447, Staff Report Blackwood Groves Major Subdivision Page 30 of 36 38.220.060.A.6 Wildlife This subdivision will not significantly impact wildlife with conditions and code provisions. An impact letter with the subdivision information was sent to the Montana Fish, Wildlife and Parks. Julie Cunningham and Mike Duncan of the MFW&P provided the following recommendations: reduce or mitigate sediment delivery, and to prevent discharges of petroleum products or other harmful substances into the nearby Middle Creek Ditch, no stormwater management systems convey runoff directly into the ditches within the proposed development without first having the opportunity for ground. These recommendations will be adhered to with the design and construction of all Subdivision stormwater facilities. MFW&P also commented that the “property is less than a mile from key elk winter range. Although within the City of Bozeman annexation, the continued urban sprawl to the south reduces the open space available to elk and results in higher damage complaints from local farmers.” 38.220.060.A.7 Historical Features There are no known historical features located within the property. The only existing structure on the property is an agricultural silo (metal) approximately 20 feet in diameter located near the southwest corner of the property. 38.220.060.A.8 Agriculture This subdivision will not significantly impact agriculture. See discussion above under primary review criteria. 38.220.060.A.9 Agricultural Water User Facilities This subdivision will not significantly impact agricultural water user facilities. See discussion above under primary review criteria. 38.220.060.A.10 Water and Sewer The subdivision will not significantly burden city water and sewer infrastructure with the recommended conditions of approval and code provisions. See discussion above under primary review criteria. The required design report has been provided. Formal plans and specifications will be prepared and reviewed after action on the preliminary plat. 38.220.060.A.11 Stormwater Management The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. Permits from the State for stormwater control will be required prior to any onsite construction. Stormwater ponds are designed to be located above seasonal high groundwater level. 38.220.060.A.12 Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure and will provide adequate improvements to support the development. Erosion and siltation control will be exercised during construction by using appropriate best management practices as outlined in 375 20447, Staff Report Blackwood Groves Major Subdivision Page 31 of 36 “Montana Sediment and Erosion Control Manual”. See discussion above under primary review criteria. 38.220.060.A.13 Utilities This subdivision will not significantly impact utilities. Standard 10-ft front utility easements are provided across all lots. See discussion above under primary review criteria regarding extension of water and sewer. All private utilities are available in the area. 38.220.060.A.14 Educational Facilities A letter was sent to Todd Swinehart, P.E., Director of Facilities, Bozeman Public Schools. The proposed development will be in the Morning Star Elementary School, Sacajawea Middle School and Bozeman High School attendance areas. At this time, the schools can accommodate the proposed development, however, the elementary schools are nearing capacity. The bus systems can accommodate the estimated number of additional students. 38.220.060.A.15 Land Use The Blackwood Groves neighborhood is to be developed under the existing Residential Emphasis Mixed Use (REMU) zoning district. The site is larger than the five acres minimum specified in the UDC and is located adjacent to existing residential neighborhoods which will help sustain Blackwood Groves’ proposed commercial uses. The property is designated Residential Mixed Use on the current Future Land Use Map and the attributes of that designation further encourage neighborhoods sustainability and community interconnectivity. REMU zoning confers an expectation on future site development that the area will be mixed-use in character and provide options for a variety of housing, employment, retail, and neighborhood services. The neighborhood design of Blackwood Groves embodies this expectation. From the variety of housing options proposed to the Town Center area envisioned in the heart of the community providing employment and retail opportunities, this neighborhood strives to exceed the REMU intent expectations established in the UDC. While the walkable neighborhood will emphasize residential as the primary use, the inclusion of community scale retail and services supports the overall neighborhood design and experience. A diverse array of community scale commercial uses is envisioned for the Town Center area of the site, including retail, restaurants, offices, maker spaces, grocery, small-scale cinemas, and fitness facilities (not to exceed 30% of the total gross building square footage allowed within the REMU zoning standards). Residential uses will also be heavily integrated into the upper floors of the Town Center. The community has been designed to the complimented by vibrant, urban, and pedestrian oriented complete streets. The proposed street sections provide for safe and broad connections across and through the neighborhood, while the linkages enhance neighborhood’s sense of place and park experiences. The proposed off and on streets connection encourage pedestrian and bicycle travel, transit, on street parking, and include the physical elements of complete streets. 376 20447, Staff Report Blackwood Groves Major Subdivision Page 32 of 36 Natural spaces have been incorporated throughout the development to serve the community needs for both neighborhood residents and visitors alike. On-street parking is planned throughout the site with back-in angled parking proposed adjacent to the Town Center area. Shared access drives and alleys are proposed throughout the development to create a more vibrant public realm as well as reduce the need for additional curb cuts. Buildings are to be oriented to the streets and public spaces as is allowed in the BMC. Design standards that emphasize the sense of place and stipulate maintenance of the neighborhood facilities have been created and are included in the submittal, Appendix L.2. The community design intended for this community encourages thoughtful development while providing for flexibility for future phases of the development to respond to changing market conditions. The design standards and guidelines proposed for Blackwood Groves also include provisions that promote sustainable development. 38.220.060.A.16 Parks and Recreation Facilities See discussion above under primary review criteria. 38.220.060.A.17 Neighborhood Center Plan The neighborhood center will be provided by four different areas within the development. Parks 3, 4, and 5 serve as three of the neighborhood centers while the town center plaza serves as the fourth. New neighborhood commercial centers are subject to the community design framework master plan provisions of sections 38.230.130 and 38.510.030.L establishing block frontage designations for future development. Appendix B identifies the block frontage classifications within the development. 38.220.060.A.18 Lighting Plan Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed must use LED light heads and must conform to the City’s requirement for cut-off shields as required by the City’s specifications. Detailed lighting calculations will be provided with the infrastructure plans for each applicable phase of the subdivision. A Special Improvement Lighting District (SILD) will be created prior to final plat application. Code provision 24 is related to this issue. 38.220.060.A.19 Miscellaneous This material was waived. No additional impacts or hazards are anticipated. 38.220.060.A.20 Affordable Housing We received communications from the City’s Legal Division that due to HB 259 related to inclusionary zoning that the City will not enforce the requirements for affordable housing cash in lieu as originally required during the preliminary plat and as reflected in the findings of fact. The affordable housing plan and plat notes related to affordable housing and cash in lieu have been removed from this application or will be eliminated prior to final plat. 377 20447, Staff Report Blackwood Groves Major Subdivision Page 33 of 36 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The property is zoned REMU, Residential Emphasis Mixed Use District. The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3 .Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b .Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e .Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian- oriented complete streets. 5.Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; b. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; d. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8 .Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c .Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design 378 20447, Staff Report Blackwood Groves Major Subdivision Page 34 of 36 Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. Adopted Growth Policy Designation: This property is designated as Residential Mixed Use in the 2020 Community Plan. This category promotes neighborhoods substantially dominated by housing, yet integrated with small-scale commercial and civic uses. The housing can include single-attached and small single-detached dwellings, apartments, and live-work units. If buildings include ground floor commercial uses, residences should be located on upper floor. Variation in building mass, height, and other design characteristics should contribute to a complete and interesting streetscape. Secondary supporting uses, such as retail, office, and civic uses, are permitted on the ground floor. All uses should complement existing and planned residential uses. Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation in larger structures. Stand alone, large, non-residential uses are discouraged. Non- residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is appropriate near commercial centers. Larger areas should be well served by multimodal transportation routes. Multi-unit, higher density, urban development is expected. Any development within this category should have a well-integrated transportation and open space network that encourages pedestrian activity and provides ready- access within and adjacent development. While the nature of development for the entire REMU area in this subdivision is not yet known, development will be guided according to the Residential Emphasis Mixed Use (REMU) zoning designation that correlates with this district. The applicant has proposed multi-household higher density housing adjacent to the commercial node in the approved master site plan associated with this site, with medium and lower density attached and detached single-household making up the balance of the plan. The proposed subdivision is meeting the 2020 Plan with the commercial areas that will serve both the surrounding neighborhoods and broader community, and will function as a service center for the neighborhoods within the development. The southeast corner of the proposed master site plan has this community plan designation and is approximately 29 acres, with 15 acres being developed with primarily commercial uses. This commercial area will serve two functions with appropriate land uses placed along two arterial roads to serve the broader community including the new Gallatin High School, adjacent residential neighborhoods, and activities in the adjacent Sports Park, as well as functioning as the neighborhood center for the larger development with bicycle and pedestrian connectivity from within the broader 160 acres. APPENDIX B – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City Commission public hearings. BMC 38.220.420, Notice was provided by posting the site, mailing 379 20447, Staff Report Blackwood Groves Major Subdivision Page 35 of 36 by certified mail to adjacent property owners and by first class mail to all other owners within 200 feet on May 1, 2021. Mailers were sent out for the reopening of the meeting on May 28, 2021. The site was posted with a notice on May 1, 2021 and reposted on May 28, 2021. A legal advertisement was published in the Bozeman Daily Chronicle on May 16 and 23, 2021 and republished on May 30 and June 6. Content of the notice contained all elements required by Article 38.220., BMC. Public comment has been received in regards to the residential lots on the northern property line and how the lots will back up to the lots within the Alder Creek Subdivision. Their concern is in regards to privacy between the lots and suggested to incorporate a greenway between the Alder Creek Drive houses and the Cambridge Drive houses situated along the fence line. APPENDIX C – PROJECT BACKGROUND Resolution 5177 was approved by the City Commission on June 15, 2020 annexing the subject property into the City. Ordinance 2052 adopting zoning of REMU was approved on June 15, 2020. A subdivision pre-application plan was reviewed by the Development Review Committee in November 2020. A staff report for the Master Site Plan Application no. 20292 has been forwarded to the Director of Community Development for approval. Section 38.310.060.B requires a master site plan or PUD review in all REMU zoning districts larger than 5-acres. The entitlement period for the master site plan is 5 years. APPENDIX D - OWNER INFORMATION Owner/Applicant: Blackwood Land Fund, LLC, 115 West Kagy Blvd, Suite L, Bozeman, MT 59715 Representatives: Matt Hauser, Bridger Land Group, 115 W. Kagy Blvd, Suite L, Bozeman, MT 59715 Report By: Sarah Rosenberg, AICP, Associate Planner ATTACHMENTS The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project Documents Folder” link and navigate to application #20447, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive linked agenda materials and the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?id=229622&dbid=0&repo=BOZEMAN This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=20-447 380 20447, Staff Report Blackwood Groves Major Subdivision Page 36 of 36 381 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Kristin Donald, Finance Director SUBJECT: Resolution 5305, Modification of Special Improvement Lighting District #460 for N 7th Avenue MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Commission Resolution Number 5305, Modification of Special Improvement Lighting District #460 for N 7th Avenue. 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 May 18, 2021 approve Commission Resolution No. 5304/Intent to modify Special Improvement Lighting District #460 for N 7th Avenue as per MCA 7-12-4351. The property owners have been noticed of the public hearing on this date. 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 $.80 cents per lineal foot annually, or approximately $141.80 per parcel. Attachments: Resolution 5305-Modify SILD 460-N 7th Avenue.doc 382 Report compiled on: May 26, 2021 383 Page 1 of 4 COMMISSION RESOLUTION NO. 5305 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 460 (N 7TH AVENUE)MODIFYINGTHE 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 Modification. This Commission, on May 18, 2021, adopted Resolution No. 5304(the “Resolution of Modification”), pursuant to which this Commission declared its intention to modifya special lighting district, designated as Special Lighting District No. 460(N 7th Avenue)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 Modificationwas duly published, posted and mailed in all respects in accordance with law, and on June 8, 2021, this Commission conducted a public hearing on the modificationof 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 384 Resolution 5305, Creation of SILD 460 Page 2 of 4 publication of the notice of passage of the Resolution of Modification (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 modified 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. 460 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. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 8th day of June, 2021. ___________________________ CYNTHIA ANDRUS Mayor 385 Resolution 5305, Creation of SILD 460 Page 3 of 4 ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 386 Resolution 5305, Creation of SILD 460 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. 5305. entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT 460 (N 7 th AVENUE); MODIFYING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. 5305 (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly modified by the City Commission of the City at a meeting on June 8, 2021. That 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 9th day of June, 2021. ___________________________________ MIKE MAAS City Clerk 387 Memorandum REPORT TO:City Commission FROM:Kristin Donald, Finance Director SUBJECT:FY22 City Manager Recommended Budget- General Fund Presentation MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:Listen to staff presentations, ask questions, give direction as you see fit. 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 General Fund is used to account for all financial resources of the City, except for those required to be accounted for in another fund. The General Fund supports more than 15 separate departments and divisions, each with its own important work and deliverables. The General Fund supports departments that are key to operations across the organization such as Commission, City Manager, City Attorney, Finance, Human Resources, Information Technology, etc. It also supports departments that are outward-facing service providers such as the Police, Fire, Recreation, and the Library. The FY22 City Manager Recommended Budget can be found online at: FY22 City Manager Recommended Budget. We will be highlighting the overall financial information for the found found on pages 32-35 as well as the divisions funded in full or in part by the fund. Division details begin on page 63. We will present the following groupings for the General fund portions of their budgets and pause for questions after each grouping: General Government (City Commission, City Manager, City Attorney, Finance, Facilities, IT, HR, and Municipal Court) Public Safety (Police and Fire) Public Welfare (Recreation, Cemetery, Library, Economic Development, and Sustainability) Non-Departmental (debt service and non-profit requests) and wrap-up UNRESOLVED ISSUES:None 388 ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Although the Final Budget adoption has far-reaching fiscal effects, there are no immediate fiscal effects as a result of this work session. The funds discussed tonight have proposed budgets with changes in rates and fees that will affect all property owners and system users. Attachments: Streamline request.pdf HAVEN request.pdf Outside Entity Requests Summary.pdf Report compiled on: May 14, 2021 389 1 Kristin Donald From:webadmin@bozeman.net Sent:Tuesday, March 30, 2021 12:16 PM To:Kristin Donald Subject:*NEW SUBMISSION* - Outside Entity Budget Requests Follow Up Flag:Follow up Flag Status:Flagged A new entry to a form/survey has been submitted. Form Name: Outside Entity Budget Requests Date & Time: 03/30/2021 12:16 PM Response #: 5 Submitter ID: 36578 IP address: 72.174.92.178 Time to complete: 48 min. , 14 sec. Survey Details Page 1 1. Entity Name HRDC/Streamline 2. Entity's Physical Address Street Address 32 South Tracy Avenue Unit # Not answered City Bozeman Postal/Zip Code 59715 State Montana 3. Number of Years of Operation as a Non‐Profit Organization 46 4. Link to Most Recent Annual Financial Report https://thehrdc.org/wp‐content/uploads/2020/10/HRDC‐Audit‐Report‐2019.pdf 5. Dollar Amount Requested for the Fiscal Year $400,000 6. Description of the Funding Request in Relation to the Strategic Plan and/or Citizen Benefit The recently released Transit Development Plan puts Streamline in a strong position to proactively adapt to the growth and change in our community. Robust investments in public transit will help the City achieve goals outlined in the Strategic Plan. Streamline specifically supports Vision 4.0 A Well‐Planned City, by supporting a livable, affordable, more connected city. For example, investments in public transportation 1) drive economic development, 2) provide access to educational, vocational, 390 2 and social opportunities, 3) improve overall health and wellness, and 4) create a well‐connected, inclusive, and thriving community. With regards to a well‐planned city, Streamline helps the City achieve Goal 4.2 High Quality Urban Approach by providing greater connectivity to trails and parks and more opportunities for walking and biking. Streamline also plays an important coordination/partnership role in the City’s approach to Strategic Infrastructure Choices (Goal 4.3) and preparation for a Metropolitan Planning Organization (Goal 4.3f). Furthermore, Streamline is critical to the City achieving Goal 4.5 Housing and Transportation Choices (improve mobility options that accommodate all travel modes). For most households, transportation is the second largest annual expense behind housing costs. It is critical to keep housing and transportation integrated in planning efforts to promote accessibility, equity, and affordability. In addition to supporting efforts to create a well‐planned city, Streamline also supports Strategic Plan Vision 6.0 A Sustainable Environment, specifically with regards to Goal 6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) Emissions. Transportation is the only category that showed negative progress from the last climate plan; thus much more work needs to be done in this area. The Climate Action Plan identifies Diverse and Accessible Transportation Options as one of the actionable solutions, specifically Solution J: Increase Walking, Bicycling, Carpooling, and Use of Transit. Streamline helps build a “Sustainable Environment” by taking more vehicles off the road, by reducing overall carbon emissions, and by advocating for the addition of an electric and/or alternative fuel bus to the overall fleet. Streamline has a positive impact on Bozeman’s overall Greenhouse Gas Emissions as identified in the Bozeman Climate Plan and will support the goals outlined in multiple city plans, including the Triangle Plan, Downtown Bozeman Plan, Transportation Master Plan, and Bozeman Community Plan. Streamline values the City for its continued partnership in support of public transportation in the greater Bozeman area. The implementation this fall of the short‐term service plan recommended by our consultants, Transportation, Management, and Design, Inc. (TMD) will require more revenue because of the increased coverage and daily service hours. Thus, we are requesting additional funding from all of our partners (City of Bozeman, City of Belgrade, MSU, ASMSU, Gallatin County, and Bozeman Health). Thank you for considering this request and we look forward to working together to help the City of Bozeman reach the goals in the Strategic Plan. 7. Other Entities Funding has been Requested From AND Other Partners Assisting with Funding Entity (List up to three) #1 Name Montana Department of Transportation Amount $ $1,259,039 #2 Name MSU's President's Office Amount $ $112,000 (contract negotiation, requesting $225,000) #3 Name Associated Students of MSU Amount $ $164,500 (85% increase on student ballot, potential $250,000 total) 8. Contact Information for Entity First Name Sunshine Last Name Ross Phone Number (406) 587‐2434 Email Address sross@thehrdc.org Thank you, City Of Bozeman This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. 391 1 Kristin Donald From:webadmin@bozeman.net Sent:Monday, March 8, 2021 7:40 AM To:Kristin Donald Subject:*NEW SUBMISSION* - Outside Entity Budget Requests Follow Up Flag:Follow up Flag Status:Completed A new entry to a form/survey has been submitted. Form Name: Outside Entity Budget Requests Date & Time: 03/08/2021 7:39 AM Response #: 4 Submitter ID: 35710 IP address: 69.145.228.72 Time to complete: 15 min. , 32 sec. Survey Details Page 1 1. Entity Name Haven 2. Entity's Physical Address Street Address PO BOX 752 Unit # Not answered City BOZEMAN Postal/Zip Code 59771‐0752 State Montana 3. Number of Years of Operation as a Non‐Profit Organization 41 4. Link to Most Recent Annual Financial Report https://static1.squarespace.com/static/5d62bdcfdd1e9300010c6802/t/600f0f8fa4b6a624083a8ef8/1611599760177/2020‐ 06‐30+Audit+‐+Final.pdf 5. Dollar Amount Requested for the Fiscal Year 30,000 6. Description of the Funding Request in Relation to the Strategic Plan and/or Citizen Benefit Haven’s request for funding relates directly to the City of Bozeman’s third vision statement, which encompasses “A safe, welcoming community.” For 41 years, Haven has been committed to reducing the incidence and minimizing the impact of domestic abuse on families and communities. We provide emergency shelter, a 24‐hour support line, legal advocacy, 392 2 individual counseling, and support groups to survivors of domestic violence, sexual assault, dating violence, sex trafficking, and stalking. Haven also works to end the cycle of violence by creating an engaged community through our teen dating violence prevention, a survivor speakers' bureau, and other community education programs. We recognize that one organization alone will never end an epidemic as widespread as domestic violence. Much of Haven’s success hinges on collaborations and we must engage all members of our community as allies in supporting survivors and holding abusers accountable. Since the City of Bozeman partnered with Haven to issue a mayoral proclamation against domestic violence, Haven remains grateful for the City’s continued dedication to funding Haven’s growing advocacy in its annual budget. The City of Bozeman’s leadership on the issue of domestic violence speaks volumes about how our community is taking ownership of the issue. Last fiscal year, 1,014 survivors sought a wide range of Haven's services; 354 sought help through our legal advocacy office; 93 found emotional support through counseling and support groups. Although enforcing physical distancing requirements led to a decrease in shelter capacity during the spring of 2020, Haven’s emergency shelter still housed over 53% more survivors than the previous year. Haven's support line rang 5,103 times, an average of over 14 times a day. Haven respectfully requests that the City of Bozeman continue funding Haven’s advocacy program at the previous level of $30,000. This funding pays for 100% of the overnight advocates and 50% of the weekend advocates. These advocates ensure that survivors’ calls are answered 24‐hours a day, seven days a week on Haven’s support line. They provide support and transportation to survivors in shelter, help find short‐term hotel rooms for survivors needing a place to stay when shelter is full, get rooms ready for new residents, and see to other shelter requirements. Thank you for considering this request and we look forward to our continued partnership as we work to ensure a community knowledgeable about domestic abuse, fully engaged and committed to the safety and well‐being of its members. 7. Other Entities Funding has been Requested From AND Other Partners Assisting with Funding Entity (List up to three) #1 Name Montana Bureau of Crime Control, Victims of Crime Act Amount $ 84,734 #2 Name Department of Justice, Office of Violence Against Women, Legal Assistance for Victims Amount $ 71,623 #3 Name Gilhousen Family Foundation Amount $ 60,000 8. Contact Information for Entity First Name Sydni Last Name Berry Phone Number (406) 586‐7689 Email Address sydni@havenmt.org Thank you, City Of Bozeman This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. 393 Outside Non‐Profit Funding Requests Summary Entity HAVEN HRDC‐ Streamline Amount in CM Recommend Budget 30,000$ $ 300,000 FY22 Request Amount 30,000$ 400,000$ Received in FY21 30,000$ 300,000$ Received in FY20 30,000$ 170,000$ Received in FY19 30,000$ 168,321$ 394 Memorandum REPORT TO:City Commission FROM:Jacob Miller - Assistant Planner Please see attachments section in staff report for full application materials. SUBJECT:Eastlake Professional Center Minor Subdivision Preliminary Plat, Application 21-016, for the Subdivision of 7.65 Acres into Four (4) Developable Commercial Lots, and Easements, Zoned B-2M. MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 21016 and move to approve the Eastlake Professional Center Minor Subdivision with conditions and subject to all applicable code provisions. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:A minor subdivision application requesting permission for the subdivision of 7.65 acres into four (4) developable commercial lots, and easements. This site is located southeast of the intersection of North 27th Ave. and East Valley Center Road. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified in the staff report. FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual developments along with City sewer and water connection fees. Attachments: Eastlake Professional Center - Preliminary Plat 05-21- 2021.pdf 21016 Eastlake Professional Center PP SR.pdf 395 Report compiled on: May 26, 2021 396 C h B r g =N1 8 °4 4 '59"E Ch Di st =263.3 0''''''''''''''''''''''''''''''''''''''''' L =2 6 7 .5 9 ' [267 .56 '] R=430.00' N00°54'39"E 486.42'S89°50'55"W 462.44'S00°54'50"W 608.87'S53°26'06"E 379.86'N 3 6 ° 3 4 ' 5 8 " E 1 2 5 . 3 1 'SSSSSLEGENDFEATUREDESCRIPTIONSSURVEYED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:Engineeringtdhengineering.comMONTANAWASHINGTONIDAHOGREAT FALLS-BOZEMAN-KALISPELL-SHELBYLEWISTONSPOKANENORTH DAKOTAWATFORD CITYB16-089397 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 1 of 18 21016 Eastlake Professional Center Minor Subdivision Preliminary Plat Public Hearing Date: City Commission meeting is June 8, 2021 at 6:00 pm. Project Description: A subsequent minor preliminary plat application to allow the subdivision of 7.65 acres into four commercially-zoned lots. Project Location: The property is legally described as Minor Subdivision 221E, Section 26, Township 01 South, Range 05 East, Lot 1A, Bozeman, Montana. The property is zoned B-2M, Community Business District - Mixed. Recommendation: Approval with conditions and code provisions. Recommended Motion: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 21016 and move to approve the Eastlake Professional Center Minor Subdivision with conditions and subject to all applicable code provisions.” Report Date: May 24, 2021 Staff Contact: Jacob Miller, Assistant Planner Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues. There are no unresolved issues with this application. Project Summary The Department of Community Development received a Preliminary Plat Application on April, 14, 2021 requesting a subsequent minor subdivision of one lot of 7.65 acres to four commercially-zoned lots. Lot 1A is currently undeveloped land. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. State statute requires a public hearing before a City Commission decision. On May 5, 2021 the Development Review Committee (DRC) found the application adequate for continued review and recommends the conditions and code provisions identified in this report. The subdivider did not request any subdivision or zoning variances with this application. The City did not receive any written public comment on the application as of the writing of this report. The final decision for a subsequent minor subdivision preliminary plat must be made within 60 working days of the date it was deemed adequate; in this case by July 5, 2021. 398 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 2 of 18 Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public hearing on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. 399 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 3 of 18 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues. .............................................................................................................. 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 – MAP SERIES .......................................................................................................... 4 SECTION 2 – REQUESTED VARIANCES ................................................................................. 7 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7 SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ....................... 7 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 11 SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 11 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. .................... 11 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 13 Preliminary Plat Supplements ........................................................................................... 15 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 17 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 17 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 18 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 18 FISCAL EFFECTS ....................................................................................................................... 18 ATTACHMENTS ......................................................................................................................... 18 400 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 4 of 18 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 401 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 5 of 18 Exhibit 2 – Community Plan 2020 Future Land Use 402 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 6 of 18 Exhibit 3 – Preliminary Plat 403 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 7 of 18 SECTION 2 – REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The existing 10 foot utility easement must be released prior to final plat and cannot be shown on the final plat. 3. If not already filed for the subject site, the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to North 27th Avenue including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to Catamount Street including paving, curb/gutter, sidewalk, and storm drainage c. Street improvements to East Valley Center Road including paving, curb/gutter, sidewalk, and storm drainage d. Intersection improvements to North 27th Avenue and Catamount Street e. Intersection improvements to East Valley Center Road and Catamount Street f. Intersection improvements to North 27th Avenue and East Valley Center Road g. Intersection improvements to North 19th Avenue and East Valley Center Road h. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior any future development. 4. The proposed project falls within the Bozeman Solvent Site boundary. The property is underlain by an aquifer contaminated with perchloroethylene (PCE). No irrigation wells may be installed on this property and any excavation and dewatering will require additional construction oversite. Please contact the Montana Department of Environmental Quality for additional information on construction requirements within the solvent site. 404 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 8 of 18 5. There is a discrepancy in the number and location of water main valves between the preliminary plat and the master site plan. The proposed water main plan must match the master site plan prior to final plat. 6. Due to known high groundwater conditions in the area no basements will be permitted with future development of the site. No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. SECTION 4 – CODE REQUIREMENTS 1. Sec. 38.220.070. - Final plat. a. The final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that record drawings for public improvements were received, a platting certificate, and all required and corrected certificates. b. A letter from the city engineer certifying that the following documents have been received: i. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for public improvements, including a complete grading and drainage plan. c. Noxious weed MOU. Prior to final plat approval, a memorandum of understanding must be entered into by the weed control district and the developer. The memorandum of understanding must be signed by the district and the developer prior to final plat approval, and a copy of the signed document must be submitted to the community development department with the application for final plat approval. d. Irrigation system as-builts. The developer must provide irrigation system as-builts, for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements, once the irrigation system is installed. The as-builts must include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box. e. A conditions of approval sheet addressing the criteria listed in this section must be provided with the final plat as set forth in 24.183.1107 ARM and must: 405 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 9 of 18 i. Be entitled "Conditions of Approval of [insert name of subdivision]" with a title block including the quarter-section, section, township, range, principal meridian, county, and, if applicable, city or town in which the subdivision is located. ii. Contain any text and/or graphic representations of requirements by the governing body for final plat approval including, but not limited to, setbacks from streams or riparian areas, floodplain boundaries, no-build areas, building envelopes, or the use of particular parcels. iii. Include a certification statement by the landowner that the text and/or graphics shown on the conditions of approval sheet(s) represent(s) requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied. iv. Include a notation stating that the information shown is current as of the date of the certification, and that changes to any land-use restrictions or encumbrances may be made by amendments to covenants, zoning regulations, easements, or other documents as allowed by law or by local regulations. v. Include a notation stating that buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat, and that buyers of property are strongly encouraged to contact the local community development department and become informed of any limitations on the use of the property prior to closing. vi. List all associated recorded documents and recorded document numbers. vii. List easements, including easements for agricultural water user facilities. 2. Sec. 38.220.310. - Property owners' association. a. The responsibility of maintenance for the stormwater facilities, and street frontage landscaping for the perimeter streets must be that of the property owners’ association. Maintenance responsibility must include, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets. The property owners’ association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping and stormwater facilities and all open space landscaping. b. All public access areas to be owned and maintained by the property owners association. The final plat must contain the above listed notations on the Conditions of Approval sheet 406 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 10 of 18 3. Sec. 38.400.060. - Street improvement standards; Sec. 38.400.060. - Street improvement standards. a. North 27th Ave must be constructed to the City’s Collector standard including curb gutter and sidewalk from the southern edge of the property line to the intersection of Valley Center Drive. 4. Sec. 38.400.090. - Access. a. A 1 foot no access strip shall be placed along all lots fronting East Valley Center. b. Lot access must be constructed to the standard set forth by the City of Bozeman Design Standards and Specifications Policy, and the City of Bozeman Modifications to the State Public Works Standard Specifications per Bozeman Municipal Code requirements. The final plat must contain the above listed notations on the Conditions of Approval sheet 5. Sec. 38.410.060. - Easements. a. All dedicated public easements must be recorded the City’s standard template easement documents separate from the plat and the recorded document number must be listed on the final plat. b. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. c. A public utility easement must be granted for all public utility mains not located within public street right-of-way. An easement must be at least 30 feet wide for either one or two utility mains. An additional ten feet of width is required for each additional main that occupies the easement. Wider easements may be required at the discretion of the city for large utility lines. d. The pedestrian right-of-way easement must be included. 6. Sec. 38.410.070. - Municipal water, sanitary sewer and storm sewer systems. a. A 12” water main must be constructed in North 27th Ave from the existing main to East Valley Center, as per the City’s Water Master Plan. b. A 16” water main must be constructed in East Valley Center from the intersection of North 27th Ave to connect with the main installed with the Catron Crossing Subdivision to the east. c. The property is reliant upon the construction of the Davis Lane Lift Station (scheduled for FY19) and an 8” main extension down East Valley Center as outlined in the City of Bozeman Wastewater Facility Master Plan (unscheduled, developer driven). d. The project is reliant on completion of offsite water and sewer infrastructure and is not eligible for final plat approval until these improvements are completed and accepted by the city. The above listed water and sewer improvements are required prior to final plat Approval 407 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 11 of 18 7. Sec. 38.410.120. - Mail delivery. a. If mail delivery will not be to each individual lot within the development, the developer must provide an off-street area for mail delivery within the development in cooperation with the United States Postal Service. The city will not be responsible for maintaining or plowing any mail delivery area constructed within a city right-of-way. 8. Sec. 38.600.160. - Administration of regulations. a. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant. 9. Sec. 40.04.700. - Requirements. Stormwater management plans and comprehensive drainage plans a. A stormwater design report for the proposed stormwater retention system “27th Ave Treatment” meeting the criteria of BMC 40.04.700 and the cities design standards must be submitted for infrastructure review and approved prior to final plat. SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was adequate for continued review and recommended approval with conditions on May 21, 2021. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. A public hearing is required before a City Commission decision. The City Commission is scheduled for a public hearing on this minor subdivision preliminary plat on June 8, 2021 via WebEx at 6 p.m. SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 408 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 12 of 18 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in the code requirements, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman City Commission public hearing was properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. The Department of Community Development received a preliminary plat application on February 3, 2021. The DRC reviewed the preliminary plat application and determined the submittal did not contained detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision on March 3, 2021. A revised application was received on April 14, 2021. The DRC determined the application was adequate for continued review on May 5, 2021 and recommended conditions of approval and code corrections for the staff report. The City scheduled public notice for this application for publication in the legal advertisements section of the Bozeman Daily Chronicle on Friday, May 21, 2021 for postings on Sundays, May 23 and May 30, 2021. The applicant posted public notice on the subject property on May 23, 2021. The applicant sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on May 22, 2021. No public comment had been received on this application as of the writing of this report. 409 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 13 of 18 On May 26, 2021 staff completed and forwarded the staff report for this subsequent minor subdivision preliminary plat application with a recommendation of conditional approval for consideration by the City Commission, which is scheduled to make a final decision at its June 8, 2021 public hearing. The City Commission must make a final decision on a subsequent minor subdivision preliminary plat within 60 working days of the date the application was deemed adequate; in this case by July 5, 2021. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Code requirement No. 5, requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are located within dedicated street right of ways. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision. All of the proposed lots will have frontage on public streets constructed to City standards with lot frontage meeting minimum standards shown on the preliminary plat. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture This subdivision will not impact agriculture. The City of Bozeman Community Plan designates the subject property as Regional Commercial and Services and the Community Business District – Mixed designation allows for commercial uses. The lot is currently undeveloped land, covered in native grasses and there is no agricultural production on the property. 2) The effect on Agricultural water user facilities This subdivision will not impact agricultural water user facilities. No irrigation facilities are present on the lots. No water body alterations are proposed. 410 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 14 of 18 3) The effect on Local services Water/Sewer – There is currently no water or sewer infrastructure in place to serve the property. It is anticipated that mains will be constructed to the west side of North 27th with the Billings Clinic project, prior to phase I construction. Utilities – Utilities to serve the site will be constructed with phase I and will connect to the new mains to be constructed with the Billings Clinic development to the west. NorthWestern energy will be providing gas and electrical services to the proposed subdivision. Streets – Improvements to North 27th Ave. from Valley Center Road to Honor Lane will include full build out to City of Bozeman collector designation cross section standards, and full construction of Honor Lane from North 27th to the southeast corner of the property will be constructed with phase I. Police/Fire – The City’s Police and Fire emergency response area includes the subject property. This subdivision does not impact the City’ ability to provide emergency services to the property. Stormwater – The subsequent minor subdivision will not significantly impact stormwater infrastructure. Stormwater infrastructure will be constructed and will be managed on an individual lot basis. Parkland – The proposed subdivision is entirely commercial and is not required to provide parkland. If and when residential development occurs, parkland will be reassessed at that time. 4) The effect on the Natural environment No significant physical or topographical features have been identified, (e.g., outcroppings, geological formations, steep slopes), on the subject property. Provisions will be made to address the control of noxious weeds and maintenance of the property and will be further addressed by inclusion in the existing protective covenants and compliance with the recommended conditions of approval. 5) The effect on Wildlife and wildlife habitat The subdivision will not significantly impact wildlife and wildlife habitat. The subdivision is zoned for commercial development and is surrounded by adjacent commercially zoned properties that are either developed or are in the early stages of development. There are no known endangered or significant wildlife populations on the property. 6) The effect on Public health and safety With the recommended Conditions of Approval and required plat corrections, the subdivision will not significantly impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The DRC reviewed the subsequent minor subdivision preliminary plat and determined that it is in compliance with the title. This staff report notes all other conditions deemed necessary to ensure compliance. In addition, all subdivisions must be reviewed against the criteria listed in 76-3- 608.3.b-d, Montana Code Annotated (MCA). As a result, the Department of Community 411 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 15 of 18 Development reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. This report includes findings to justify the recommended site-specific Conditions of Approval for reasonable mitigation of impacts from the proposed minor subdivision. Preliminary Plat Supplements The Development Review Committee (DRC) completed a subdivision pre-application plan review on September 16, 2020 and no waivers or variances were requested. Staff offers the following summary comments on the supplemental information required with Article 38.220.060, BMC. 38.220.060.A.1 – Surface water This subdivision will not significantly impact surface water. No surface water exists in the vicinity of the site. 38.220.060.A.2 - Floodplains No mapped 100-year floodplains impact the subject property. The elevation of the site is higher than the elevation of the 0.2-percent annual chance flood. This subdivision will not be impacted by floodplains. 38.220.060.A.3 - Groundwater Groundwater can be found on-site between 67 inches and 112 inches. Test pit locations and results were provided with the application. A condition of approval that prohibits the construction of basements will work to mitigate the effects of groundwater on the site. 38.220.060.A.4 - Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. No significant geological features or slopes exist on the site. 38.220.060.A.5 - Vegetation This subdivision will not significantly impact vegetation. No critical plant communities identified on site. 38.220.060.A.6 - Wildlife This subdivision will not significantly impact wildlife. The proposed subdivision does not contain any known critical, significant or key wildlife areas. 38.220.060.A.7 - Historical Features This subdivision will not significantly impact historic features. The proposed subdivision does not contain any known historic sites. 412 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 16 of 18 38.220.060.A.8 - Agriculture This subdivision will not impact agriculture. The City of Bozeman Community Plan designates the subject property as Regional Commercial and Services and the Community Business District – Mixed designation allows for commercial uses. The lot is currently undeveloped land, covered in native grasses and there is no agricultural production on the property 38.220.060.A.89 - Agricultural Water User Facilities This subdivision will not impact agricultural water user facilities. No irrigation facilities are present on the lots. No water body alterations are proposed. 38.220.060.A.10 - Water and Sewer The subdivision will not significantly impact city water and sewer infrastructure. Water and sewer improvements will be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. 38.220.060.A.111 - Stormwater Management The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. 38.220.060.A.12 - Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure and will provide adequate improvements to support the development. See discussion above under primary review criteria. 38.220.060.A.13 - Utilities This subdivision will not significantly impact existing utilities. See discussion above under primary review criteria. 38.220.060.A.14 - Educational Facilities This subdivision will not significantly impact educational facilities. The subdivision is commercial and will not impact enrollment. 38.220.060.A.15 - Land Use The subdivision will not significantly impact land use. The proposed subdivision will create four lots for commercial uses. The property is zoned B-2M, Business District – Mixed and is designated as a commercial area in the Community Plan 2020. 413 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 17 of 18 38.220.060.A.16 - Parks and Recreation Facilities This proposed subdivision is commercial and will not require parkland dedication. 38.220.060.A.17 - Neighborhood Center Plan This proposed subdivision is commercial and will not require a neighborhood center. 38.220.060.A.18 - Lighting Plan A lighting plan was submitted with the application for this proposed subdivision. Site and street lighting will be installed with phase I and conform to City of Bozeman standards. 38.220.060.A.19 - Miscellaneous The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. 38.220.060.A.20 - Affordable Housing The subdivision is commercial does not require any affordable housing. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned B-2M, Community business district - mixed. The intent of the B- 2M community business district-mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. Adopted Growth Policy Designation: The subject property is designated as Regional Commercial and Services. This category designates places where the primary activity should be prominent commercial uses requiring substantial infrastructure and location near significant transportation facilities. Development within this category needs well-integrated utilities, transportation and open space networks that encourage pedestrian activity and provide ready-access within and adjacent to development. This proposed subdivision is well-suited to implement the Regional Commercial and Services designation based on the location near major thoroughfares and the adjacency to other commercial areas that are in various stages of development. The proposed subdivision will blend well with adjacent properties and uses and includes a pedestrian right-of-way that connects N. 27th, across from the access to the future Billings Clinic development, to the shared use path, east of the property. APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description 414 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 18 of 18 A preliminary plat application by the property owner and applicant, Eastlake Professional Center, LLC and represented by Intrinsik Architecture, Inc to allow the subdivision of 7.65 acres into four commercial lots. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the City Commission public hearing per BMC 38.220.420, The City scheduled public notice for this application on May 21 2021 for publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, May 23 and Sunday, May 30, 2021. The applicant posted public notice on the subject property on May 23, 2021. The City sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on May 22, 2021. No public comment had been received on this application as of the writing of this report. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Eastlake Professional Center, LLC, 5073 Patterson Road, Bozeman, MT 59718 Applicant: Eastlake Professional Center, LLC, 5073 Patterson Road, Bozeman, MT 59718 Representative: Intrinsik Architecture, Inc, 111 North Tracy Ave, Bozeman, MT 59715 Report By: Jacob Miller, Assistant Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this subdivision. ATTACHMENTS The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project Documents Folder” link and navigate to application #21016, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive linked agenda materials and the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=232508&cr=1 This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=21-016 Public Comment: None to date 415 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Appointment to the Library Board of Trustees MEETING DATE:June 8, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint one member, Ken Spencer, to the Library Board of Trustees with a term ending June 30, 2026. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Library Board of Trustees currently has one vacancy due to a term expiring on June 30, 2021. One term renewal application has been received. The Library Board of Trustees is created under Section 22-1-308 of the Montana Code Annotated and Section 2.05.350 of the Bozeman Municipal Code. Under Section 2.05.350 of the B.M.C., the Board of Trustees of the Public Library shall be composed of five persons and shall be appointed by the Mayor, with the advice and consent of the Commission, and shall serve without pay. The trustees shall hold their office for the term of five years, and one trustee shall be appointed annually at the beginning of each fiscal year (July 1) for the term of five years, and until his/her successor is appointed and qualifies. Trustees shall serve no more than two full terms in succession. They shall have power to select librarians and other employees as they may determine and fix the amount of any bond which they may require to be given by the librarian and other employees. They shall have power to receive books from all sources for the use and benefit of the library and to purchase books therefore with any money available for that purpose and power to prescribe all rules and regulations for the use of books and the preservation of the same. The board shall keep a record of its transactions and shall make a report to the City Commission at the close of each calendar year, covering the business transacted by it during the year (Ordinance No. 1163, 1984; Ordinance No. 1094 S 1, 1982; prior code S 2.08.200). No residency requirements are contained in either the M.C.A. or the B.M.C. Under state statutes, this Board is administrative. 416 This board currently has one vacancy. The City Clerk’s Office has received one application with their relevant qualifications below. 1. One position with a term expiring June 30, 2024 | Qualifies: K. Spencer Applicant Ken Spencer UNRESOLVED ISSUES:Commissioner Terry Cunningham is the City Commission liaison for this board. Library Board of Trustees appointments are Mayoral appointments with the advice and consent of the Commission. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: 05-20-21 CAB Application - K. Spencer, reapplicant.pdf Report compiled on: May 25, 2021 417 From:webadmin@bozeman.net To:Agenda Subject:Citizen Advisory Board Application Date:Thursday, May 20, 2021 11:10:49 AM A new entry to a form/survey has been submitted. Form Name:Citizen Advisory Board Application Date & Time:05/20/2021 11:10 AM Response #:341 Submitter ID:38508 IP address:71.15.215.77 Time to complete:12 min. , 15 sec. Survey Details Page 1 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process. If you are applying for more than one vacancy please submit an individual application for each vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582- 2320. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerk's Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Applicant Information 418 First Name ken Last Name spencer Physical Address 1145 meagher ave. PO Box (if different from physical address) Not answered City bozeman State Montana Zip Code 59718 Primary Phone (406) 570-6378 Additional Phone Not answered Current Occupation Web producer Employer Scripps/KBZK TV Email ken.spencer@kbzk.com Which position are you applying for? (○) Library Board of Trustees Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while others do not.) (○) Yes How long have you lived in the Bozeman Area? (○) 11 years or more Have you ever served on a City or County Board or Commission? (○) Yes (If Yes, where and how long?) Library Board of Trustees - One 5-year term Please explain your relevant qualifications, interests and experiences: Current member of the Library's Board of Trustees. Long-time patron and supporter of the Bozeman Public Library. References: Please provide name, phone, and email contact information for two references. Reference 1 Dee Metrick, Executive Director of Reach, Inc. 406.570.5852 dee@reachinc.org Reference 2 Judy Slate, Executive Director of Bozeman School Foundation 509.879.4542 jgslate@gmail.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? (○) Yes 419 How did you hear about this board or vacancy? Advised by board president Is there any other information that you feel we need to know? I'm truly honored to serve on this board and would love to continue to be of service to our community. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 420