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06-22-21 City Commission Meeting Agenda and Packet Materials
A.Call to Order - 6:00 PM - WebEx Video Conference B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.Public Service Announcements D.1 There will be no City Commission meeting on June 29 or July 6, 2021. City Offices will be closed on July 5 in observance of Independence Day. Independence Day is a garbage holiday and collection will be delayed one day. E.FYI F.Commission Disclosures THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, June 22, 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=e3e310dc16aa238218e27b877e1e4f268 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: 182 096 5542 If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net prior to 12:00pm on the day of the meeting. You may also comment by visiting the Commission's comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this online meeting. If you are not able to join the Webex meeting and would like to provide oral comment you may send a request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and the City Clerk will call you during the meeting to provide comment. You may also send the above information via text to 406-224-3967. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. 1 G.Consent G.1 Accounts Payable Claims Review and Approval (Stewart) G.2 Request for Authorization to Write-Off Stale-Dated Accounts Payable Checks from the City's General Accounting Ledger(Donald) G.3 Authorize the Mayor to Sign a Findings of Fact for Blackwood Groves Major Subdivision Preliminary Plat, Application 20447(Rosenberg) G.4 Approve the Final Plat for the Gran Cielo Phase 1A 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 20362(Garber) G.5 Approve the Final Plat Application for the Bridger View Planned Unit Development Subdivision, a 71 lot Subdivision for the Construction of 72 Buildings Hosting 62 Dwellings on 8.02 acres, Application 21077(Rogers) G.6 Authorize the City Manager to Sign a Notice of Award to Allied Trenchless in the Amount of $481,095 for Construction of the Downtown Stormwater Trunk Rehabilitation Project(Oliver) G.7 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Bozeman Boulders, LLC for the Palisades Condominiums Site Plan Project (20117)(Flammond) G.8 Authorize the City Manager to Sign an Agreement for the Ownership, Location, and Maintenance of Transit Shelters Located within the City of Bozeman(Lonsdale) G.9 Authorize the City Manager to Sign a Timber Sale Contract with DS Jr. Trucking Inc. for the Phase 1 Sourdough Fuels Reduction Project(Heaston) G.10 Authorize the City Manager to Sign a Software License Agreement with Ascendant Strategy Management Group, LLC for a Community Dashboard Platform(Henderson) G.11 Authorize the City Manager to Sign a Professional Services Agreement with OnSite Energy for Solar Site Assessments for City Facilities(Meyer) G.12 Authorize the City Manager to Sign a Professional Services Agreement with Playco Park Builders Inc. for Installation of Playground Equipment at Oak Meadows Park.(Kline) G.13 Authorize the City Manager to Sign a Professional Services Agreement Term Contract with Economic and Planning Systems (EPS) for Professional Services to Support Economic Development and Community Housing Programs and Task Order 1 under the Term Contract(Fontenot) G.14 Authorize the City Manager to Sign a Task Order Number 18 for the Right of Way Acquisition Project for Story Mill Road Reconstruction from Bridger Drive to Griffin Drive and the Bridger/Story Mill Intersection(Murray) 2 G.15 Authorize the City Manager to Sign a First Amendment to the Development Agreement for the Ruh Building(Fine) G.16 Resolution 5312, Certification of Delinquent City Assessments to the County (Donald) G.17 Resolution 5313, Adopting the Update to the Fair Market Value of Land for Cash-in-Lieu of Parkland Calculations(Jadin) G.18 Ordinance 2060, Final 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) H.Public Comment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. I.Action Items I.1 Resolution 5308 Adopting Fiscal Year 2022 Budget (Donald) I.2 Ordinance 2076, Generally Revising the Regulations of Firearms and Other Weapons in City Facilities(Saverud) J.Work Session J.1 Direction to the City Manager on Moving Forward with Consolidation of City Boards to Align with the City's Adopted Strategic Plan(Mihelich) K.Appointments K.1 Appointment to the Parking Commission(Maas) L.FYI / Discussion M.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 3 meeting as well. 4 Memorandum REPORT TO:City Commission SUBJECT:There will be no City Commission meeting on June 29 or July 6, 2021. City Offices will be closed on July 5 in observance of Independence Day. Independence Day is a garbage holiday and collection will be delayed one day. MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Administration RECOMMENDATION:No action necessary 5 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 22, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission approves payment of the claims. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Section 7-6-4301 MCA states that claims should not be paid by the City until they have been first presented to the City Commission. Claims presented to the City Commission have been reviewed by the Finance Department to ensure that all proper supporting documentation has been submitted, all required departmental authorized signatures are present indicating that the goods or services have been received and that the expenditure is within budget, and that the account coding is correct. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at http://www.bozeman.net/government/finance/purchasing. Individual claims in excess of $100,000: to be announced in weekly e-mail from Interim Accounting Technician Levi Stewart. Report compiled on: June 4, 2021 6 Memorandum REPORT TO:City Commission FROM:Kristin Donald, Finance Director SUBJECT:Request for Authorization to Write-Off Stale-Dated Accounts Payable Checks from the City's General Accounting Ledger MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission grants the request to write-off from the City's general accounting ledger the stale-dated Accounts Payable checks issued by the City but never cashed by the recipient. 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 Finance Department is presenting you with the attached list of stale- dated checks, which are Accounts Payable checks issued by the City over a year ago and which have not been cashed by the recipient. Section 7-6-4303 MCA states that the City may cancel municipal warrants and checks written by the City that have remained outstanding/un-cashed for a period of one year or longer. Multiple attempts have been made to contact all of the parties involved, as the attachment indicates. It is important to point out that the Commission's actions to write-off these items will not preclude the holder of a stale check from ever being paid the amount they are due. The action by the Commission will simply result in eliminating the effects of this stale activity from the City's Balance Sheet. It essentially allows us to keep our records in order and in conformity with Generally Accepted Accounting Principles, which is necessary for a successful financial audit. UNRESOLVED ISSUES:We have not been able to successfully contact all of the parties involved, so that issue remains unresolved. However, the Commission's action to remove this stale activity from the City's books does not mean that we will discontinue our efforts to make contact. ALTERNATIVES:As suggested by the Commission. 7 FISCAL EFFECTS:The total of the stale checks to be cancelled and written off is $25,541.88. As a result, Cash (an asset) will be added back to the City's balance sheet with a corresponding amount recorded to "Abandoned Property" (a liability), resulting in no change in the City's Net Financial Position. Attachments: Stale Checks for Writeoff 0621.pdf Report compiled on: June 11, 2021 8 Account Check # Date Amount Business Name/Last Name First Name Address CityState Zip 1st Sent 2nd Sent 3rd SentOperating 203385 7/2/19 81.62$ Graham Peyton 4 S Dakota St Dillon MT 59725 10/17/19 02/04/20 04/02/20Operating 203451 7/2/19 11.57$ Refai MohammedHeld by AccountingOperating 203675 7/9/19 119.31$ Simkins Janet T 1201 Highland Blvd Apt D203 Bozeman MT 5971510/17/19 02/04/20 ReturnedOperating 203979 7/23/19 57.72$ Kelly Conner 2949 Warbler Way Unit 3 Bozeman MT 59718 10/17/19 02/04/20 04/02/20Operating 204079 7/23/19 5.09$ Swain Benjamin 723 Rosa Way Unit A Bozeman MT 59718 10/17/19 02/04/20 04/02/20Operating 204178 7/30/19 36.36$ Frank John 15645 N 35th Ave Apt 156 Phoenix AZ 85053 10/17/19 02/04/20 04/02/20Operating 204197 7/30/19 30.80$ Hartin Elliot 9350 Haggerty Ln Bozeman MT 59715 10/17/19 02/04/20 04/02/20Operating 204232 7/30/19 54.82$ Lynes Anthony 3828 Ave C Billings MT 59102 10/17/19 02/04/2004/02/20Operating 204321 7/30/19 14.36$ Van Denburg HartHeld by AccountingOperating 204326 7/30/19 648.00$ Ward Charlie 797 Linwood Ave St Paul MN 55105 10/17/19 02/04/20 04/02/20Operating 204404 8/6/19 70.57$ Blanchard Kathryn 2920 SPRINGHILL RD Bozeman MT 59718 Held by AccountingOperating 204482 8/6/19 13.16$ Jameson Katherine Rebecca966 MEAGHER AVEBozeman MT 59718 02/04/20 04/02/20 10/27/20Operating 204544 8/6/19 10.00$ Sands Jasmine81 PRAIRIE SCHOONER WAYBozeman MT 59715 02/04/20 04/02/20 10/27/20Operating 204584 8/6/19 20.70$ Van Buskirk Benjamin James16 Voyager Ln Unit ABozeman MT 59718 02/04/20 04/02/20 10/27/20Operating 204859 8/20/19 18.96$ Kohls Kinsey1098 LONGBOW LN #8Bozeman MT 59715 02/04/20 04/02/20 ReturnedOperating 204868 8/20/19 65.44$ Lundrgen Amanda449 S 860 E APT A103Highland UT 84003 02/04/20 04/02/20 10/27/20Operating 204919 8/20/19 5.73$ Sinderson Tim3555 W 64th Ave Unit 4203Denver CO 80221 02/04/20 04/02/20 10/27/20Operating 204946 8/20/19 60.00$ Wichman Kenny1804 13TH AVE SGreat Falls MT 59405 02/04/20 04/02/20 10/27/20Operating 205001 8/27/19 39.80$ Craig Rhoda E& Lindsay2746 Hayes St NEMinneapolis MN 55418 02/04/20 04/02/20 10/27/20Operating 205062 8/27/19 31.46$ Kirwan Ryan34 N 25TH AVEBozeman MT 59718 Held by AccountingOperating 205543 9/17/19 150.00$ Bozeman Eagles Club 316 E MAIN ST Bozeman MT 59715 02/04/20 04/02/20 10/27/20Operating 205548 9/17/19 65.00$ Brown Wesley 1418 W KOCH ST Bozeman MT 59715 02/04/20 ReturnedOperating 205549 9/17/19 33.68$ Burmeister Genevieve 2012 CHIPSET UNTI B Bozeman MT 59718 02/04/20 04/02/20 10/27/20Operating 205647 9/17/19 7.21$ Mantayne Samual1104 S Montana Ave Apt H10Bozeman MT 59715 02/04/20 04/02/20 10/27/20Operating 205657 9/17/19 43.36$ Nussbaum Quincy3215 WARBLER WAY UNIT 5Bozeman MT 59718 02/04/20 04/02/20 10/27/20Operating 205715 9/17/19 23.27$ Webster Connor 1910 S BLACK AVE Bozeman MT 59715 Held by AccountingOperating 205794 9/24/19 16.64$ Henry Heidi 3028 W VILLARD C Bozeman MT 59718 02/04/20 04/02/20 10/27/20Operating 206087 10/1/19 17.80$ Tribby Melinda D & Cole L 3634 POTOSI ST Bozeman MT 59718 Held by AccountingOperating 206239 10/8/19 40.32$ Kassis Kevin 1191 LONGBOW LN UNIT H Bozeman MT 59718 02/04/20 04/02/20 10/27/20Operating 206605 10/22/19 22.38$ Hayat Haitham 25008 VALHALLA CT Bozeman MT 59718 Held by AccountingOperating 206666 10/22/19 34.03$ Richardson Ryan PO BOX 8331 Boise ID 83707 Held by AccountingOperating 206767 10/29/19 71.96$ Curtis Jessica306 N 19TH AVEBozeman MT 59718 02/04/20 04/02/20 10/27/20Operating 206856 10/29/19 112.45$ Shields Paul Conway 14100 W CLEVELAND AVE New Berlin WI 53151 02/04/20 04/02/20 10/27/20Operating 207043 11/5/19 38.38$ Hadley Gunnar1025 W GRANITE STButte MT 59701 02/04/20 04/02/20 10/27/20Operating 207501 11/26/19 150.00$ Bachich Nicole 2222 TSCHACHE STREET Bozeman MT 59715 Held by AccountingOperating 207551 11/26/19 16.00$ Duganz Patrick 2642 TYPHA CT #20 Bozeman MT 59718 02/04/20 ReturnedOperating 207618 11/26/19 30.00$ Lindo Jenise 11785 SPANISH OAK COURT College Station TX 77845 02/04/20 04/02/20 10/27/20Operating 207707 11/26/19 179.91$ Themogan 906 E PICO BLVD Los Angeles CA 90021 Held by AccountingOperating 207797 12/3/19 33.20$ Knobel Nick PO Box 1123 Bozeman MT 59771 04/02/20 10/27/20 01/06/21Operating 207827 12/3/19 20.00$ Pierson Camden Curtis 16 Wrangler Dr Bozeman MT 59718 04/02/20 10/27/20 01/06/21Operating 208017 12/10/19 90.00$ LeQuesne Tricia 3375 Sourdough Rd Bozeman MT 59715 04/02/2010/27/20 01/06/21Operating 208471 12/20/19 97.20$ Van Wert Bradley Arthur 1290 Manzanita Dr Bozeman MT 5971504/02/20 10/27/20 01/06/21Operating 208473 12/20/19 204.99$ Van Wert Bradley Arthur 1290 Manzanita Dr Bozeman MT 59715 04/02/20 10/27/20 01/06/21Operating 208496 12/20/19 20.44$ Anderson Hannah 108 Nordic Dr Big Sky MT 59716 04/02/20 ReturnedOperating 208519 12/20/19 27.90$ Bruce Daniel 333 Herstal Way Bozeman MT 59718 04/02/20 10/27/20 01/06/21Operating 208553 12/20/19 52.25$ Delgado Ethan 1332 55th St Sacramento CA 95819 04/02/20 10/27/20 01/06/21Operating 208660 12/20/19 56.47$ Mullen Andrew 1404 W Koch St Bozeman MT 59715 04/02/20 Held by AccountingOperating 208683 12/20/19 63.21$ Rathbun Samantha 1311 Bunson Ln Apt A Belgrade MT 59714 04/02/20 10/27/20 01/06/21Operating 208827 1/7/20 131.21$ Carosia Joseph & Mary Rose PO Box 10250 Bozeman MT 59719 04/02/20 ReturnedOperating 208878 1/7/20 120.00$ In Focus Astronomy LLC PO Box 73 Belgrade MT 59714 04/02/20 10/27/20 01/06/21Operating 209056 1/7/20 255.32$ Crawford David & Angela Lisa 3321 El Sobrante St San MateoCA 94403 04/02/20 10/27/20 01/06/21Operating 209273 1/7/20 95.78$ Stanley Laura M 9400 Star Ln Bozeman MT 59715 04/02/20 10/27/20 01/06/21 9 Account Check # Date Amount Business Name/Last Name First Name Address CityState Zip 1st Sent 2nd Sent 3rd SentOperating 209448 1/14/20 25.52$ Murray Kyla City Employee Bozeman MT 59715 04/02/20 10/27/2001/06/21Operating 209549 1/22/20 63.69$ Boyer Tyler 2282 Gallatin Green Blvd Bozeman MT 59718 04/02/20 ReturnedOperating 209594 1/22/20 40.00$ Edholm Karli 14 Park Plaza Bozeman MT 59715 04/02/20 10/27/20 01/06/21Operating 209777 1/22/20 157.93$ Williams Trust Janis Lee 277 Stillwater Creek Dr Bozeman MT59718 04/02/20 10/27/20 01/06/21Operating 209805 1/28/20 125.00$ Bozeman Interfaith Housing 606 N 4th Ave Bozeman MT 59718 10/27/20 ReturnedOperating 209914 1/28/20 150.00$ Shonkwiler Tonya 9 Tai Ln Apt A2 Bozeman MT 59715 10/27/20 ReturnedOperating 209958 1/28/20 5.92$ Barnhart Bonnie L 12 W Hayes St Apt H& Bozeman MT 59715 10/27/20 01/06/21 ReturnedOperating 209977 2/4/20 28.70$ Aschim Allison 4662 Shadowglen Dr Unit A Bozeman MT 59718 10/27/20 01/06/21 03/30/21Operating 210005 2/4/20 15.12$ Cron Katie Bozeman MT 59715 Held by AccountingOperating 210050 2/4/20 37.47$ Lemm Mason 5619 Creek Dr Billings MT 59106 10/27/20 01/06/2103/30/21Operating 210080 2/4/20 8.61$ Rouse Lee 1387 Crabapple Dr Bozeman MT 59715 10/27/20 01/06/21 03/30/21Operating 210291 2/11/20 7.34$ Reinhart Sam 2633 Anthony Ln Missoula MT 59803 10/27/20 01/06/21 03/30/21Operating 210391 2/19/20 13.15$ Fajack Zachary 201 Peter Koch Tower Bozeman MT 59715 10/27/20 01/06/21 03/30/21Operating 210424 2/19/20 18.90$ Kimball Kasey 885 Loxley Dr Bozeman MT 59718 10/27/20 01/06/21 03/30/21Operating 210478 2/19/20 14.87$ Saunders Ryan 413 Overbrook #37 Bozeman MT 59715 10/27/20 01/06/21 03/30/21Operating 210698 3/3/20 150.00$ Earthstone Outside 502 N River Rock Dr Belgrade MT 59714 10/27/20 01/06/21 03/30/21Operating 210731 3/3/20 15.49$ IPM LLC 102 Eagle Fjord Rd Ste E Bozeman MT 59718 10/27/2001/06/21 03/30/21Operating 210779 3/3/20 85.00$ Patano Marco 302 S 16th Ave Apt D Bozeman MT 59715 10/27/2001/06/21 03/30/21Operating 210814 3/3/20 7.43$ Swindle Julian 32 Skyscape Dr Belgrade MT 59714 10/27/20 01/06/21 03/30/21Operating 210851 3/3/20 10.43$ Storti Paula 5481 Vermeer Ln Bozeman MT 59718 10/27/20 01/06/21 03/30/21Operating 210936 3/10/20 15.96$ Christensen Shirley & Steve Bozeman MT 59715 Held by AccountingOperating 211015 3/10/20 42.26$ Rehm Kate 10 S Yellowstone Ave Unit 3 Bozeman MT 59718 10/27/20 01/06/21 03/30/21Operating 211051 3/10/20 75.22$ Wegner Susan 209 South C St Livingston MT 59047 10/27/20 01/06/21 03/30/21Operating 211365 3/24/20 65.47$ Richard Ariana Bozeman MT 59715 Held by AccountingOperating 211531 3/31/20 185.00$ Lamb Morgan Bozeman MT 59715 Held by AccountingOperating 211879 4/14/20 11.76$ Rucks Justin COB Water Dept 10/27/20 1/6/2021 03/30/21Operating 211941 4/13/20 160.00$ IMSA Northwest Section 1582 Blaine St Woodburn OR 97071 10/27/20 01/06/21 03/30/21Operating 212019 4/21/20 40.80$ Ljunggren Simon 19601 Frontage Rd Unit 26 Belgrade MT 59714 10/27/20 01/06/21Operating 212145 4/28/20 40.00$ Jackiw Larissa 301 S 15th Ave #1 Bozeman MT 59715 10/27/20 ReturnedOperating 212418 5/12/20 415.54$ Exec U Care Services 26 Shawnee Way Bozeman MT 59715 10/27/20 01/06/21 ReturnedOperating 212433 5/12/20 38.38$ Jones Sandra Bozeman MT 59715 Held by AccountingOperating 212449 5/12/20 13.92$ Miller Conner COB Police Dept 10/27/20 1/6/2021 03/30/21Operating 212470 5/12/20 30.04$ Rienhart Sam 2633 Anthony Ln Missoula MT 59803 10/27/20 01/06/21 03/30/21Operating 212518 5/19/20 200.00$ Auto Glass Express 6600 Springhill Rd Belgrade MT 59714 10/27/20 01/06/21 03/30/21Operating 212692 5/27/20 81.00$ Doctor DoorBozeman MT 59715 Held by AccountingOperating 212836 6/2/20 60.55$ Bzibziak Ryan 706 Clint Norris Rd Apt 3 Boone NC 28607 10/27/20 ReturnedOperating 212841 6/2/20 33.06$ Christofferson Eli 729 Cheery Dr Belgrade MT 59714 10/27/2001/06/21 03/30/21Operating 212886 6/2/20 59.74$ Hernandez Dollie 515 Michael Grove Ave #40 Bozeman MT 59718 10/27/20 01/06/21 03/30/21Operating 212946 6/2/20 15.34$ Shoenhard Joshua 1225 W Kagy Blvd Unit 14 Bozeman MT 5971510/27/20 01/06/21 03/30/21Operating 212962 6/2/20 42.72$ Tetlow Shelby 963 Saxon Way Unit A Bozeman MT 59718 10/27/20 ReturnedOperating 212979 6/2/20 7.54$ Zahner Kat Bozeman MT 59715 Held by AccountingOperating 213198 6/9/20 20.99$ Kramer Dana 225 Pioneer St #31 Bozeman MT 59715 10/27/20 01/06/21 03/30/21Operating 213362 6/16/20 78.09$ Emerson Frances A 3875 Kimberwicke St Bozeman MT 59718 10/27/20 01/06/21 03/30/21Operating 213422 6/16/20 128.31$ Martin Lucanus & Julie Bozeman MT 59715 Held by AccountingOperating 213424 6/16/20 130.82$ May Crain A & Kristi M 250 Rex Fox Ln Bozeman MT 59718 10/27/20 01/06/21 03/30/21Operating 213450 6/16/20 125.83$ Reed Emily & Jeffrey 440 Herstal Way Bozeman MT 59718 10/27/20 01/06/21 03/30/21Operating 213459 6/16/20 161.13$ Roller Ryan 5436 Westmorland Dr Bozeman MT 59718 10/27/20 01/06/21 03/30/21Operating 213593 6/16/20 46.00$ Hoff Shawna Bozeman MT 59715 Held by AccountingOperating 213970 6/30/20 19.03$ Beringer Solina Bozeman MT 59715 Held by AccountingOperating 214045 6/30/20 92.11$ Lemon Rae 404 W Grant St Bozeman MT 59715 10/27/20 01/06/21 03/30/21Operating 214081 6/30/20 75.76$ Robertson Brandon 206 Peter Pl Unit A Bozeman MT 59718 10/27/20 Returned 10 Account Check # Date Amount Business Name/Last Name First Name Address CityState Zip 1st Sent 2nd Sent 3rd SentTotal Operating7,208.77$ Payroll245749/16/19225.62$ Clark Lacey 2302 W Beall St Unit 2 Bozeman MT 59718 2/4/2020 4/2/2020 10/27/2020Payroll247983/18/20545.36$ Buckingham Mary Katherine M 317 S 6th Ave Bozeman MT 59715 10/27/20201/6/2021 3/30/2021Total Payroll770.98$ Court 15314 07/05/19 105.00$ Boller Austin Lee 2105 Vista Ave Jacksonville FL 32210 10/17/19 2/4/2020 4/2/2020Court 15356 08/13/20 250.00$ Kirwan Ryan 34 NORTH 25TH AVE Bozeman MT 59718 2/4/2020 ReturnedCourt 15367 08/22/19 68.00$ Mengal Dora 11 WOODMAN DR Belgrade MT 59714 2/4/2020 4/2/2020 10/27/20Court 15393 08/22/19 570.00$ Robertson Tim 1106 S BLACK Bozeman MT 59715 2/4/2020 ReturnedCourt 15407 08/22/19 50.00$ Monroe Holly 4825 GOLDEN GATE AVE Bozeman MT 59718 2/4/20204/2/2020 10/27/20Court 15417 08/23/19 10.00$ Suazo Nolvin Roney 509 FIRELIGHT DR Big Sky MT 59716 2/4/2020 ReturnedCourt 15429 08/23/19 200.00$ Albrecht Jeff 1108 W SINTO Spokane WA 99201 2/4/2020 ReturnedCourt 15433 08/23/19 25.00$ Passes Annette R 1062 OAK ST #42 Bozeman MT 59715 2/4/2020 ReturnedCourt 15435 08/23/19 50.00$ Game Stop2825 W MAIN ST STE #5HBozeman MT 59715 2/4/2020 ReturnedCourt 15495 09/12/19 10.00$ Holland John Hunter 728 MARYLAND AVE E St Paul MN 55106 2/4/2020 ReturnedCourt 15516 09/12/19 500.00$ Guggenheimer Jack 5757 SAXON WAY UNIT A Bozeman MT 59718 2/4/2020 4/2/2020 10/27/20Court 15525 09/12/19 150.00$ Irwin Shawn K 1335 OAKCREST Casper WY 82601 2/4/2020 ReturnedCourt 15559 10/09/19 100.00$ Tombleson Robert HRDC 32 S TRACY AVE Bozeman MT 59715 2/4/2020 ReturnedCourt 15562 10/09/19 398.90$ Tummel Matt 219 E LAMME APT #7 Bozeman MT 59715 2/4/2020 4/2/2020 10/27/20Court 15563 10/09/19 160.87$ Young Tammy 318 NO 3RD Bozeman MT 59715 2/4/2020 ReturnedCourt 15566 10/09/19 160.00$ Young Tammy 318 NO 3RD Bozeman MT 59715 2/4/2020 ReturnedCourt 15584 10/09/19 300.00$ Redgrave Phillip John 230 WATERLILY DRIVE APT 16 Bozeman MT59718 2/4/2020 4/2/2020 10/27/20Court 15632 10/31/19 10.00$ Mountain View Lodge 1121 REEVES RD Bozeman MT 59718 2/4/2020 ReturnedCourt 15650 10/31/19 90.00$ Kabner Alex 1114 WYOMING ST Belgrade MT 59714 2/4/2020 4/2/2020 10/27/20Court 15654 10/31/19 20.00$ Nyquist Erik Strand 122 DOGWOOD DR Bozeman MT 59718 2/4/2020 4/2/2020Court 15657 10/31/19 1,000.00$ Jones Kenneth 1104 S MONTANA AVE A4 Bozeman MT 59715 2/4/2020 ReturnedCourt 15659 10/31/19 150.00$ Ruberso Jessica 407.5 S 20TH AVE Bozeman MT 59718 2/4/2020 4/2/2020 10/27/20Court 15668 11/04/19 100.00$ Redgrave Phillip John 230 WATERLILY DRIVE APT 16 Bozeman MT59718 2/4/2020 4/2/2020 10/27/20Court 15672 11/04/19 455.00$ Sterling Derrick General Delivery Bozeman MT 59715 2/4/2020 4/2/2020 ReturnedCourt 15674 11/04/19 290.00$ Etsitty Ryan M PO BOX 2558 Chinle AZ 86503 2/4/2020 4/2/2020 10/27/20Court 15692 11/15/19 90.00$ Bredvik John Paul 2632 Catron St Apt 327 Bozeman MT 59715 2/4/2020 4/2/2020 10/27/20Court 15698 11/29/19 75.00$ Gould Timothy 1715 ALDER CT Bozeman MT 59715 2/4/2020 4/2/2020 10/27/20Court 15712 11/29/19 1,000.00$ Best Milton PO BOX 281 Gwinner ND 58040 2/4/2020 ReturnedCourt 15759 12/23/19 1,670.00$ Haines Lena Katherine 404 W Olive St Bozeman MT 59715 4/2/2020 ReturnedCourt 15768 12/23/19 215.00$ Redgrave Phillip John 230 WATERLILY DRIVE APT 16 Bozeman MT59718 4/2/2020 10/27/20 1/6/2021Court 15795 12/23/19 10.00$ Switlick Gary Patrick 110 Central Ave Unit E1 Bozeman MT 59718 4/2/2020 10/27/20 ReturnedCourt 15802 12/24/19 20.00$ Crave Snack Bar 2825 W Main St Bozeman MT 59718 4/2/2020 ReturnedCourt 15814 12/27/19 130.00$ Big Sky Western Bank 106 E Babcock St Bozeman MT 59715 4/2/2020 10/27/20 ReturnedCourt 15831 01/17/20 45.00$ Jacobson John Otis 310 N 7th Ave Unit #18 Bozeman MT 597154/2/2020 10/27/20 1/6/2021Court 15842 01/24/20 1,355.00$ Stapley Kara Lynn 1062 W Oak St Apt 42 Bozeman MT 59715 4/2/2020 10/27/20 1/6/2021Court 15880 02/18/20 200.00$ Redgrave Phillip John 230 WATERLILY DRIVE APT 16 Bozeman MT59715 4/2/2020 10/27/20 1/6/2021Court 15881 02/18/20 100.00$ Murphy Justin PO Box 1227 Bozeman MT 59771 4/2/2020 10/27/20 1/6/2021Court 15896 02/21/20 125.00$ Story Paul 101 Grant Chamberlain Dr Bozeman MT 59715 4/2/2020ReturnedCourt 15899 02/26/20 435.00$ Estrada Pedro Corvamubi 816 Avenue B Billings MT 59102 4/2/2020 ReturnedCourt 15918 03/03/20 100.00$ Chase Charlie William 16 E Northern Pacific Ave Belgrade MT59714 10/27/20 ReturnedCourt 15919 03/03/20 15.00$ Voskoboinikov James A 864 Meagher Ave Bozeman MT 59718 10/27/20 1/6/2021 3/30/2021Court 15928 03/03/20 228.09$ Morrison Elaine Lisa 957 Forestglen Dr #D Bozeman MT 59718 10/27/20 1/6/2021 3/30/2021Court 15931 03/03/20 65.00$ Cavanaugh Cody Dennis 108 Wheeler Mntn Way Gallatin GtwyMT 59730 10/27/20 1/6/2021 3/30/2021 11 Account Check # Date Amount Business Name/Last Name First Name Address CityState Zip 1st Sent 2nd Sent 3rd SentCourt 15935 03/03/20 10.00$ Garcia Beau Miguel 3404 Laredo Dr Bozeman MT 59718 10/27/201/6/2021 3/30/2021Court 15937 03/03/20 250.00$ Valdez Jesus 3685 W Black Walnut Ln Fresno CA 93711 10/27/20 1/6/2021 ReturnedCourt 15942 03/03/20 0.56$ Lowry Lauryn Louise 509 W Lamme St Bozeman MT 59715 10/27/20 Small AmtCourt 15967 03/09/20 300.00$ Soens Martin Ignatious PO Box 6244 Bozeman MT 59771 10/27/20 ReturnedCourt 15968 03/09/20 145.00$ Soens Martin Ignatious PO Box 6244 Bozeman MT 59771 10/27/20 ReturnedCourt 15971 03/09/20 1,920.00$ Segura Sara PO Box 994 Spokane WA 99210 10/27/20 ReturnedCourt 15986 03/09/20 200.00$ Redgrave Philliip John 230 Waterlily Dr Apt 16 Bozeman MT 59718 10/27/20 1/6/2021 3/30/2021Court 15988 03/09/20 180.00$ Storey Paul 101 Grant Chamberlain Dr Bozeman MT 59715 10/27/20 ReturnedCourt 16016 04/10/20 100.00$ Clements Paula 56 Bow Perch Ln Bozeman MT 59715 10/27/20 ReturnedCourt 16017 04/10/20 30.00$ First National Pawn 1012 N 7th Ave Bozeman MT 59715 10/27/20 1/6/2021 3/30/2021Court 16025 04/24/20 500.00$ Lopez Jerman 315 W Main St #4 Belgrade MT 59714 10/27/20 ReturnedCourt 16026 04/24/20 10.00$ Johnson Benjamin Rulon 613 1/2 S 10th Ave Bozeman MT 59715 10/27/20 ReturnedCourt 16038 04/24/20 265.00$ Horn Jaime Allen 521 1st Ave SW Great Falls MT 59404 10/27/20 1/6/2021 3/30/2021Court 16042 04/24/20 1,100.00$ Hayes Ted 5301 Onyx Blvd Billings MT 59106 10/27/20 1/6/2021 3/30/2021Court 16053 05/29/20 150.00$ Irwin Shawn K 1335 Oakcrest Casper WY 82601 10/27/20 1/6/2021 ReturnedCourt 16057 05/29/20 426.25$ Homesite Insurance 1627 W Main St, Box 119 Bozeman MT 5971510/27/20 1/6/2021 ReturnedCourt 16078 06/10/20 574.46$ Thor Bridget 2315 S 11th Apt Bldg 2320 Unit 305 Bozeman MT 59715 10/27/20 ReturnedCourt 16088 06/29/20 300.00$ Soens Martin Ignatius PO Box 6244 Bozeman MT 59771 10/27/20 ReturnedTotal Municipal Court17,562.13$ Total Checks for Writeoff25,541.88$ 12 Memorandum REPORT TO:City Commission FROM:Sarah Rosenberg, Associate Planner Brian Krueger, Development Review Manager Martin Matsen, Director of Community Development SUBJECT:Authorize the Mayor to Sign a Findings of Fact for Blackwood Groves Major Subdivision Preliminary Plat, Application 20447 MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Authorize the Mayor to Sign a findings of fact for Blackwood Groves Major Subdivision Preliminary Plat, Application 20447. 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 heard this item on June 7, 2021 and recommended approval 5-0. See attached staff report for further background. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Attachments: 20447 Findings of Fact.docx Report compiled on: June 9, 2021 13 Page 1 of 38 20447, Findings of Fact for the Blackwood Groves Major Subdivision Public Hearing Date:Planning Board May 17, 2021 at 6:00 via WebEx. Public hearing reopened June 7, 2021 at 6:00pm via WebEx. A WebEx link will be provided with the Planning Board agenda. City Commission, May 25, 2021 at 6:00 pm via WebEx. Public hearing reopened 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 Agenda Item Type: Action (Quasi-judicial) 14 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 2 of 38 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 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 15 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 3 of 38 (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. Planning Board The Planning Board held a public hearing on June 7, 2021. After consideration of the application, staff analysis, and presentations the Planning Board recommended approval of the subdivision on a vote of 5-0. City Commission The City Commission held a public hearing on June 8, 2021. One public comment was made in regards to the bicycle lane along 19th and the sidewalk. After consideration of the application, staff analysis, and presentations the City Commission approved the subdivision variance and the amended plat of the subdivision on a vote of 5-0. The recording of the meeting is available at https://bozeman.granicus.com/player/clip/98?view_id=1&redirect=true 16 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 4 of 38 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues............................................................................................................... 2 Project Summary................................................................................................................. 2 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 SECTION 6 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 33 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 35 APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 36 APPENDIX C – PROJECT BACKGROUND............................................................................. 37 APPENDIX D - OWNER INFORMATION................................................................................ 37 ATTACHMENTS......................................................................................................................... 37 17 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 5 of 38 SECTION 1 -MAP SERIES Figure 1. Zoning classification 18 Page 6 of 38 Figure 2. Preliminary Plat 19 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 7 of 38 Figure 3. Wetland Exhibit 20 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 8 of 38 Figure 4. Land Use Plan 21 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 9 of 38 Figure 5. Conceptual Plan 22 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 10 of 38 Figure 6. Pedestrian Circulation 23 Page 11 of 38 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: 24 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 12 of 38 “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 25 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 13 of 38 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 26 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 14 of 38 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. 27 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 15 of 38 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 snowand 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 28 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 16 of 38 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 29 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 17 of 38 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 30 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 18 of 38 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 31 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 19 of 38 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); 32 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 20 of 38 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 33 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 21 of 38 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 34 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 22 of 38 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. As noted in Section 6, the City Commission approved the application. 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 35 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 23 of 38 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. 36 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 24 of 38 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 containastatementrequiringlot accessesto bebuilt tothestandards 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. 37 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 25 of 38 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 38 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 26 of 38 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 39 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 27 of 38 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 40 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 28 of 38 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 41 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 29 of 38 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. 42 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 30 of 38 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 43 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 31 of 38 “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. 44 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 32 of 38 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. 45 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 33 of 38 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A.PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. B.The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C.The matter of the preliminary plat application was considered by the City Commission at a public hearing on June 8, 2021 at which time the Department of Community Development Staff reviewed the project, submitted and summarized changes to the conditions of approval, and summarized the public comment submitted to the City prior to the public hearing. D.The applicant acknowledged understanding and agreement with the recommended conditions of approval, code provisions including the changes to the conditions of approval. E.The City Commission requested public comment at the public hearing on June 8, 2021 and one member of the public offered testimony on the subdivision as submitted. F.It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Article 38.210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. G.The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 2 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 3 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. H.This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this subdivision shall be effective for three (3) years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval for a period of mutually agreed upon time. 46 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 34 of 38 DATED this ________ day of _____________________, 2021 BOZEMAN CITY COMMISSION _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ Mike Maas City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 47 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 35 of 38 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 48 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 36 of 38 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 49 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 37 of 38 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 50 20447, Findings of Fact for Blackwood Groves Major Subdivision Page 38 of 38 51 Memorandum REPORT TO:City Commission FROM:Danielle Garber, Planner II Martin Matsen, Community Development Director Tim Cooper, Assistant City Attorney SUBJECT:Approve the Final Plat for the Gran Cielo Phase 1A 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 20362 MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve the Final Plat for the Gran Cielo Phase 1A 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. 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 June 18, 2018, the Bozeman City Commission conducted their review of the Preliminary Plat application for the Gran Cielo Subdivision, application no. 17522, and voted unanimously to approve the preliminary plat application. Subsequent to the preliminary plat approval by the City Commission in 2018, the applicant proposed the removal of the second park in Phase 4, Block 14 which triggered a new preliminary plat review cycle, reviewed as application no. 19219. The applicant proposed changes that include approximately 21 units be placed on lot 4 where the second park was previously approved, and revisions to the master park plan that included enhanced amenities as improvements-in-lieu being used to make up the difference. This revised Preliminary Plat application was reviewed by the City Commission on September 23, 2019 and was approved by a unanimous vote. The findings of fact for both applications is linked below. §76-3-611(1), MCA, provides that the City Commission shall approve the plat only if: (a) it conforms to the conditions of approval set forth on the preliminary plat and to the terms of this chapter and regulations adopted pursuant to 52 this chapter; and (b) the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. The County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to subdivide have been paid. Attached is a memorandum from Danielle Garber, Associate Planner, stating the staff has concluded that all terms and conditions of the preliminary plat approval have been met. Am Improvements Agreement is required for final plat approval of this subdivision. The improvements agreement guarantees the installation of sidewalks fronting all lots. The sidewalks improvements agreement guarantees the sidewalks will be installed within thirty-six (36) months of the filing of the final plat. 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 the final plat The signed Findings of Fact for Preliminary Plat Application no. 17522 can be viewed at this link and is attached: http://weblink.bozeman.net/WebLink8/0/doc/161403/Electronic.aspx The signed Findings of Fact for Preliminary Plat Application no. 19219 can be viewed at this link and is attached: http://weblink.bozeman.net/WebLink8/0/doc/200429/Electronic.aspx UNRESOLVED ISSUES:None. ALTERNATIVES:None suggested or proposed. 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. Attachments: 20362 Staff Memo 1 of 3 Gran Cielo Final Plat Phase 1A 2 of 3 Gran Cielo Final Plat Phase 1A 3 of 3 Gran Cielo Final Plat Phase 1A Report compiled on: June 10, 2021 53 MEMORANDUM ---------------------------------------------------------------------------------------------------------- TO: TIM COOPER, ASSISTANT CITY ATTORNEY MIKE MAAS, CITY CLERK FROM: DANIELLE GARBER, ASSOCIATE PLANNER RE: FINAL PLAT REVIEW FOR THE GRAN CIELO PHASE 1A SUBDIVISION FINAL PLAT, PLANNING FILE NO. 20362 DATE: JUNE 15, 2021 ---------------------------------------------------------------------------------------------------------- Bozeman Haus, LLC (Applicant), made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Gran Cielo Phase 1A Subdivision Final Plat to create ten (10) residential lots. Attached is a copy of the Findings of Fact and Order from both Preliminary Plat Applications, numbers 17522, and 19219 for Gran Cielo Subdivision. The Commission approved the Findings of Fact on June 18, 2018 and September 23, 2019. Major multi-phased subdivision approvals are valid for three years plus extensions. An Improvements Agreement is required for this subdivision for the following improvements: the installation of sidewalks fronting all lots. Based on the summary review provided below, the City Engineering Department and Department of Community Development have reviewed the application against the conditions of preliminary plat approval; and as a result, find that the Final Plat application may be approved by the City Commission. Three (3) original mylars of the Final Plat, original Platting Certificate, original signed improvements agreement for sidewalks, and copies of the executed improvements agreements and recorded easements from the previous phase, recorded warranty deed for transfer of the park to the City of Bozeman, Gran Cielo Master Covenants, recorded SID waiver of right to protest, and a copy of both Findings of Fact and Order are attached for your review. The Community Development staff respectfully requests that you prepare City Attorney's Certificates using the attached original Platting Certificates as updated; approve the Certificates of Director of Public Works and Certificate of Completion "as to form". The final City signatures will be obtained once the City Commission has approved the final plats and the unresolved issue listed above is resolved. A completed application was submitted to the Community Development Department on June 8, 2021, it was deemed adequate on June 9, 2021. The final plat review must complete review 54 Page 2 of 2 within a 20-day (working days) review period. The review period begins once the signed mylars are received. The conditions of preliminary plat approval, which are pertinent to this subdivision and how they have been met, are described in the submittal materials. Note: The Community Development Department and Engineering Department have also reviewed the final plat application against the preliminary plat cited code provisions and found compliance with these code requirements. The Engineering Department has also reviewed and approved the “closure” of the final plat. 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 the final plat The project is scheduled for consideration by the City Commission on June 22, 2021. Materials for the agenda will be uploaded today (June 15, 2021). Please let me know if this will not work. Attachments: Three (3) Mylar Final Plats Original Platting Certificate (original signed) dated June 4, 2021 Improvements Agreements (original signed) as listed below: Sidewalk Improvements – Phase 1 – cash guarantee held in Planning Improvements Agreement (copy) as listed below: Park and Public Landscape Improvements – Phase 1 Warranty Deed Park – Copy from Phase 1 Gran Cielo Master Covenants (original signed) – Copy from Phase 1 Waiver of Right to Protest SID – Copy from Phase 1 Resolution 5099 – Lighting District No. 757 Creation Easements (copies) as listed below: 2223367 - Sanitary Sewer & Pipeline and Access Easement and Agreement 2693731 – First Amendment to The Agreement to Grant Public Street & Utility Easement (City required revisions to 2650296) 2650296 – Agreement to Grant Public Street & Utility Easement And First Right of Refusal to Purchase 2650295 – Agreement to Grant Public Street & Utility Easement 2654314 – Public Street and Utility Easement 2643899 – Public Street and Utility Easement 2643900 – Sewer and Water Pipeline and Access Easement and Agreement 2287378 – Public Street and Utility Easement 2711982 – Public Street and Utility Easement 2711984 – Public Street and Utility Easement Findings of Fact cc: File 55 56 57 58 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Marty Matsen, Community Development Director SUBJECT:Approve the Final Plat Application for the Bridger View Planned Unit Development Subdivision, a 71 lot Subdivision for the Construction of 72 Buildings Hosting 62 Dwellings on 8.02 acres, Application 21077 MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve the Final Plat for the Bridger View Planned Unit Development (PUD) 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, and authorize the City Manager to accept conditional approval of easements including but not limited to Public Access Easements, Water & Sewer Easements, Storm Water Easements, and Utility Easements all of the above are subject to final review and approval by the City Attorney Office. 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 18, 2020, the Bozeman City Commission conducted their review of the Preliminary Plat application for the Bridger View Redevelopment PUD subdivision, application no. 19466, and voted unanimously to approve the preliminary plat application. The subdivision findings of Fact were approved by the City Commission on June 22, 2020. Park dedication requirements were met though improvements-in-lieu of parkland dedication to Story Mill Park. The project’s development intent is to create a “lasting and livable” neighborhood. Bridger View Redevelopment, with a gross density of 7.9 houses/acre and a NET residential density of 20 units per acre, offers a variety of clustered attached and detached homes that range in size from 750 to 1,575 square feet with lots ranging in size from 1,700 to 3,650 square feet. Minimum density in the R-3 district is 5 dwelling units per acre. The development is designed to meet affordable housing needs of the City of 59 Bozeman. The Preliminary Plat Application included an Affordable Housing Plan to meet the City’s Affordable Housing Ordinance. The Montana State Legislature subsequently prohibited such programs. It is the intent of the development to continue to honor the intent and purpose of the AFO. The Bridger View Redevelopment final PUD was approved on April 26, 2021 pursuant to section 38.430.040.A.3. §76-3-611(1), MCA, provides that the City Commission shall approve the plat only if: (a) it conforms to the conditions of approval set forth on the preliminary plat and to the terms of this chapter and regulations adopted pursuant to this chapter; and (b) the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. The County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to subdivide have been paid. Attached is a memorandum from Tom Rogers, Senior Planner, stating the staff has concluded that all terms and conditions of the preliminary plat approval have been met. An Improvement Agreement is required for final plat approval of this subdivision. No infrastructure has been installed at the time of final plat. Streets, sidewalks, pedestrian pathways, landscaping and amenities of public and private open space areas, boulevards, water, sewer, and all other infrastructure for the function of the subdivision is being guaranteed through a non-financial security agreement. UNRESOLVED ISSUES:None. ALTERNATIVES:None suggested or proposed. 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. Attachments: 20362 FP_transmittal.docx FinalPlat_06022021_2of5.pdf FinalPlat_06022021_3of5.pdf FinalPlat_06022021_4of5.pdf FinalPlat_06022021_5of5.pdf FinalPlat_06022021_1of5.pdf 07 Findings_of_Fact_09142020.pdf 32 CommonOpenSpaceEasement_06022021.pdf 32 EmergencyAccessEasement_06022021.pdf 60 32 SewerAndWaterEasement_06022021.pdf 32 StormwaterEasement_06022021.pdf 32 UtilityEasement_06022021.pdf Report compiled on: June 11, 2021 61 MEMORANDUM ---------------------------------------------------------------------------------------------------------- TO:TIM COOPER, ASSISTANT CITY ATTORNEY MIKE MAAS, CITY CLERK FROM:TOM ROGERS, SENIOR PLANNER RE:FINAL PLAT REVIEW FOR THE BRIDGER VIEW REDEVELOPMENT SUBDIVISION FINAL PLAT, PLANNING FILE NO. 20362 DATE:JUNE 14, 2021 ---------------------------------------------------------------------------------------------------------- Headwaters Community Housing Trust (Applicant), made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Bridger View Redevelopment Subdivision Final Plat to create 57 residential lots, six (6) Common Lots, eight (8) common opens space lots, and rights-of-way. Attached is a copy of the Findings of Fact and Order from the Bridger View Redevelopment Preliminary Plat Application; Application 19466. The Commission approved the Findings of Fact on September 14, 2020. Major multi-phased subdivision approvals are valid for three years plus extensions. An Improvements Agreement is required for this subdivision for all required infrastructure improvements including but not limited to streets, sidewalks, water service lines, sewer service lines, public and private open space landscaping and amenities, boulevard landscaping, internal pathway improvements, and stormwater facilities. Based on the summary review provided below, the City Engineering Department and Department of Community Development have reviewed the application against the conditions of preliminary plat approval; and as a result, find that the Final Plat application may be approved by the City Commission. Three (3) original mylars of the Final Plat, original Platting Certificate, property owner association documents, improvements agreement, Bridger View Redevelopment Articles of Incorporation, Bylaws of Bridger View Owners Association, Declaration for the Bridger View Neighborhood, and Bylaws of Bridger View Condominiums Owners Association, SID waiver of right to protest, and roadway and utility easements (shown on the face of the Plat) are attached for your review. The Community Development staff respectfully requests that you prepare City Attorney's Certificates using the attached original Platting Certificates as updated; approve the Certificates of Director of Public Works and Certificate of Completion "as to form".The final City signatures will be obtained once the City Commission has approved the final plats and the unresolved issue listed above is resolved. 62 Page 2 of 2 A completed application was submitted to the Community Development Department onJune 2, 2021, it was deemed adequate on June 6, 2021 subject modifications to easements and declarationdocuments.Final signed public open space access, Emergency Access, Sewer and Water, Storm Drainage, Utility easements, along with the Concurrent Infrastructure Installation Hold Harmless Agreement were received on June 3, 2021. The final plat review must complete review within a 20-day (working days) review period. The review period begins once the signed Improvement Agreement is received. The conditions of preliminary plat approval, which are pertinent to this subdivision and how they have been met, are described in the submittal materials. Note: The Community Development Department and Engineering Department have also reviewed the final plat application against the preliminary plat cited code provisions and found compliance with these code requirements. The Engineering Department has also reviewed and approved the “closure” of the final plat. The project is scheduled for consideration by the City Commission on June 22, 2021. Materials for the agenda will be uploaded today (June 10, 2021). Please let me know if this will not work. Attachments: Three (3) Mylar Final Plats Original Platting Certificate (original signed) Declaration for the Bridger View Neighborhood (original signed) Bridger View Redevelopment Bylaws of Bridger View Owners Association (original signed) Bylaws of BV Condominiums Owners Association (original signed) Quitclaim Deed – granting Common Lots and Common Open Space Lots to the BV Owners Association Improvements Agreement Easements (copies) as listed below: Common Open Space Emergency Access Stormwater Utility Easements Findings of Fact cc:File 63 64 65 66 67 68 Return to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230 Bozeman City Commission Findings of Fact and Order for the Bridger View Redevelopment Subdivision, Application 19466 Public Hearing Date: Planning Board, May 5, 2020, 6:00 pm held via WebEx and broadcast on channel 190, as well as live streamed on the City of Bozeman’s website. The recorded meeting is found at: https://media.avcaptureall.com/session.html?sessionid=68af81e7-eb7e-4557-9b17-05449f4c6fc3&prefilter=654,3835 City Commission, May 18, 2020 at 6:00 pm held via WebEx. Information to join the WebEx meeting will be provided the week prior to the City Commission meeting. https://media.avcaptureall.com/session.html?sessionid=7a45320f-b106-4e5d-a938- e3076c4c32ec&prefilter=654,3835 Project Description: Preliminary Plat and Planned Unit Development (PUD) applications to allow a residential development with 19 relaxations to subdivision and zoning regulations for numerous dimensional standards, street design, utility easements, and a request for concurrent construction. The application proposes the development to be constructed in three phases. The site is located on 8.025 acres and is zoned R-3 (Residential Medium Density District). Project Location: South and west of the intersection of Bridger Drive and Story Mill Road. The parcels are legally described as a Tract of land formally known as the Bridger DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 69 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 2 of 49 View Mobile Home Court as shown on COS 2547, located in the Southeast One Quarter of Section 31, Township One South (T01S), Range Six East (R06E), P.M.M., Gallatin County, Montana. Recommendation: Meets standards for approval with conditions and code requirements. Parks Plan Recommended Motion: Having reviewed and considered the parks plan, I hereby adopt the findings presented in the staff report for application 19466 and move to approve the parks master plan for the Bridger View Redevelopment Subdivision with conditions and subject to all applicable code provisions. Preliminary Plat 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 19466 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Report Date: May 6, 2020 Staff Contact: Tom Rogers, Senior Planner Anna Russell, Project Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues 1. If the PUD and associated relaxations are not approved, then the conditions and findings of this report will need to be modified. The analysis summarized in this report assumed approval of the requested relaxations. Staff recommends approval of the PUD and associated relaxations, subject to conditions. The City Commission will decide whether to approve or not to approve the PUD. Project Summary The property owner and applicant submitted an application to develop the site formally known as the Bridger View Trailer Court on the southwest corner of Bridger Drive and Story Mill Road. The development proposes the construction of 63 residential living units (including the common house) on 57 lots, parking structures, common open space areas, and rights-of-ways, to be constructed in three phases. The parkland requirement is proposed to be met through the cash-in-lieu of parkland dedication alternative. Provision DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 70 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 3 of 49 of the value of the cash-in-lieu is proposed through improvements to Story Mill Park, which is adjacent to the proposed development. The Bridger View mobile home park hosted 92 residential homes total with 40 units on the subject property. The mobile home park was removed in 2006 by the now-defunct Story Mill development. The project’s development intent is to create a “lasting and livable” neighborhood. Bridger View Redevelopment, with a gross density of 7.9 houses/acre and a NET residential density of 20 units per acre, offers a variety of clustered attached and detached homes that range in size from 750 to 1,575 square feet with lots ranging in size from 1,700 to 3,650 square feet. Minimum density in the R-3 district is 5 dwelling units per acre. Fifty percent, or 31 residential homes will be sold at market rates, 26 homes will be sold at prices affordable to homebuyer households with incomes between 80 to 120 percent of the area median income (AMI) rate (i.e., higher than the maximum pricing provided by the City’s Affordable Housing Ordinance (AHO) but lower than market rate), and five (5) homes will meet the AHO at the “lower-priced home” income bracket of 70 percent AMI or less. The final residential unit is described as the “common house” for use by property owners as a gathering space and short term living facility for residents’ visitors for a total of 63 residential units. The internal roads and open space will be owned by the Property Owners Association (POA) with a public access easements throughout. Maintenance and replacement will also be the responsibility of the POA. Therefore, future residents will be financially responsible for replacement of all infrastructure including landscaping, sidewalks, roads, parking lots, parking structures, and associated infrastructure. The applicant proposes meeting the City’s affordable housing requirement by providing five (5) lower priced homes. The AHO defines “lower priced homes” as homes priced at a price affordable to a buyer-household with an income at or below 70 percent of AMI as determined by the city in accordance with section 38.380.070 of the AHO. The AHO defines “moderate-priced homes” as homes affordable to a buyer-household with an income from 70.1 percent to a maximum of 90 percent of AMI. Eleven units in this development are condominium ownership and not subject to the AHO. The remaining 52 homes are subject to the AHO. According to the submitted affordable housing plan: 47 units will be market rate 5 homes will meet the AHO’s definition of lower priced homes 10 units will be sold as condominiums 1 unit will be used as a common house Please refer to the affordable housing discussion below in this report, the affordable housing plan submitted with this application, and the Bozeman Community Housing Program Manager’s memo attached to this report for more detailed information. Bridger View Redevelopment will be constructed in three phases. Phase one includes 22 homes, the Common House, and one (1) lower priced affordable unit, phase two includes 20 homes DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 71 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 4 of 49 and two (2) lower priced affordable homes, and phase three includes 20 homes and one (1) lower priced affordable home. A newly constructed extension of Hillside Lane is required with this application. Hillside Lane extends to the western property boundary to allow future connection to Story Mill Park and development to the south to facilitate compete streets and grid. The subject property recently went through a Growth Policy Amendment to alter the future land use designation from Community Commercial Mixed-Use and Residential to Residential Emphasis Mixed –Use and was subsequently was rezoned from B-1 (Neighborhood Business), R-2 (Residential Single Household, Low Density), and R-4 (Residential High Density) to R-3 (Medium Density Residential District). The stated purpose of this Planned Unit Development (PUD) is to create an inclusive development with unique characteristics. In order to achieve the desired outcome, 19 deviations from the Bozeman Municipal Code (BMC) subdivision and zoning regulations are proposed with this application, see section 2 below. The criteria for granting a PUD are found in BMC 38.430.090. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the existing standards as required in BMC 38.430.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The applicants can request relaxations from the code in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the applicant. The applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the application of the default R-3 district. The applicant has provided additional narrative in support of this assertion in the PUD Relaxations attachment. The Development Review Committee (DRC) has reviewed the application. Based on its evaluation of the application against the criteria, the DRC found the application sufficient for continued review containing detailed documentation necessary for review. The Planning Board reviewed the application on May 5, 2020. The Planning Board is the advisory body to the City Commission on this subdivision application. The Subdivision Review Committee supports the improvements-in-lieu proposal from the Trust for Public Lands (TPL) for the Bridger View Redevelopment application. TPL was the original property owner. Ownership was subsequently transferred to The Human Resource Development Council (HRDC). The completion of the parking lot was identified as a priority item of the Story Mill Park Master Plan by DRC staff, including Planning and Public Works. The proposal exceeds the required amount of parkland for the development and TPL gave $200,000 to the City of Bozeman for parks stewardship as part of their Story Mill Park contribution to the City. The development is well situated adjacent to the park and DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 72 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 5 of 49 significant trails along the north and east property boundaries—the future residents of the development have ample parkland with significant amenities for their benefit. The Design Review Board (DRB) reviewed the Planned Unit Development application on March 11, 2020 and recommended approval of the PUD. A summary of the DRB’s discussion points is provided below: Better understand long term management scheme and how cost will be shared by development Comment proposed housing types are permitted today, builders are not building them however. The DRB discussion property constraints at length in support of a variety of the proposed relaxations and the effort to maximize density. Require Affordable Housing (AH) form to be completed and packaged as described. Status of Story Mill park parking and drive. Emergency route is only between the two parking areas. The trail is hardscaped and wider in this area. Market rate homes are like any other home with a POA. The attainable units have restrictions limiting sale price. How will the 2nd-3rd generation deal with the vast price difference? Is this the right location for such a development? Long way from most goods and services. If the concept works, why do we have the standards we have for lots, easements, trash collection, emergency services, etc. Code provision - an Affordable Housing (AH) form is required. Please prepare a complete form and submit 45 days prior to final plat submittal for review and possible approval. Pursuant to section 38.240.150.A.3.b, BMC, the Bridger View Redevelopment covenants must be submitted to the city attorney's office at least 30 working days prior to submission of the final plat application to the community development department. A full recording of the meeting can be reviewed at the following link. https://media.avcaptureall.com/session.html?sessionid=401196c6-4f8f-4abd-bd8e-f89363d1f44b&prefilter=654,3835 DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 73 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 6 of 49 The Bozeman Planning Board reviewed the Preliminary Plat application on May 5, 2020 and recommended approval of the Preliminary Plat. The Board (9:0) to recommend the City Commission approve the Preliminary Plat application. A full recording of the meeting can be reviewed at the following link. https://media.avcaptureall.com/session.html?sessionid=68af81e7-eb7e-4557-9b17-05449f4c6fc3&prefilter=654,3835 The City has received public comment on this application. As of the publication of this report, ten comments have been received, all in support of the project. Public comment on this matter can be found at http://weblink.bozeman.net/WebLink8/0/fol/210594/Row1.aspx. The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of the date it was deemed adequate. The DRC deemed the application adequate for continued review on February 19, 2020. Pursuant to BMC 38.240.130, the city commission shall approve, conditionally approve or deny the subdivision application by June 12, 2020, unless there is a written extension from the developer, not to exceed one year. 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 encouraged if the Commission wishes to amend or add conditions of approval. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 74 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 7 of 49 Table of Contents EXECUTIVE SUMMARY .................................................................................................................................. 2 Unresolved Issues ..................................................................................................................................... 2 Project Summary ....................................................................................................................................... 2 SECTION 1 - MAP SERIES .............................................................................................................................. 8 SECTION 2 –RELAXATIONS / DEVIATIONS / VARIANCE ............................................................................. 21 SECTION 3 - CONDITIONS OF APPROVAL ................................................................................................... 23 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................................................... 27 SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS ....................................................................... 31 SECTION 6 - STAFF ANALYSIS AND FINDINGS ............................................................................................ 31 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. ............................................... 32 Primary Subdivision Review Criteria, Section 76-3-608 .......................................................................... 35 Preliminary Plat Supplements ................................................................................................................. 39 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................................................... 45 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY ................................................................... 47 APPENDIX B – NOTICING AND PUBLIC COMMENT .................................................................................... 47 APPENDIX C – PROJECT BACKGROUND ..................................................................................................... 48 APPENDIX D - OWNER INFORMATION ...................................................................................................... 49 FISCAL EFFECTS ........................................................................................................................................... 49 ATTACHMENTS ........................................................................................................................................... 49 DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 75 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 8 of 49 SECTION 1 - MAP SERIES Zoning classification DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 76 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 9 of 49 Future Land Use Designation DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 77 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 10 of 49 Current Land Use DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 78 Architectural Site Plan DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 79 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 12 of 49 Open Space Plan DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 80 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 13 of 49 Preliminary Plat DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 81 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 14 of 49 Hardscape Plan DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 82 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 15 of 49 Unit Type Plan DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 83 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 16 of 49 Farmhouse Type – 2 bedroom DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 84 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 17 of 49 Farmhouse Type – 3 bedroom DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 85 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 18 of 49 Bungalow Type – 1 bedroom DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 86 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 19 of 49 Bungalow Type – 2 bedroom DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 87 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 20 of 49 Parkside Type DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 88 SECTION 2 –RELAXATIONS / DEVIATIONS / VARIANCE There are no variances requested with this subdivision application. The concurrent Planned Unit Development (PUD) application requests the following relaxations through the PUD. Those identified with italics are related to subdivision standards: 1. Table 38.310.030 Authorized uses. The application requests allowing parking structures on an independent lot. The application also requests a deviation to allow a “Common House” on a lot. A deviation to allow the “Common House” is not needed because the structure is a stand-alone detached residential unit which is a permitted use in this district. 2. Table 38.320.030.A Minimum lot area. The application requests to reduce the minimum lot size. 3. Table 38.320.030.B Minimum lot width. The application requests allowing narrower lots. 4. Table 38.320.030.C Lot coverage & setbacks. The application requests to allow increased lot coverages and decreased setbacks due to the reduced lot size and widths. 5. Section 38.350.050.A permitted encroachments into setbacks. The application requests allowing architectural features, patios, decks, porches, balconies, ramps and similar features to encroach into setbacks. 6. Section 38.360.030 Accessory buildings, uses, and equipment. The application requests expanding the allowable encroachment for accessory structures. 7. Section 38.360.210 Single, two, three, and four-household dwellings. The application requests decreasing useable open space to allow all units (attached, detached and vertical duplex condos) to be subject to the townhouse individual open space standard (see Section 38.360.240 Townhouse and rowhouse dwellings). 8. Section 38.400.050 Street and road right-of-way width and construction standards. The application requests to allow an alternative road section design. Specifically, the 60 feet right-of-way standard would be reduced to 30 feet. 9. Section 38.400.090 Access. The application requests eliminating access from an improved public street or alley and having access from public sidewalks and open spaces. 10. Section 38.400.100 Street vision triangle. The application requests reducing required vision triangles and applying the vision triangle standard for individual drive aisle and alleys. 11. Section 38.410.040 Block length and width standards. The application requests reducing alternative design standard for block length and width standards from a 5 foot sidewalk to 4 feet, reducing pathway corridor width from 30 feet to 10 feet, and reducing required 10 foot setback from pedestrian paths. 12. Section 38.410.040.E Blocks. The application requests an alternative block and lots numbering scheme. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 89 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 22 of 49 13. Section 38.410.060.B Easements. The application requests to allow alternative location of private utility easements and reduce required private utility easements size from 10 feet to 5 feet. 14. Section 38.410.060.C Public Utility Easements. The application requests a reduction in public utility easements from 30 feet to a specific configuration of easements. 15. Section 38.420.060.A Park Frontage. The application requests to allow a public sidewalk and building fronts to face the park rather than a road. This deviation is not required. No parkland dedication is proposed therefore this standard does not apply. 16. Section 38.520.040 Non-motorized circulation and design. The application requests a reduction in sidewalk width for certain sidewalks to be 4 feet wide and not the standard 5 feet. 17. Section 38.540.050 Number of parking spaces required. Total parking spaces meet minimum standards, provided spaces are not necessarily dedicated to an individual house or adjacent to the property. The application requests an alternative parking scheme comprised of driveway spaces, remote spaces, flex spaces, visitor spaces, and on street spaces. 18. Section 38.550 Landscaping. The application requests an alternative landscape plan requesting deviations from the planting groups and performance point system. The City has removed those standards and replaced with the current system. However, this deviation is required because the developer must vary the species planted because the proposed utilities are in conflicts with root balls, mature growth heights, and other conflicts. 19. Section 38.570 Lighting. The application requests an alternative lighting plan. The criteria for granting a PUD are found in BMC 38.430.090. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the existing standards as required in BMC 38.430.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The applicants can request relaxations from the code in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the applicant. The applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the application of the default R-3 district. See the application materials for materials in support of the assertion. The relaxations may be granted with a PUD. No action will be taken on these requested relaxations as part of the subdivision review. This review assumes that the requested relaxations have been approved. If that is not correct, then additional analysis will be required. Condition 8 requires a notice to purchasers to inform them of the particular development standards in this development. This will help avoid confusion, purchase under misapprehensions, and future conflicts between owners and the City. As the plat requires approval of the PUD in order to conform to all regulations, condition 2 establishes the sequence of approvals needed to enable approval of a final plat. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 90 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 23 of 49 SECTION 3 - CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the preliminary plat application. Additional conditions may apply to the planned unit development being processed concurrently. 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 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 certificate. The Final Plat application shall include the final plat, all supplementary documents, and the final plat application form as may be amended and to the standards required by the community development director described in the Final Plat Requested Materials (Form FP). 3. The final plat and all associated improvements must be completed consistent with the application as submitted except where required to be changed by the City of Bozeman. 4. Prior to final plat approval, written verification of a signed and executed encroachment agreement between Montana Department of Transportation and HRDC, District IX, Inc. approving the relocated encroachment for Blue Silos Way onto Bridger Canyon Road (Hwy. 86) is required. 5. The final planned unit development plan must be submitted, reviewed, and approved prior to approval of the final plat. 6. Concurrent with recording the final plat for the subdivision, the subdivider must transfer ownership of all common open space areas within each phase to the property owners’ association created by the subdivider to maintain all open space areas within the Bridger View Redevelopment Subdivision. 7. The final plat shall contain the following notations on the conditions of approval sheet: (a) “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, boulevard trees and irrigation systems in the public DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 91 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 24 of 49 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 Bridger View Redevelopment subdivision.” (b) “Maintenance of all streets and alleys including Blue Silos Way, Millwork Way, and Flourhouse Way, except Hillside Lane, are the responsibility of the POA. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all related infrastructure.” (c) “Maintenance of all stormwater facilities is the responsibility of the POA. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all related stormwater infrastructure.” 8. A notice prepared by the City shall be filed concurrently with the final plat so that it will appear on title reports. It shall read substantially as follows: Lots within the Bridger View Redevelopment are subject to specific design standards, unique building setbacks from property lines, and restrictions on use. These standards may be found in [insert correct reference to design standard location]. Lot owners are advised that these are a result of the planned unit development relaxation and are specific to the Bridger View Redevelopment Subdivision and the customized standards are in place of the general development standards of the City of Bozeman Zoning. If a revised development standard is not specifically established in the Bridger View Redevelopment approval documents the general standards of the City apply. The City’s general standards may be revised over time. Modification of the special standards would require an amendment to the Bridger View Redevelopment Planned Unit Development. Modifications are strongly discouraged. It is the obligation of the lot owner to be fully informed as to these standards before beginning any home or site design process. Approval by the design review entity established in the covenants of the development does not bind the City of Bozeman to approve a construction plan. 9. Documentation of compliance with the parkland dedication requirements of Section 38.420, BMC must be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication must be included on the final plat conditions of approval sheet. The table shall explicitly state how much parkland credit was allocated for each lot within this phase. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 92 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 25 of 49 parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each. 10. All stormwater facilities located on private property require drainage easements for the POA to maintain the storm water facilities. The easements must include permission for the City to access them to allow for inspections. 11. The city accepts maintenance responsibility for Hillside Lane, except for any landscaping and stormwater facilities in the median which shall be the responsibility of the property owners’ association. 12. The applicant must pay the Story Mill Road and Griffin Drive Sewer Payback District assessment associated with the subject property prior to final plat approval. 13. 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 improvement to Story Mill Road including paving, curb/gutter, sidewalk, and storm drainage b) Street improvements to Bridger Drive including paving, curb/gutter, sidewalk, and storm drainage c) Intersection improvements to Story Mill Road and Bridger Drive d) Street improvements, maintenance, and reconstruction to Blue Silos Way, Millwork Way, and Flourhouse Way including paving, sidewalk, storm drainage, and any other improvements within the 30 foot right-of-way. 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 to final plan approval. 14. The proposed ten foot utility easement on the east side of property must include clear and unambiguous language that no structures, deep root foliage, or other hindrances to future access may be planted, placed, or erected within the ten foot easement prior to final planned unit development plan approval. If the City grants applicant’s request for an easement in the adjacent City-owned property to the east for this utility easement and applicant records it, the new location of this utility easement must be shown on the final plat and final PUD plans. 15. Trees may not be located within 10 feet of sewer and water services unless explicitly listed and referenced in the relaxation requirements for tree separation. Sewer and water services must be shown on the landscaping plan of the park and open space plan, and approved by the Water/Sewer Superintendent prior to construction. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 93 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 26 of 49 16. 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 to be owned by the property owner’s association shall be transferred to the property owner’s association from the subdivider in conjunction with the final plat. All wells shall include a meter or other device to determine consumption. 17. Property owner’s association documents must address the requirements for street trees, a City of Bozeman planting permit for street trees, and obtaining utility locates before any excavation begins in the City of Bozeman right-of-way. The covenants must include a planting note stating that the planting hole must be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there should be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree. 18. Simultaneous with recording the final plat, the applicant must file a hold harmless document reviewed and approved by the City of Bozeman for any delayed maintenance or reconstruction to installed infrastructure. 19. Subdivision lighting Special Improvement Lighting District (SILD) information shall be submitted to the City Clerk after Preliminary Plat approval in hard copy and digital form. The final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the SILD shall include the entire area of the preliminary plat for the Bridger View Redevelopment Subdivision. 20. Prior to acceptance of publically owned infrastructure, the contractor shall provide a Maintenance Bond with the developer/owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found during the two-year warranty period. The City of Bozeman shall be named as dual obligee on the bond. 21. In relevant part, BMC 38.400.020, provides “A. General. All streets or alleys within, or providing access to, the proposed development must . . . be private streets to be owned and maintained by an approved property owners’ association . . .” and “c. Documented proof of adequate funding and scheduling for maintenance of all private streets, must be provided, subject to section 38.220.200.” Prior to final plat approval, a POA must be formed. The POA’s covenants, Articles of Incorporation, and corporate Bylaws must require the POA to provide for the assessment of funds adequate to maintain, repair and replace improvements including landscaping of open space, common structures, roads maintained by the POA, and sidewalks within the entire exterior boundaries of all phases of the subdivision. The covenants must address long-term capital reserves. The assessment must be based on a reasonable estimate of the costs of maintenance, repair, and replacement of the improvements to ensure adequate capitalization for routine maintenance as well as long-term replacement. 22. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 94 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 27 of 49 23. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to submitting final plat application. All addresses must be listed for each lot in the subdivision. 24. Cash-in-lieu of water right. The transfer of water rights or the payment of cash-in-lieu (CIL) of water rights shall be provided prior to final plat approval. 25. The approved affordable housing plan must be recorded concurrent with the final plat and a reference to the recorded document must be provided on the conditions of approval page of the final plat. The reference on the conditions of approval sheet must be “This subdivision is subject to affordable housing requirements. The subdivision’s requirements and obligations can be found in the Bridger View Redevelopment Affordable Housing Plan recorded as document no.___________ at the Gallatin County Clerk and Recorders Office.” The conditions of approval sheet includes the required notation. This condition is satisfied with the recording of the final plat mylars and the affordable housing plan for the subdivision. The Clerk and Recorder should write in the document number for the recorded affordable housing plan on the conditions of approval sheet prior to the filming/scanning of the final plat. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat and must be satisfied at the final plat. 1. BMC 38.220.300 and 310. The Property Owners’ Association (POA) documents must be finalized and recorded with the final plat. At least thirty working days prior to submission of the final plat application, the developer must submit a copy of the covenants to the city attorney’s office. The POA documents must include the requirements of Section 38.220.300 and 38.220.320.A.5 and 6. 2. BMC 38.220.070.A.6 easements. 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. 3. BMC 38.220.070.A.8 final plat review. The applicant must 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, and must include a digital copy (pdf) of the entire Final Plat submittal. This narrative must be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 4. BMC 38.220.320.A.5 Common area and facility maintenance plan. The developer must submit a legal instrument setting forth a plan providing for the permanent care and maintenance of common areas and facilities. The same must be submitted to the city attorney and must not be accepted by the city until approved as to legal form and effect. Common areas and facilities must be deeded to a property DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 95 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 28 of 49 owners' association and, the applicant must record the proposed documents governing the association at the time of final plat filing. 5. BMC 38.220.320.A.6 Common area and facility maintenance guarantee. In the event the organization or any successor organization established to own and maintain common areas and facilities, must at any time fail to maintain the common areas or facilities in reasonable order and condition in accordance with the approved plan, the city may cause written notice to be served upon such organization or upon the owners of property in the development. 6. BMC 38.220.300 and 310 and BMC 38.410.080.D The POA documents must incorporate the stormwater maintenance plan and clearly state the responsibility for stormwater maintenance for all stormwater facilities. 7. 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. (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 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. (2) For the transfer of personal property installed upon dedicated parkland or city-owned open space, or POA-owned parkland or open space, the subdivider must provide the city an instrument acceptable to the city attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements to the city or the POA. (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. (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. 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 where non-public improvements are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of non-public improvements. A certificate for all improvements related to the perimeter street landscaping and irrigation, stormwater improvements and open space lot landscaping and irrigation must be provided on the final plat. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 96 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 29 of 49 10. 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. 11. BMC 38.270.030 requires that all improvements to be dedicated to the public, such as water mains, sewer mains, parkland and related improvements, and public streets, must be installed in accordance with the approved plans and specifications by the developer, and certified by a registered professional civil engineer, licensed in the state, and 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 may be appropriate. 12. BMC 38.270.030.B.2.a and b. Completion of Improvements, Sidewalks. a. The subdivider must install sidewalks adjacent to public lands, including but not limited to, parks, open space, and the intersection of alleys and streets or street easements. Sidewalks in these areas must be installed prior to final plat approval, or must be subject to an approved improvements agreement and financially guaranteed. b. Except as provided in subsection c. below, upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed the required sidewalk must, without further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This must be provided as a note on the conditions of approval sheet of the final plat. 13. BMC 38.270.090 Waiver of Park Maintenance District. Executed waivers of right to protest the creation of a special district for parks maintenance will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already filed with annexation or prior development. 14. BMC 38.380.100.A Affordable housing plan as binding agreement. An affordable housing plan approved by the city will be considered a binding contract between the developer and the developer's successors in interest to the lot or dwelling. Such plan will be included in a separate recorded written agreement between the developer and the city, or incorporated into another recorded document wherein the developer is required to implement the affordable housing plan. The affordable housing plan and associated written agreement must be recorded at the time of final plat approval. The affordable housing plan has been updated with the final plat application and is complete and correct. This document must be recorded with the final plat documents following final plat approval by the City Commission. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 97 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 30 of 49 15. BMC 38.380.100.E Approval of affordable housing plan. The affordable housing plan will be reviewed as part of the initial application approval process for the type of development proposed. A condition shall be attached to the approval of any subdivision plat or site plan to require recordation of the affordable housing plan or other separate agreement obligating the developer to meet the requirements of this article. Per this section see recommended condition number 1 related to affordable housing. This code provision is satisfied with the recording of the final plat and associated affordable housing plan. 16. BMC 38.380.140.B.1 Payment of cash in lieu. Payment shall be made to the city of a payment of cash-in-lieu per a fee schedule adopted annually by the city commission. For each required affordable home not built, the cash-in-lieu amount will be the difference between the sales price of a lower-priced home according to the then-current schedule of affordable home prices and the average of the median sales price of homes within the city with the same number of bedrooms over the two years prior to the adoption of the schedule. Cash-in-lieu payments shall be paid prior to issuance of a certificate of occupancy for any dwelling or building in the development subject to this article. This code provision will be satisfied with the payment of cash-in-lieu as outlined below and prior to the recording of the affordable housing plan (Form AH). 17. BMC 38.380.140 C.1 Timing of providing in-lieu contributions. In-lieu contributions when permitted shall be due and deliverable to the city before the recordation of the affordable housing plan. A developer may propose an alternative to this requirement in which staged contributions are made upon the predicted occurrence of certain events, such as the sale of lots, which alternative may be approved at the sole discretion of the city. 18. BMC 38.400.060 Street Improvement Standards. The applicant must request a waiver for upgrades to the intersection of Bridger Drive and Story Mill Road. The waiver must be granted prior to final plat approval or the required improvements must be installed and accepted by the City or financially guaranteed as allowed prior to final plat approval. A sample waiver will be sent to the applicant’s engineer. 19. BMC 38.410.070.A.1 At least 10-feet of separation must be maintained between trees or other significant landscaping features and water and sewer services, unless explicitly included in the relaxations granted with the approved plans. 20. 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 all open space lots is required prior to final plat approval. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 98 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 31 of 49 SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS The Development Review Committee (DRC) reviewed the application on November 27, 2019. Based on its evaluation of the application against the criteria, the DRC found the application insufficient for continued review. A revised application was received January 23, 2020 with additional documentation and application forms received on April 21, 2020. On February 19, 2020 the City deemed the revised materials acceptable for review. The Design Review Board reviewed the Planned Unit Development application on March 11, 2020 and recommended approval of the PUD. The Community Affordable Housing Board (CAHAB) meetings have been cancelled due to COVID-19 related Orders. Therefore, CAHAB has not reviewed the application or provided a recommendation. However, members of CAHAB were invited to review all publicly available materials related to these applications and submit public comment to agenda@bozeman.net. The Recreation and Parks Advisory Board Subdivision Committee supports the improvements-in-lieu proposal from the Trust for Public Lands (TPL) for the Bridger View Redevelopment application. The completion of the parking lot was identified as a priority item of the Story Mill Park Master Plan by DRC staff, including Planning and Public Works. The proposal exceeds the required amount of parkland for the development and TPL gave $200,000 to the City of Bozeman for parks stewardship as part of their Story Mill Park contribution to the City. The development is well situated adjacent to the park and significant trails along the north and east property boundaries—the future residents of the development have ample parkland with significant amenities for their benefit. The Park plan was reviewed when TPL was the owner of the property. Ownership of the property was transferred from TPL to HRDC. The Planning Board reviewed the application on May 5, 2020. The Planning Board is the advisory body to the City Commission on this subdivision application. The Planning Board made a recommendation to the City Commission. The City Commission held a public hearing on May 18, 2020 at 6 p.m. The hearing was held by WebEx at 6:00 pm and a link to the hearing is: https://media.avcaptureall.com/session.html?sessionid=7a45320f-b106-4e5d-a938- e3076c4c32ec&prefilter=654,3835 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 is a summary of the completed review. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 99 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 32 of 49 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act. The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended condition of approval 2, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. A conditions of approval sheet must be included and updated with the required notations can be added as required by conditions or code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. 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 BMC or State law. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all regulatory standards. Staff recommends condition numbers 2, 3, and 5, and code requirements to address necessary documentation and compliance with adopted standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the local subdivision regulations. This subdivision includes some proposed lots to be included in a community land trust. The buildings on the lots will be sold, but the land where each building is located will be subject to a long term lease. The City has reviewed this proposal and finds that this application is not subject to 76-8 MCA, Buildings for Lease or Rent or Chapter 38, Article 2, Division 240, Part 3, Land Divisions Created by Rent or Lease. 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 November 5, 2019. The DRC reviewed the application materials and deemed this application acceptable for initial review on November 27, 2019. The DRC reviewed the application materials in accordance with the submittal checklists and Article 38.220 of the Unified Development Code (UDC) and found the application was not adequate for continued review per Section 38.240.110.A.3.a(2) BMC on December 6, 2019. A revised application was received on January 23, 2020 with additional documentation and application forms received on April 21, 2020. The April 21, 2020 submittal included the Affordable Housing form and the associated required materials. On February 19, 2020 the City deemed the revised materials acceptable for review. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 100 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 33 of 49 The hearings before the Planning Board and City Commission have been properly noticed as required by the UDC. Based on the recommendation of the DRC and other applicable review agencies, as well as any public comment 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 Planning Board conducted a public hearing and review the application on May 5, 2020. The Planning Board is the advisory body to the City Commission on this subdivision application. The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of the date it was deemed adequate. The DRC deemed the application adequate for continued review on February 19, 2020. Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by June 12, 2020, 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 B. Public comment has been received. On May 1, 2020 this major subdivision staff report was completed and forwarded with a recommendation of conditional approval to the Planning Board. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review by the DRC and the Department of Community Development all applicable regulations are met if all code requirements are satisfied with approval of the associated Planned Unit Development. Pertinent code provisions and site specific requirements are included in this report for consideration in Sections 3 and 4. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Code Correction 2 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 public access easements and street right of ways. Standard utility size and depths are being modified through the planned unit development alterative. The standard sewer easement width is 30 feet, the application is proposing a 25 foot easement width. Similarly, City standard ten foot front yard utility easements are being reduced to 5 feet in numerous lot fronts to accommodate the reduced lot size. Additional easements are carved out to accommodate electrical transformers installed by Northwest Energy. All easements are shown on the Plat Summary Map, Civil Site Plan, and Shallow Utility Plan. The Shallow Utility Plan is needed to orchestrate the multiple utilities within confined spaces. The developer is using a single construction management company to insure all safety protocols are enforced and the design is property constructed to ensure health and safety. All affected utility providers have approved the proposed utility plans. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 101 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 34 of 49 The applicant has requested the eastern most ten foot power easement be relocated onto City property to the east. The Public Works Director is processing their request. If approved, the ten foot utility easement shown on the plat and associated plan sheets will be abandoned and relocated on City property. In addition, the applicant will be responsible for the financial cost of acquiring the easement and moving the existing power line to the new location. 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 City code and state law require legal and physical access to each parcel within the subdivision. The City defines this standard primarily with frontage onto a City standard street allowing vehicular access directly to the front or rear of a property. A standard is available that allows access from a constructed alley and direct pedestrian access to the front of the property. PUD relaxations are requested to allow the alternative street section and physical access to individual lots. Bridger View Redevelopment is proposing alternative access types. At a minimum all lots will be access by a pedestrian walkway. In some cases, units with only pedestrian access will have reduced width pedestrian walkways if the Planned Unit Development is approved. An extension of Hillside Lane is proposed to be dedicated with this plat to a local standard street. Hillside Lane provides access to the proposed Blue Silos Way and Flourhouse Way. Blue Silos, Flourhouse, and Millworks Ways are non-standard roads within reduced public access easements. In combination the Paving Plan (Sheet C 4.0) and the Hardscape Plan (Sheet L1.0) best illustrate access to each individual lot. The final plat must 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 unless modified through the approval of the PUD. For example, access to condominium units facing Story Mill Park are via a non-standard sidewalk of 4 feet width. The property owners association will be responsible for maintenance of all internal roads. Condition of approval 9 is related to this issue. The City accepts maintenance responsibility for Hillside Lane excepting the landscaping and stormwater facilities. Condition of approval 11 is related to this issue. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 102 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 35 of 49 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 a residential and open space area according to the City of Bozeman Community Plan. The area is zoned for residential use development. The site is currently vacant and previously was a portion of the Bridger View mobile home park. Two cul-de-sacs are still in place and will be removed with development of the Bridger View Redevelopment. 2) The effect on Agricultural water user facilities This subdivision will not impact agricultural water user facilities. No irrigation facilities are on the site. 3) The effect on Local services Water/Sewer – Municipal water and sewer mains exist in the adjacent street rights of way, of Bridger Drive and Story Mill Road. Water and sewer were installed to serve the Bridger View mobile home park and were abandoned. The subdivider proposes to reconfigure and extend water and sewer mains to serve Bridger View Redevelopment. Water and sewer mains will be looped in order to meet water system requirements. The existing water system and downstream sanitary sewer mains have adequate capacity to serve the subdivision. Transfer of water rights or cash in lieu of water rights must be provided per code provision in order to provide a long term water supply for the project. 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. Multiple PUD relaxations relate to streets including construction standards, easement size, sidewalk location and size. Hillside Lane will be extended to serve this development, a future connection to Story Mill Park and future development to the south of the subject property. The development proposes a modified “woonerf” street cross-section to serve both vehicular and pedestrian use. The City accepts maintenance responsibility for Hillside Lane excepting the landscaping and stormwater facilities. Condition of approval 11 is related to this issue. The certificate of dedication for the final plat will list specific duties for maintenance. Hillside Lane right of way is proposed to be dedicated with this plat to provide a local street standard along southern border. An additional access point is planned by extending the right-of-way width on the south side to meet standards for un-subdivided lands, meet block width and length standards and access for future development. With the exception of Hillside Lane, the POA is responsible for maintenance and long term replacement of all internal streets, sidewalks, open space, common structures, and landscaping infrastructure and is required to create a plan to meet financial maintenance and replacement obligations. Condition of approval 21 is related to this issue. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 103 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 36 of 49 Street lighting is a component of the required street improvements. A special improvement lighting district is proposed to maintain these facilities. Conditions of approval 17, 18, 19, and 21 are related to these findings. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. However, the non-standard street sections created a need for a unique solution for turnaround areas and circulation within the site. A widened section of the “Path to the M” will be constructed within the sewer easement and public access easement for Open Space 5 and 7 to allow emergency vehicle circulation between the two proposed parking courts. Please refer to SP1 and the Civil Site Plan C 1.2 for details. A snap shot of C 1.2 is included here for illustrative purposes which shows the connection labeled as Emergency Vehicle Loop and highlighted in blue. Stormwater - The subdivision will construct storm water control facilities exceeding municipal code standards by employing Low Impact Design (LID) components to apply to performance standards for the PUD. The proposed design includes the following design elements: 1. Decentralized Facilities - The proposed facilities are scattered across the development rather than combined into one large facility, a common Low Impact Development design approach. This allows for the localized management of stormwater rather than a long flow path where volume and pollutant load can increase. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 104 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 37 of 49 2. Integrated Facilities - The proposed facilities are located in high traffic areas. Facilities located in such areas are far more likely to receive maintenance than hidden facilities in low traffic areas. 3. Maintenance Access - The proposed facilities have strategic maintenance access, which will preserve the long-term function and operation of the facilities. 4. Resilient Design - The proposed facilities are oversized when compared to the City’s current design standards. The physical location of the subdivision does not allow for an obvious discharge point. As such, the facilities are much larger and can hold larger volumes of stormwater than typically required. Considering these elements, the stormwater design on this project is “above and beyond” what the City would typically see on developments of this type. Inspection of installed facilities prior to final plat will verify that standards have been met. Maintenance of the storm water facilities is an obligation of the property owners’ association. This responsibility is addressed in the covenants proposed with the subdivision. Conditions 9, 17 and 21 ensure this will be satisfied according to standards with the final plat. Parklands – Required parkland dedication requirements are proposed to be met with improvements-in-lieu of parkland dedication as allowed by section 38.420.030. Improvements are earmarked for the Story Mill Community Park directly adjacent to the subject property. The Subdivision Review Committee supports the improvements-in-lieu proposal from the Trust for Public Lands (TPL), the prior owner of the property, for the Bridger View Redevelopment application. The completion of the parking lot was identified as a priority item of the Story Mill Park Master Plan by DRC staff, including Planning and Public Works. The proposal exceeds the required amount of parkland for the development and TPL gave $200,000 to the City of Bozeman for parks stewardship as part of their Story Mill Park contribution to the City. The development is well situated adjacent to the park and significant trails along the north and east property boundaries—the future residents of the development have ample parkland with significant amenities for their benefit. The Park plan was reviewed when TPL was the owner of the property. Ownership of the property was transferred from TPL to HRDC. BMC 38.420.090 authorizes the City to require waivers of right to protest creation of special districts for park maintenance. The new development will create open spaces with public access and with associated maintenance requirements. The residents will also be able to use other public parks throughout the City. A park maintenance special district facilitates maintenance in a manner that is proportionate to demand. A waiver will be recorded with the final plat. Code Correction 13 is related to this issue. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 105 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 38 of 49 4) The effect on the Natural environment The subdivision will not significantly impact the natural environment. Historically, the site has been used for residential use with internal roads and multiple structures. The property is at an intersection of two roads and a park. The area is classified as residential according to the Bozeman Future Land Use map and is zoned for residential uses. 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 proposes to irrigate parkland, open space or other public lands landscaping with a well. 5) The effect on Wildlife and wildlife habitat The subdivision will not significantly impact wildlife and wildlife habitat. The site has been substantially impacted by residential development, which has reduced wildlife habitat. There are no known endangered or threatened species 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 PUD alternative states any relaxations granted through the PUD must be offset by a better result for future residents and the greater community. The subdivision has been reviewed by the DRC, which has determined that it is in general compliance with the title with conditions and code provisions. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. Condition of approval 1 requires full compliance with all applicable code requirements. The intersection of Story Mill Road and Bridger Drive does not meet the standards of section 38.400.060. The applicant requested a waiver from the requirement to improve this intersection. A code correction is included to ensure the waiver is granted prior to final plat approval. Code Correction 18 addresses this issue. Although numerous subdivision and zoning dimensional standards are requested to be relaxed with the subdivision and PUD applications the design provides access, circulation, and internal circulation necessary to provide municipal services to the site and fire and emergency services have reviewed and approved the proposed design. All subdivisions must be reviewed against the criteria listed in Mont. Code Ann. 76-3-608.3.b-d, 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. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 106 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 39 of 49 Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on March 29, 2019. With the pre-application plan review application, waivers were requested from the materials required in Section 38.220.060 “Additional Subdivision Preliminary Plat Supplements.” Some items were not waived and all required material has been addressed. Staff offers the following summary comments on the supplemental information required with Article 38.220.060, BMC. 38.220.060.A.1 Surface Water No surface water features are on the site. This supplement was waived by the DRC. 38.220.060.A.2 Floodplains No mapped 100-year floodplains impact the subject property. There are no designated floodplains on the site. 38.220.060.A.3 Groundwater As part of the geotechnical investigation, five groundwater monitoring wells were installed on the site and groundwater depths recorded through the summer of 2019. Monitoring wells were approximately 9.5-10 feet deep and no groundwater was observed in the wells. Therefore, the seasonal high groundwater depths are greater than 9.5 feet and will not impact site development. Additionally, there was no indication in the test pits that water reached higher levels in the past. Groundwater degradation will be avoided by the use of municipal sewers and low impact stormwater mitigation systems designed in accordance with City of Bozeman standards. 38.220.060.A.4 Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. The geotechnical investigation found no geologic hazards or hydric soils on this site. The report provided site-specific recommendations for construction of foundations, utilities and streets. The Drainage and Grading Plan proposes cuts and fills are less than three feet in depth, and finished slopes are gentle (See Sheet C4.1). Final grading and erosion control plans will be submitted for engineering review after Preliminary Plat approval. 38.220.060.A.5 Vegetation This subdivision will not significantly impact vegetation. No substantial native vegetation was identified. The existing vegetation is remnant of the previous trailer park lawns, and consists of scattered trees, shrubs, and grasses. This vegetation will be removed with site development and replaced with new landscaping as shown on the Landscaping Plan. 38.220.060.A.6 Wildlife This subdivision will not significantly impact wildlife. See comments above under Criterion 5. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 107 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 40 of 49 38.220.060.A.7 Historical Features No notable features are on the site. 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 impact city water and sewer infrastructure. 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. The Preliminary Engineering Reports for water and sewer reports demonstrate that adequate water distribution systems and capacity, and sewage collection and disposal systems and capacity, exists or will be provided to serve the proposed subdivision. Water supply and sewerage will be provided by extension of City of Bozeman municipal systems as shown on the drawing set. Final design reports, plans, and specifications for the water and sewer extensions will be submitted for engineering review after the Preliminary Plat has been approved. Water rights for domestic water use will be provided by cash-in-lieu payment to the City of Bozeman. The annual water use for cash-in-lieu fee determination is provided in the Water Preliminary Engineering Report. Water rights for irrigation usage will be by an exempt water right on the existing trailer park wells. The Water Preliminary Engineering Report estimates that the irrigation use will be within the exemption of 10 acre-feet/year. 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. Low Impact Design (LID) methods to provide decentralized stormwater mitigation provide enhanced stormwater treatment, and function as site amenities. The LID stormwater mitigation will be designed in accordance with City of Bozeman Design Standards and Specifications Policy for retention/infiltration facilities. The Preliminary Engineering Report for Stormwater Design demonstrates that proposed stormwater mitigation meets the requirements of section 40.04.700, BMC and the City's adopted Stormwater Master Plan. Preliminary plans showing location and construction details of the proposed stormwater improvements are included in the drawing set. Final design reports, plans, and specifications for the stormwater mitigation facilities will be submitted for engineering review after the Preliminary Plat has been approved. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 108 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 41 of 49 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. The proposed density is more than previously established and a more thoughtful and complete street grid is proposed. The construction of Hillside Lane on the southern boundary will improve connectivity. See discussion above under primary review criteria. A road extends to the western property boundary to allow future connection to Story Mill Park and development to the south to facilitate compete streets and the street grid. The design further supports and improves block width standards. The development proposes a “Woonerf” type street section. Alternate street sections are permitted through the PUD process. The proposed street design includes a 16 foot drive aisle and two attached five foot attached pedestrian walks and no on-street parking. Typically, a Woonerf or shared street, does not include any sidewalks because, by definition, the hard surface is designed as a shared space. For example, according to the Federal Highway Transportation Administration a Woonerf ("Street for living") is a Dutch term for common space created to be shared by pedestrians, bicyclists, and low speed motor vehicles. They are typically streets without curbs and sidewalks, and vehicles are slowed by placing trees, planters, parking areas, and other obstacles in the street. Motorists become the intruders and must travel at very low speeds below 10 mph. This makes a street available for public use that is essentially only intended for local residents. 38.220.060.A.13 Utilities This subdivision will not significantly impact utilities. All private utilities servicing the subdivision will be installed underground. See discussion above under primary review criteria regarding extension of water and sewer. All private utilities are available in the area. Numerous utility design standard relaxations are requested with this application. In addition to those discussed above additional relaxations are needed to accommodate the shallow utility design by separating deep root trees and plants. In addition, special construction techniques are need to ensure existing trees’ health is maintained during construction and future maintenance. Conditions 15 and 17 are included to execute the desired outcome. The roads and open space will be owned by the POA with public access easements throughout. Maintenance and replacement will be the responsibility of POA. Therefore, future residents will be financially responsible for all going maintenance and replacement when deemed necessary. This includes all roads, sidewalks, and opens space. 38.220.060.A.14 Educational Facilities Required materials are provided. The Bozeman School District has identified that adequate capacity is available. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 109 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 42 of 49 38.220.060.A.15 Land Use The use proposed is mixed use residential which conforms to the future land use designation and zoning purposes. The property has a future land use designation of Residential Emphasis Mixed Use and is zoned R-3, Medium Density Residential District. Table C-16 of the Bozeman Community Plan shows R-3 as implementing districts of Residential Emphasis Mixed Use designated areas. The property is in accordance with the overall intent of the growth policy. The site is privately owned, and thus its current designation does not create any public right of use to the property. The property is adjacent to the Story Mill Community Park and proposes making improvements to the park to meet their requirement for park dedication requirements. 38.220.060.A.16 Parks and Recreation Facilities Parkland dedication or equivalent is required pursuant to section 38.420.020. Sixty two residential units are proposed plus the common house totaling 63 residential units. Pursuant to section 38.420.020.A.2 the R-3 zone has a density cap of 12 dwelling unit per net acre of dedication or 3.064 acres @ 12 DU equals a maximum of 36.768 units at the rate of 0.03 acres per unit. Therefore a total of 1.103 acres or parkland or equivalent is required. No written support claiming exemptions pursuant to section 38.420.020.B.5 was provided with the preliminary plat application. Appendix 10,q details the specific park plan for this subdivision. The applicant has proposed improvements-in-lieu to improve Story Mill Park. Lot size was reduced through the PUD provisions, if approved. The excess area was comingled into the various open space lots for the benefit of all residents. Open space is deducted as part of the net residential density calculation for parkland dedication and increases net residential density. As a result a 2.445 acres of common open space is provide in the development. The Subdivision Review Committee supports the improvements-in-lieu proposal from TPL, the previous landowner, for the Bridger View PUD. The completion of the parking lot was identified as a priority item of the Story Mill Park Master Plan by DRC staff, including Planning and Public Works, at the time of occupancy request last fall. The proposal exceeds the required amount of parkland for the development and TPL gave $200,000 to the City of Bozeman for parks stewardship as part of their Story Mill Park contribution to the City. Of course, the development is well situated adjacent to the park and significant trails along the north and east property boundaries—the future residents of the development have ample parkland with significant amenities for their benefit. A total of $98,052.98 of improvements are proffered with the application. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 110 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 43 of 49 Below please find the parkland dedication table from the application as required by code. See discussion above under primary review criteria. 38.220.060.A.17 Neighborhood Center Plan Bridger View Redevelopment does not require a neighborhood center pursuant to section 38.410.020.A. 38.220.060.A.18 Lighting Plan Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed must use LED light heads and must conform to the City’s requirement for cut-off shields as required by the City’s specifications. A Special Improvement Lighting District (SILD) will be created prior to final plat application. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 111 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 44 of 49 38.220.060.A.19 Miscellaneous The proposed subdivision will improve the access to public lands by construction of Hillside Lane and improvements to City parkland. No known potential hazards are related to this subdivision. 38.220.060.A.20 Affordable Housing The primary purpose of the proposed subdivision is to meet housing needs of the City. A three tier price range is proposed from lower-priced homes, as defined in the City’s Affordable Housing Ordinance (AHO), to market rates homes. To meet the specific requirements of the AHO the applicant proposes providing five (5) lower priced homes. The City defines “lower priced homes” as home priced at a price affordable to a buyer-household with an income at 70 percent of area median income (AMI) as determined by the city in accordance with section 38.380.070. The City defines “moderate-priced homes” as homes that meet a buyer-household with an income from 70.1 percent to a maximum of 90 percent of AMI. If the calculation of the required number of affordable homes results in a fraction of a home, this obligation will be satisfied by payment of a fee-in-lieu pursuant to section 38.380.140 or by providing an additional moderate-priced home. The development application includes meeting the “missing middle” homes in a price range affordable to buyer-household with an income from 80 to 120 percent of AMI. “Missing Middle” housing is primarily about the form and scale of these buildings according to Opticos Design's Daniel Parolek, who coined the term “Missing Middle” in 2010 to define a range of housing types that provide a solution to the mismatch between the available U.S. housing stock and shifting demographics combined with the growing demand for walkable urban living. City code allows all the types of homes proposed without any specific consideration and other home types. The Affordable Housing application is attached for reference. Final plat approval is contingent on finalizing the affordable housing plan. Please refer to the Community Housing Program Manager’s memo attached to this report. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 112 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 45 of 49 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application was considered by the City Commission at a public hearing on May 18, 2020 at which time the Department of Community Development Staff entered the staff report, applicant submittal, and all public comment into the record, and summarized the project to the City Commission prior to the public hearing. D. The applicant, HRDC, acknowledged understanding and agreement with the recommended conditions of approval, and code provisions. E. The City Commission requested public comment at the public hearing on May 18, 2020. Public testimony was offered on the subdivision. F. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, Article 33, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final plat and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. H. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this subdivision shall be effective for three (3) year from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 113 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 46 of 49 DATED this 14th day of September, 2020 BOZEMAN CITY COMMISSION ____________________________________ CYNDY ANDRUS Mayor ATTEST: __________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 114 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 47 of 49 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The property is zoned R-3 (Residential Medium Density District). The intent of the R-3 residential office district is “to provide for the development of one- to five-household residential structures near service facilities within the city. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses. Use of this zone is appropriate for areas with good access to parks, community services and/or transit.” Adopted Growth Policy Designation: The property is designated as “Residential Emphasis Mixed Use.” The Residential Emphasis Mixed-Use category “promotes neighborhoods with supporting services that are substantially dominated by housing. A diversity of residential housing types should be built on the majority of any area within this category. Housing choice for a variety of households is desired and can include attached and small detached single-household dwellings, apartments, and live-work units. Residences should be included on the upper floors of buildings with ground floor commercial uses. The category is appropriate near commercial centers and larger areas should have access on collector and arterial streets. Multi-household higher density urban development is expected. Any development within this category should have a well-integrated transportation and open space network which encourages pedestrian activity and provides ready access within and to adjacent development.” 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 in accordance with BMC 38.220.420. Notice was provided by posting the site, mailing by certified mail to adjacent property owners and by first class mail to all other owners within 200 feet on April 17, 2020. Legal advertisement publication in the Bozeman Daily Chronicle was published on April 19, 26, and May 3, 2020. In response to schedule changes from the COVID-19 protocols the review schedule was changed. The applications were re-noticed pursuant to section 38.220.420 on April 24, 2020. Content of the notice contained all elements required by Article 38.220., BMC. Public comment has been received. All public comment can be viewed by clicking the comment link provide in this report. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 115 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 48 of 49 The City Commission public hearing is available at: https://media.avcaptureall.com/session.html?sessionid=7a45320f-b106-4e5d-a938- e3076c4c32ec&prefilter=654,3835 APPENDIX C – PROJECT BACKGROUND The property owner and applicant made application to develop the site formally known as the Bridger Park Trailer Court on the southwest corner of Bridger Drive and Story Mill Road. The Bridger View mobile home park hosted 92 residential homes. The mobile home park was removed in 2006 by the now-defunct Story Mill development. The development proposes the construction of 63 residential living units on 57 lots with one common house, parking structures, common open space areas, and rights-of-ways. Parkland requirement is proposed to be met through the cash-in-lieu of parkland dedication alternative. The subject property recently went through a Growth Policy Amendment to alter the future land use designation from Community Commercial Mixed-Use and Residential to Residential Emphasis Mixed –Use and was subsequently was rezoned from B-1 (Neighborhood Business), R-2 (Residential Single Household, Low Density), and R-4 (Residential High Density) to R-3 (Medium Density Residential District). The project’s development intent is to create “lasting and livable” neighborhood. The net residential density is 7.9 dwelling units per acre. Zoning requires a minimum net density of 5 dwelling units per acre. Fifty percent, or 31 residential homes will be sold at market rates, 26 homes will be sold between 80 to 120 percent of the area median income (AMI) rate (greater than City’s Affordable Housing program classification but less than market rate), and Five (5) homes will meet the City’s Affordable Housing Ordinance at the “lower income” bracket of 70 percent AMI or less for a total of 62 residential units. The development team states: “Bridger View is envisioned as a diverse neighborhood where households at various income levels, stages of life, sizes and backgrounds can afford to purchase a home in Bozeman. The new neighborhood features 62 modest, well-designed houses compatible in scale with Bozeman’s older neighborhoods. The design provides adequate parking while emphasizing pedestrian pathways and connectivity including adjacency to the new Story Mill Community Park and regional trails. Characteristics include a comfortable neighborhood scale, walkable streetscape, modest size, simple construction and shared community spaces. Porches, front yards, sidewalks, shared courtyards and tree-lined streets offer a welcoming setting. DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 116 19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 49 of 49 The Human Resource Development Council (HRDC) plans to develop the neighborhood in its entirety ensuring a level of quality design and overall coordination. Exceeding the standards of Bozeman’s Inclusionary Zoning Ordinance, 50 percent of the houses will be perpetually affordable to households of moderate income. A new community land trust (CLT) will be established, drawing on the expertise and capacity of HRDC, to permanently preserve the condition and availability of affordably priced homes at Bridger View. Market rate and CLT homes will be interspersed throughout the site, indistinguishable in quality and design. This project will create an innovative neighborhood that provides an inventory of homes that are permanently affordable. As a community based-model, it integrates private development, non-profit and philanthropic investments along with cost-sharing for offsite infrastructure upgrades by the City of Bozeman through the Capital Improvements Plan.” APPENDIX D - OWNER INFORMATION Owner: HRDC, 32 South Tracy Ave, Bozeman MT 59715 Applicant: HRDC, 32 South Tracy Ave, Bozeman MT 59715 Representative: Groundprint, LLC, 1262 Stoneridge Drive, Bozeman MT 59718 Report By: Tom Rogers, AICP, Senior Planner FISCAL EFFECTS The development will generate the typical costs and revenues of residential development. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Project summary Application PUD Relaxations Plat summary map Civil site plan Hardscape plan Architectural plan Unit plan Common structures plans Open space plan Unit designs (5 sheets) Appendix 10.q. Parkland Design guidelines Community Housing Program Manager Memo Appendix 10.c Affordable Housing Plan Appendix 10.d Community Housing Plan Park Plan DocuSign Envelope ID: 0C95FF5E-B8B6-40E3-96BE-2459E5728567 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 Memorandum REPORT TO:City Commission FROM:Adam Oliver, Interim Stormwater Program Manager Scott Shirley, Interim Public Works Director Anna Rosenberry, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Notice of Award to Allied Trenchless in the Amount of $481,095 for Construction of the Downtown Stormwater Trunk Rehabilitation Project MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a notice of award and the construction agreement, once executed by the contractor, for construction of the Downtown Stormwater Trunk Rehabilitation Project to Allied Trenchless, in the amount of $481,095. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:In 2014, the City Commission instructed Staff to implement a Stormwater Division (Division) to better manage infrastructure, improve local waterway health, and comply with environmental regulations. Since, the Division has constructed projects, implemented programs, and developed processes to achieve set goals. The Downtown Stormwater Trunk Rehabilitation Project (Project) is a continuation of these efforts. The Project is preventative and includes the rehabilitation of 1,318’ feet of storm sewer buried under the alley between Main Street and Mendenhall Street, from Tracy Avenue to Rouse Avenue. The pipe is 100 years old, made of antiquated material, and high-priority, since it conveys runoff from 270 acres. A failure could result in flooding, road collapse, and costly repairs. On May 28, 2021, the City Clerk opened two bids for the Project. Allied Trenchless submitted the low bid of $481,095, which the Division reviewed and found consistent with the engineering estimate. A copy of the Bid Tabulation, Notice of Award, and Project Drawings are attached. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. 138 FISCAL EFFECTS:The Commission approved the Downtown Trunk Line Rehabilitation Phase 1 with the FY20 Budget ($400,000, STM01) and Downtown Trunk Line Rehabilitation Phase 2 with the FY21 Budget ($350,000, STDM03). Both project budgets include funding for design and construction. Also, staff combined the projects to provide a more economical approach since the work is highly specialized. The contract total is $481,095, and within the remaining budget. Attachments: Bid Tab - Signed.pdf Downtown Stormwater Trunk Project - Notice of Award.docx Downtown Stormwater Trunk Project - Project Drawings.pdf Report compiled on: June 8, 2021 139 Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total: Instituform Technologies 37898 Yes Yes $510,120.00 Allied Trenchless 236684 Yes Yes $481,095.00 Mike Maas Jesse DiTommaso Adam Oliver City Clerk Deputy City Clerk Stormwater Project Manager Bid Check:Delivered to Finance:Accepted By:Date: 1 2 3 4 Downtown Stormwater Trunk Rehabilitation Project These bids were opened and read before the undersigned at 2:00 pm on Friday, May 28, 2021. DocuSign Envelope ID: 16A2FB50-773C-4343-B401-8DD7E0B3A64C 140 Section 006 NOTICE OF AWARD Page 1 of 1 NOTICE OF AWARD Downtown Stormwater Trunk Rehabilitation Project DATED: ____________________ TO: Allied Trenchless ADDRESS: 246 W. Manson Hwy Chelan, WA 98816 PROJECT: Downtown Stormwater Trunk Rehabilitation Project CONTRACT FOR: Rehabilitation of 1,318 lineal feet of existing 27-inch, 28-inch, 32-inch, and 35-inch (nominal) cylindrical block grouted-in-place storm pipe with cured-in-place pipe (CIPP) and reinstatement of approximately 31 service connections. The stormwater trunk line is located within an alleyway between East Main and East Mendenhall Streets. Completion of this work will include pre-installation inspection, cleaning, location and verification of active services, trimming protruding services, bypass pumping operations, CIPP lining installation, and service reinstatement. Resin used for the CIPP shall be non-styrene, VOC-free resin. All work will be completed within existing paved alleys and roadways within the City of Bozeman. You are notified that the City of Bozeman (Owner) has considered your bid opened on May 28, 2021 for the above Contract. The Owner has determined that you are the apparent successful bidder and is awarding you the Contract for the Downtown Stormwater Trunk Rehabilitation Project.The price of your Contract is: Four Hundred Eighty-One Thousand Ninety-Five Dollars ($481,095.00). You must comply with the following conditions within fifteen (15) days of the date of this Notice of Award, that is, by________________________________. You must deliver the following to the Owner before the aforementioned date: 1. Four (4) executed counterparts of the Agreement Form, including all Contract Documents and Drawings. 2. Executed Agreement Form, Payment Bond, and Performance Bond as specified in the Instructions for Bidders and General Conditions. 3. Certificates of Insurance as specified in the Supplementary Conditions (paragraphs SC- 5.04 and SC-5.06). Failure to comply with these conditions within the time specified will entitle the Owner to consider your bid abandoned, annul this Notice of Award, and declare your Bid Security forfeited. The Owner will return to you two fully signed counterpart of the Agreement with the Contract Documents attached within ten (10) days after you comply with these conditions. CITY OF BOZEMAN, MONTANA ATTEST: BY: ___________________________BY: ______________________________ (JEFF MIHELICH, CITY MANAGER) (MIKE MASS, CITY CLERK) DATE: ____________________ 141 142 MAIN ST.MAIN ST.N. BLACK AVE.N. BOZEMAN AVE.N. ROUSE AVE.N. TRACY AVE.EAST MENDENHALL ST. STORMWATER TRUNK LINE, PROJECT AREA DOWNTOWN STORMWATER BASIN BOUNDARY DOWNTOWN STORMWATER BASIN OUTFALL GENERAL NOTES EXISTING ITEMS G G SD W COMMON ABBREVIATIONS E OE S GENERAL PROJECT LEGEND PROPOSED ITEMS STORMWATER BASIN MAPPING DOWNTOWN STORMWATER TRUNK REHABILITATIONBOZEMAN, MONTANA406-586-88341283 N. 14th Ave. Suite 101Bozeman, Montana 59715WWW.DOWL.COMBID DOCUMENT DOWNTOWN STORMWATER BASIN SHEET INDEX SHEET C02 SHEET C03 SHEET C04 G01 AND STORMWATER BASIN MAPGENERAL NOTES, LEGEnD, ABBREVIATIONS,143 MAIN ST.MAIN ST.N. BLACK AVE.N. BOZEMAN AVE.N. ROUSE AVE.N. TRACY AVE.MENDENHALL ST. MAIN ST.MAIN ST.N. BLACK AVE.N. BOZEMAN AVE.N. ROUSE AVE.N. TRACY AVE.MENDENHALL ST.DOWNTOWN STORMWATER TRUNK REHABILITATIONBOZEMAN, MONTANA406-586-88341283 N. 14th Ave. Suite 101Bozeman, Montana 59715WWW.DOWL.COMBID DOCUMENT C01OVERALL EXISTING STORMWATER MAP144 N. BLACK AVE.N. TRACY AVE.1-5 E MAIN ST11 E MAIN ST17 E MAIN ST23 E MAIN ST27 E MAIN ST29 E MAIN ST35-37 E MAIN ST9 E MAIN ST26 E MENDENHALL ST 1 W MAIN STDOWNTOWN STORMWATER TRUNK REHABILITATIONBOZEMAN, MONTANA406-586-88341283 N. 14th Ave. Suite 101Bozeman, Montana 59715WWW.DOWL.COMBID DOCUMENT C02 PLAN & PROFILE - STA. 0+00 TO 4+20DOWNTOWN STORMWATER TRUNKMATCH LINE - STA. 4+20 - SEE SHEET C031 TYP. EXISTING MH TO PIPE CONNECTION NTS 145 N. BOZEMAN AVE.101 E MAIN ST107 E MAIN ST115 E MAIN ST121 E MAIN ST123 E MAIN ST101 E MAIN ST129 E MAIN ST131 E MAIN ST137 E MAIN ST35 N BOZEMAN AVEDOWNTOWN STORMWATER TRUNK REHABILITATIONBOZEMAN, MONTANA406-586-88341283 N. 14th Ave. Suite 101Bozeman, Montana 59715WWW.DOWL.COMBID DOCUMENT C03 PLAN & PROFILE - STA. 4+20 TO 8+00DOWNTOWN STORMWATER TRUNKMATCH LINE - STA. 8+00 - SEE SHEET C04MATCH LINE - STA. 4+20 - SEE SHEET C02146 N. ROUSE AVE.232 E MENDENHALL ST 201 E MAIN ST219 E MAIN ST223 E MAIN ST225 E MAIN ST229 E MAIN ST235 E MAIN ST241 E MAIN ST303 E MAIN ST311 E MAIN ST321 E MAIN ST34 N BOZEMAN AVE DOWNTOWN STORMWATER TRUNK REHABILITATIONBOZEMAN, MONTANA406-586-88341283 N. 14th Ave. Suite 101Bozeman, Montana 59715WWW.DOWL.COMBID DOCUMENT C04 PLAN & PROFILE - STA. 8+00 TO 13+60DOWNTOWN STORMWATER TRUNKMATCH LINE - STA. 8+00 - SEE SHEET C03147 Memorandum REPORT TO:City Commission FROM:Cody Flammond, Engineer II Scott Shirley, Interim Director of Public Works SUBJECT:Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Bozeman Boulders, LLC for the Palisades Condominiums Site Plan Project (20117) MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with Bozeman Boulders, LLC for the Palisades Condominiums Site Plan Project (20117). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Conditional Irrevocable Offer of Dedication Report compiled on: June 4, 2021 148 149 150 151 152 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign an Agreement for the Ownership, Location, and Maintenance of Transit Shelters Located within the City of Bozeman MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to execute an agreement for ownership, location, and maintenance of transit shelters within the City of Bozeman conveying and consolidating existing and future transit shelters to the ownership and management of Streamline, a program of Human Resources Development Council (HRDC). STRATEGIC PLAN:1.4 Business and Institutional Partnerships: Explore opportunities for partnerships with key business groups and non-profit organizations. BACKGROUND:Shelters are an important component in meeting the increasing desire and need for robust and accessible transit service in Bozeman. The construction, location, maintenance, right of ways and ownership of the transit shelters located throughout the City has been a patchwork filled with inconsistencies and variability. To consolidate management and ensure uniformity throughout the City, the Human Resources Development Council (HRDC) will assume ownership of all transit shelters in the City with the exception of those owned by Montana State University and Bozeman School District 7. This is programmatic agreement details how current City owned transit shelters will be transferred to HRDC’s ownership as well as how future transit shelters accompanying development will be acquired by HRDC. UNRESOLVED ISSUES:None identified. ALTERNATIVES:None suggested or proposed. FISCAL EFFECTS:None identified. Attachments: Agreement for Transit Shelters Located within the City of Bozeman_final.docx 20210611_Bus Shelter List _final.pdf 153 Report compiled on: June 10, 2021 154 Page 1 of 9 AGREEMENT FOR THE OWNERSHIP, LOCATION, AND MAINTENANCE OF TRANSIT SHELTERS LOCATED WITHIN THE CITY OF BOZEMAN This Agreement for the Ownership, Location, and Maintenance of Transit Shelters Located within the City of Bozeman (the “Agreement”) is entered into this ___ day of __________, 2021 by and between the Human Resource Development Council, District IX, Inc. (hereinafter “HRDC”), a Montana non-profit corporation, and the City of Bozeman, Montana (hereinafter “City”). Whereas, HRDC operates a municipal transportation system in Gallatin County, Montana known as Streamline Transit (“Streamline”); and Whereas, HRDC has entered into a Transit Shelter Advertising Agreement (hereinafter “Advertising Agreement”) with Dakota Outdoors for the benefit of transit riders in Gallatin County, Montana for the installation and upkeep of transit shelters on public or private property that may carry advertising; and Whereas, this Agreement shall govern all transit shelters owned and/or utilized for municipal transit by HRDC and its subsidiaries, including the transit shelters erected as of the Effective Date listed on the attached Exhibit A and all transit shelters erected and/or utilized thereafter by HRDC for municipal transit within the City; and Whereas, HRDC desires to own all transit shelters utilized by its programs, though a HRDC Contractor may, in compliance with all City requirements, erect Transit Shelters and assign or convey them to the HRDC by way of a separate agreement; and Whereas the City controls placement of shelters on City-controlled right of way and on City property within the city limits of Bozeman, Montana. NOW THEREFORE, the parties agree as follows: 1.Term. This Agreement will become effective beginning on the date first written above (“Effective Date”) and will end on the fifth anniversary of the Effective Date unless earlier terminated as provided herein. 2.Ownership/Inventory. The parties agree HRDC will assume ownership, operate, maintain and insure for liability and property damage all transit shelters currently within the City located on active transit routes. To the extent the City owns any property interest in a transit shelters listed in Exhibit A, subject to the termination provision of this Agreement, the City will cooperate with HRDC to execute ownership transfer documents satisfactory to both parties to transfer such ownership interest to HRDC. Shelters owned by Montana State University, Bozeman School District 7, or existing shelters independently owned and maintained on private property are not included in the shelters HRDC must own, operate, maintain, and insure. The parties agree and it is the intention 155 Page 2 of 9 of this agreement that HRDC will own, operate, maintain, and insure for liability and property damage all future transit shelters within the City located on its transit routes. 3.HRDC must maintain an inventory of all transit shelters located within the City that lists each shelter, its location, the owner of the right-of-way upon which the shelter is located, recorded easements or licenses that demonstrate HRDC has the required authority to locate the shelter, information regarding maintenance, and any other item HRDC determines necessary to demonstrate its compliance with this Agreement. HRDC agrees it will provide such inventory to the City upon the City’s request. 4.Transfer of Transit Shelters Pursuant to Development Application; Consultation with HRDC. The City will require property owners and developers who install transit shelters pursuant to a zoning application or other City-imposed development requirement to transfer ownership of such transit shelters to HRDC and HRDC agrees to accept such transfer of ownership. Prior to conditioning approval of a land use development proposal on the installation of a transit shelter or allowing the installation of a transit shelter to satisfy a development’s parking requirements, the City will send HRDC a written request for comment regarding the need for and location of any transit shelter to be installed by a property owner or developer as part of a land use development review with a deadline for responding. City may deem HRDC’s failure to respond in writing as agreement with the proposal and make a decision on the Developer’s proposal based on City policy and regulations. 5.Encroachment Permits/Licenses/Easements. a. On City Property or Rights of Way: Except as provided in 4(c), HRDC must obtain an encroachment permit from the City Department of Public Works prior to construction or installation of transit shelters located within City- controlled right-of-way. Construction or installation of a transit shelter on City-owned real property will require a signed license agreement prior to construction or installation. For transit shelters placed on right-of-way owned or controlled by the Montana Department of Transportation, HRDC must contact the Bozeman office of MDT and obtain all necessary approvals from MDT prior to installing the transit shelter. b. On Private Property. Except as provided in 4(c), for transit shelters to be placed on private property, HRDC must obtain, at a minimum, an easement for the installation and use of the transit shelter from the property owner. HRDC recognizes in some situations installation of a transit shelter may require site plan review and approval by the City’s Department of Community Development. The easement must be granted to the City. c. Transit Shelters Pursuant to Development Application. The City will require property owners who install transit shelters as described in Section 3 to: 156 Page 3 of 9 i. Grant an easement for transit purposes to the City for transit shelters to be installed on private property. ii. Obtain an encroachment permit from the City for transit shelters to be installed on City-controlled rights of way or from MDT for transit shelters to be installed on MDT-controlled rights of way. 6.Zoning Compliance/Permits. a. The installation of transit shelters must conform with all zoning, building code, and other municipal code requirements. As such, HRDC must, prior to installation of a new transit shelter, consult with the City’s department of community development and comply with all applicable requirements. b. Signage within the interior of a transit shelter is exempt from the Bozeman Municipal Code’s (“BMC”) prohibition against off-premises signs if such signage comports with the requirements of 38.560.150, BMC. In accordance with 38.560.150, BMC, signage on the interior of transit shelters served by an active fixed route transit service must be reviewed and approved by the City and issued a sign permit. A sign permit may authorize HRDC to change individual advertising without requiring a new sign permit as long as all signage conforms to the same dimensional standards as the original permit and conforms to the requirements of this Agreement. Signage within a transit shelter may not distract drivers of vehicles nor be legible from the driving lanes. For purposes of this MOU, “legible from the driving lanes” is defined as meeting the legibility standards contained in the most recent edition of the Manual on Uniform Traffic Control Devices (MUTCD). 7.Maintenance. HRDC must regularly maintain all transit shelters within City limits in a safe, clean and good state of repair. HRDC will be responsible for snow and ice removal from the area within and under the transit shelters. 8.Removal or Relocation of Transit Shelters. The parties acknowledge and agree that development application approvals by the City may be conditioned on the location of a transit shelter within a certain distance of the development. Therefore, no transit shelter may be removed or relocated without prior written approval in writing from the City’s Director of Community Development and compliance with the terms of this MOU. 9.Indemnification; Insurance. a. HRDC agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section 8 as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and consultants), 157 Page 4 of 9 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 HRDC or its agents in the performance of this MOU; or (ii) any negligent, reckless, or intentional misconduct of Dakota Outdoors or its agents in the performance of the Advertising Agreement. b. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). c. HRDC’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. d. Should any indemnitee described herein be required to bring an action against the HRDC to assert its right to defense or indemnification under this Agreement or under HRDC’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 HRDC was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. e. In the event of an action filed against City resulting from HRDC’s performance under this MOU or Dakota Outdoors’ performance under the Advertising Agreement, the City may elect to represent itself and incur all costs and expenses of suit. f. HRDC also waives 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. g. These obligations shall survive termination of this Agreement and the services performed hereunder. h. In addition to and independent from the above, HRDC shall at HRDC’s expense secure and maintain during the entire term of this Agreement 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 HRDC in this Section for all transit shelters located on City right-of-way or for transit shelters the City has required to be installed as a requirement of approval of a development. 158 Page 5 of 9 The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the HRDC in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and HRDC shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as shown on below: Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Adequate property insurance to cover replacement costs of each shelter. i. The amounts of insurance provided shall be exclusive of defense costs. 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. HRDC shall notify City within two (2) business days of HRDC’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. j. The City must approve all insurance coverage and endorsements within 30 business days of the date of this Agreement. HRDC must provide an updated certificate of insurance annually and inform the City of any changes to HRDC’s insurance. 10.Termination. This Agreement shall terminate: a. Upon expiration of the term. b. Upon mutual agreement of the parties in writing. c. Upon six (6) months’ written notice by either Party to the other. d. Upon the effective date of formation of a Transit Authority as described in Section 10. Upon termination, unless otherwise agreed to by the Parties, ownership of all transit shelters owned by the City prior to the date of this Agreement and which are contemplated by the Parties to be transferred to HRDC pursuant to this Agreement must be transferred to the City. HRDC agrees it will take all steps necessary to transfer ownership of these shelters back to the City no later than 90 days after the date of termination. If the parties agree at the time of termination that after termination all transit shelters located within the City will continued to be owned by HRDC, HRDC agrees it must, as long as it owns the shelters ensure: (i) all shelters continue to have and comply with the 159 Page 6 of 9 appropriate encroachment permit or license agreement from the City, MDT, or the property owner; (ii) all transit shelters are located in areas where perpetual easements, encroachment permits, or license agreements for the installation of the transit shelter and the shelters’ use by the public have been recorded; and (iii) maintain every shelter pursuant to the standards of section six (6) of this Agreement. 11.Creation of Transit Authority/Transfer of Assets. The parties agree and understand that HRDC may recommend to the Gallatin County Commission, the Bozeman City Commission and the Belgrade City Council (collectively, the “Governmental Entities”) that another body or organization (“Transit Authority”) be created or selected to operate a public transportation service in the Greater Bozeman Area. If the Governmental Entities choose to create such a body or organization, upon formation and upon the Transit Authority providing sufficient evidence to the City of its organizational and financial capacity to take over the obligations of this MOU, the City and HRDC agree all shelters owned wholly or partially by HRDC will be promptly conveyed to that new entity. 12.Laws and Regulations. HRDC shall ensure its contractors constructing and/or installing transit shelters and advertising within such shelters 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 codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. Nondiscrimination and Equal Pay. HRDC agrees that all hiring by HRDC of persons performing under this Agreement will be on the basis of merit and qualifications. HRDC shall have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. HRDC shall 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. HRDC shall require these nondiscrimination terms of its contractors, subcontractors, and any advertiser providing services under this Agreement. HRDC 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). HRDC must report to the City any violations of the Montana Equal Pay Act that HRDC has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. 160 Page 7 of 9 HRDC shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 13.No Joint Venture. Nothing contained in this Agreement shall be construed to create any partnership or agency relationship between the Parties for any purpose, action, or transaction, including those related to this Agreement. This Agreement does not create a joint venture or any form of separate legal entity. 14.Representatives. a.City. The City’s Representative for the purpose of this Agreement shall be the City Engineer or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b.HRDC. HRDC’s Representative for the purpose of this Agreement shall be Sunshine Ross or such other individual as HRDC shall designate in writing. Whenever direction to or communication with HRDC is required by this MOU, such direction or communication shall be directed to HRDC’s Representative; provided, however, that in exigent circumstances when HRDC’s Representative is not available, City may direct its direction or communication to other designated HRDC personnel or agents. 15.No Third Party Beneficiary. This MOU 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. 16.Dispute Resolution. 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. If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this MOU. 17.Survival. HRDC’s indemnification and other obligations shall survive the termination or expiration of this MOU as specified above or for the maximum period allowed under applicable law. In the event HRDC contracts with a different advertising agency other than Dakota Outdoors, HRDC’s indemnification and other obligations detailed in Section 9 161 Page 8 of 9 related to Dakota Outdoors will be extend and apply to any other company contracted by HRDC to do the same or similar work. 18.Modification. Modifications to this MOU will only be made by mutual written consent of the Parties. #### End of Agreement Except for Signatures #### 162 Page 9 of 9 CITY OF BOZEMAN, MONTANA HUMAN RESOURCE DEVELOPMENT COUNCIL DISTRICT IX, INC. By________________________________ By_____________________________ Jeff Mihelich, City Manager Heather Grenier, President/CEO APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 163 Location Reference Roadway Junction Road Side Notes Mental Health (Walking Path) Ellis Street Haggerty Lane South The shelter is now on the wrong side of Ellis because of a change to the route. It shelter will be moved to the Library based higher use. Town Pump North 19th Avenue East Baxter Lane East Spring Run Apartments Oak Street 15th Avenue North Universal Athletics/Price Rite 7th Avenue Tamarack East Senior Center Tamarack Tracy Avenue South The Springs of Bozeman N 27th Avenue Catron East Bridger Peaks Parking Garage Mendenall Bozeman/Tracy On island at Transfer Station There are two shelters at this location. Post Office N 27th Avenue south of Baxter Lane West Staples - N 19th Gallatin Center (Parking Lot)East side of parking lot Shelter has been donated by the Rotary Club and is awaiting installation. Bozeman Public Library Main Street Public Library Entrance South Will be moving a shelter from Western Montana Mental Health Center to here because of higher use at the library. Arrowleaf/Perrenial Park Tscache Lane Sacco Drive north Will be installed as part of this development Boulevard Apartments Babcock St S Tracy north Strata development will be working with HRDC on installation Current Shelters Future Shelters 164 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Water Engineer Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign a Timber Sale Contract with DS Jr. Trucking Inc. for the Phase 1 Sourdough Fuels Reduction Project MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a timber sale contract with DS Jr. Trucking Inc. for the Phase 1 Sourdough Fuels Reduction Project. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:The City’s Sourdough Fuels Reduction Project is a component of the overall Bozeman Municipal Watershed Project – a cooperative effort between the City and U.S. Forest Service to reduce the severity and extent of wildfire in the Hyalite and Sourdough municipal watersheds. The City’s Sourdough efforts target various fuels reduction activities on 380 acres of City-owned land surrounding the Sourdough municipal water supply intake. This intake provides approximately 40% of the City’s municipal water supply. Phase 1 of the sourdough fuels project is comprised of commercial timber sale on a fuels treatment unit that is approximately 20 acres in size. A timber sale notice was publicly advertised by the City and bids were opened on June 2, 2021. One bid was received; that by DS Jr. Trucking Inc of Big Timber, Montana (Purchaser). The Purchaser is a member of the Montana Logging Association. The City’s consultant forester, Peck Forestry, Inc. has confirmed that the Purchaser has adequate equipment, experience, and personnel to complete the project according to terms of the attached Timber Sale Contract. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The timber sale contract will generate a marginal amount of revenue for the City. The total stumpage value of the contract is $1,325. The actual amount of revenue due the City is based on the actual weight, in tons, of timber removed from the sale area. 165 Attachments: Timber Sale Contract_Phase1 Sourdough Fuels Report compiled on: June 8, 2021 166 CITY OF BOZEMAN ‐ TIMBER SALE CONTRACT PHASE 1 SOURDOUGH FUELS REDUCTION PROJECT FOR STUMPAGE SOLD BY THE TON THIS CONTRACT IS MADE AND ENTERED INTO by and between the City of Bozeman, 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 P.O. Box 1230, Bozeman, MT 59771 (hereinafter referred to as “the City”) and DS Jr. Trucking, Inc., a corporation (hereinafter called Purchaser) having an office and principal place of business at the address of 189 Howie Rd, Big Timber, MT 59011. Purchaser’s bid on the timber described in this contract has been accepted by the City after having been estimated, appraised and advertised for sale as required by law. Therefore, in consideration of the mutual promises contained in this agreement, the City agrees to sell and the Purchaser agrees to purchase the designated timber located on the areas described in this Contract at the specified rates of payment and in strict conformity with the requirements, standards, specifications and conditions set forth in this Contract. -CONTENTS OF CONTRACT- Section Page Section Page I. II. III. TABLE 1 GENERAL TERMS CHARGES AND PAYMENTS MEASUREMENT AND LOG ACCOUNTABILITY 2 2 12 13 IV. V. VI. VII. VIII. CONTRACT VIOLATIONS AND PENALTIES FIRE PROTECTION RESOURCE PROTECTION LOGGING EXECUTION 15 18 19 22 29 -ATTACHMENTS- The following attachments are hereby made a part of this contract: ATTACHMENT A: Timber Sale Map ATTACHMENT B: Road Construction and Maintenance Specifications ATTACHMENT C: Forest Fire Regulations ATTACHMENT D: Working in Bear Habitat Brochure ATTACHMENT E: Temporary Road Use Permit ATTACHMENT F: Haul Route Map ATTACHMENT G: Non-Discrimination & Equal Pay Affirmation 1 Page 7 Pages 2 Pages 1 Page XX Pages 1 Page 1 Page 167 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 2 TABLE 1 ‐ LEGAL DESCRIPTION OF THE GROSS SALE AREA The timber designated for sale under this Contract is within the following sale area Subdivisions Section Twn Rge NE ¼ 18 3S 6E Total approximate acres in gross sale area: 20 acres Number of harvest units (Including Right‐of‐Way): 2 Total acres in harvest units (Including Right‐of‐Way): 20 acres TABLE 1 (continued) ‐ ESTIMATED SALE VOLUME The City does not guarantee the product weight, by species or in total, to equal the estimated advertised weight in quantity or product designation. Product Estimated Quantity (Tons) Sawlogs Other Material (specify) 1,300 tons 50 tons Total Estimated Volume 1,350 tons TABLE 1 (continued) ‐ PAYMENT RATES Payment Amount Requirements Performance Bond Amount: 20% of bid value See Section II.A.1‐3. Product Bid Rate Stumpage Rate per ton: Sawlogs $1.00/ton See Section II.B.1‐3. Other Material $0.50/ton I. GENERAL TERMS A. DEFINITION OF CONTRACT LANGUAGE: The following definitions apply to terms used in this Contract: 1. Administrator – City Manager or their designee, City of Bozeman 2. City – The City of Bozeman, its agents and employees. 3. Draw – A swale or drainageway that may not have perceptible or definite beds or banks. 4. Environmental Law – Includes, but is not limited to, the following laws and any regulations promulgated under these laws: the Comprehensive Environmental 168 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 3 Response, Compensation and Liability Act (“CERCLA”) (42 U.S.C. § 9601 et seq.), as amended; the Resource Conservation and Recovery Act (“RCRA”) (42 U.S.C. §§ 6901 – 6987), as amended; the Clean Air Act (42 U.S.C. § 7401, et seq.), as amended; the Safe Drinking Water Act (42 U.S.C. § 300f et seq.), as amended; the Clean Water Act (33 U.S.C. § 1401 et seq.), as amended; the Endangered Species Act (16 U.S.C. § 1531 et seq.), as amended; the Clean Air Act of Montana (Mont. Code Ann. § 75‐2‐101 et seq.), as amended; the Montana Water Quality Act (Mont. Code Ann. § 75‐5‐101 et seq.), as amended; the Montana Solid Waste Management Act (Mont. Code Ann. § 75‐10‐201 et seq.), as amended; the Montana Hazardous Waste Act (Mont. Code Ann. § 75‐10‐401 et seq.), as amended; the Montana Comprehensive Environmental Cleanup and Responsibility Act (Mont. Code Ann. § 75‐10‐701 et seq.) as amended; and the Montana Underground Storage Tank Act (Mont. Code Ann. § 75‐11‐501 et seq.) as amended; the Montana Natural Streambed and Land Preservation Act (Mont. Code Ann. § 75‐7‐101 et seq.), as amended. 5. Forest Officer – The City agent with the contracted duty of contract administration for this timber sale Contract. Except as otherwise expressly stated in the Contract, the Forest Officer is not authorized to modify the Contract on behalf of the City. The City’s contracted Forest Officer for this Contract is Gary Peck of Peck Forestry, Inc; peckgs@gmail.com, 406‐581‐2815; P.O. Box 238, Bozeman, MT 59771. 6. Hazardous or deleterious substance – Means a substance that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may pose an imminent and substantial threat to public health, safety, or welfare or the environment, and is: a. A substance that is defined as a hazardous substance by section 101(14) of CERCLA, 42 U.S.C. § 9601(14), as amended. b. A substance identified by the administrator of the United States Environmental Protection Agency as a hazardous substance pursuant to section 102 of CERCLA, 42 U.S.C. § 9602, as amended. c. A substance that is defined as a hazardous waste pursuant to section 1004(5) of RCRA, 42 U.S.C. § 6903(5), as amended, including a substance listed or identified in 40 CFR 261. d. Any petroleum product. 7. Operating period – The annual time period during which field activities (logging, hauling, construction, etc.) may be conducted. 8. Paid or payment – Except as otherwise expressly stated in the Contract, full remuneration by either cash, money order or certified check. 9. Purchaser – The signatory party to this Contract other than the Administrator. Purchaser is also defined to include employees and agents of the Purchaser authorized to conduct activities as required for execution of the timber sale Contract. As an independent 169 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 4 contractor, neither the Purchaser, its employees or agents are considered employees of the City of Bozeman pursuant to work performed under this Contract. 10. Sawlog – A green or dead log as further defined under Section VII.C. 11. Stream – A stream is a natural watercourse of perceptible extent that has a sandy or rocky bottom or definite banks and confines and conducts continuously or intermittently flowing water. 12. Stumpage – The rate paid in dollars per ton as specified in Table 1 for Sawlogs and/or Other Material. 13. Supervisor – A person designated by the Purchaser in charge of operations on site at the sale area at all times when construction or harvesting operations are in progress. The Supervisor has authorization to receive notices from the Forest Officer and take appropriate action with regard to breach and/or violations of the terms of the contract. B. REMOVAL OF TIMBER AND TITLE TRANSFER: 1. Provided the Purchaser has paid for timber as required in Section II.B.1, ADVANCE STUMPAGE PAYMENT, the Purchaser has the right to cut and remove timber from the sale area provided all Contract requirements related to the commencement of operations have been met. 2. Title to all timber included in this contract shall be retained by the City until: a. The timber has been paid for; b. The timber has been measured, as described in Section III.A. MEASUREMENT AND LOG ACCOUNTABILITY; and c. The timber has been properly marked and ticketed as described in Section III.C & E. MEASUREMENT AND LOG ACCOUNTABILITY, and removed from the gross sale area. 3. Title to timber remaining on the gross sale area at termination of the Contract shall remain with the City of Bozeman. 4. As documented in this Contract, or otherwise agreed to, all roads and other improvements become the property of the owner of the land on which they sit, be it the City or a private landowner who has granted temporary access to the City to effectuate this Contract, as they are constructed. C. TERM OF CONTRACT: This Contract is effective upon approval and execution by the City Manager with Consent of the City Commission and shall terminate on the September 30, 2021 unless terminated sooner for successful completion or for gross or persistent breach and/or failure to promptly and properly remedy Contract violations of the Contract terms pursuant to Section IV. B, TERMINATION. 170 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 5 D. PRE‐OPERATIONS MEETING: No activity may occur on the sale area until a pre‐operations meeting is conducted between the Purchaser, the City, and the Forest Officer. The Purchaser shall notify the Forest Officer at least seven (7) days prior to the start of operations to schedule the pre‐operations meeting. The Forest Officer will specify to the Purchaser what information the Purchaser must provide to the City at the pre‐operations meeting. E. CONTRACT TERM EXTENSION: 1. Extensions to this Contract shall be of last resort. Purchaser acknowledges a portion of the City’s funding for this Contract is grant related subject to an expiration date of December 31, 2021. Purchaser further acknowledges that initiation of Phase 2 of the Sourdough Fuels Reduction Project requires this Contract first be brought to term. In the event that Purchaser’s operations are delayed and Purchaser is not able to complete the requirements of this Contract prior to the termination date, the City may grant an extension of the term of this Contract. An extension will be considered by the City under only the following circumstances: a. The City determines an extension is in its best interests; b. Purchaser applies for the extension in writing at least 30 days prior to the termination date and Purchaser has provided the City with written notice from the surety that the performance bond on this contract has been extended for a period commensurate with the requested contract extension; c. The City notifies the Purchaser that an extension is required; d. Purchaser has made a good faith effort to complete the sale; and e. The extension request is not based on poor log and/or market conditions. 2. If the Contract term extension is granted, Purchaser shall conduct continuous operations through the operating periods and/or resume operations at the start of the next operating period until the requirements of this Contract are completed. No extension shall be granted for a period longer than three (3) months after the termination date as provided herein unless a longer extension is determined to be in the City’s best interest. 3. If the extension is requested and granted because of delays resulting from matters within Purchaser’s control, the following will apply: a. Purchaser shall pay an extension fee of $500.00. b. No de‐escalation will occur from the time the extension is granted by the Administrator, as documented in a signed modification, through the remainder of the Contract. 171 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 6 4. An extension may be granted to the Purchaser without penalty if the City prohibits logging activity for more than 2 weeks during the operating period described in this Contract. 5. All conditions of this Contract shall remain in full force and effect during any period of extension, unless those conditions are amended by the terms of the extension. 6. In the event the Contract terminates pursuant to Section I.C, TERM OF CONTRACT due to expiration of the time within which its performance shall have been completed, and the City has not granted an extension, the Purchaser shall immediately cease all operations within the Gross Sale Area as shown in Table 1. Operations beyond the contract termination date for which the City has not granted an extension will be treated as trespass. G. LIABILITY FOR LOSS: The Purchaser is responsible for loss, degradation, or damage to timber while the timber is in its custody, including but not limited to, timber which has been felled, skidded or decked and/or timber which has been lost, damaged or stolen after removal from the sale area but before scaling or weight is recorded. H. SUPERVISION: When construction or harvesting operations are in progress, the Purchaser shall have exclusive control over the way the Contract is executed if, as determined by the Administrator, the Purchaser has and is complying with all terms and conditions provided herein. Purchaser is required to have a supervisor(s) in charge of operations on the sale area at all times. Such supervisor(s) shall have authorization to receive notices from the Forest Officer and take appropriate action with regard to breach and/or violations of the terms and conditions of the Contract. I. COMPLAINTS: 1. Complaints by the Purchaser concerning any action or decision of a Forest Officer, including suspension orders, must be made in writing to the Administrator postmarked within 10 days of the disputed action or decision. In the interim, Purchaser must comply with the directions of the Forest Officer. 2. Upon receipt of a complaint, the Administrator, or a designated representative, shall promptly hold an informal conference with the Purchaser and the Forest Officer to review the disputed action. The Purchaser shall be given adequate notice of the conference and shall be given the opportunity to present evidence and an argument to rebut the reasons given by the Forest Officer for the disputed action. After review, the Administrator shall notify the Purchaser in writing of his decision. The decision of the Administrator is final on behalf of the City, except regarding termination of the contract. J. ASSIGNMENT: This Contract shall not be assigned in whole or in part unless approved in writing by the Administrator. K. MODIFICATIONS: 172 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 7 1. This Contract, together with the attachments listed herein, contains the entire agreement of the parties and no statements, promises or inducements made by either party, or agents of either party, that are not contained in such written Contract shall be valid or binding. This Contract, except as described in Section I.K.2 below, cannot be enlarged, modified or altered except upon written agreement signed by all parties to this contract. Only the Administrator, his successor, his designated representative, or the City Manager, is authorized to enter into such modification on behalf of the City. 2. To protect cultural or natural resources the City may modify provisions of the Contract without prior agreement by the Purchaser. If such modifications occur the City will provide equitable compensation to the Purchaser for those modifications. L. NONDISCRIMINATION AND EQUAL PAY: The Purchaser agrees that all hiring by Purchaser of persons performing this Contract shall be on the basis of merit and qualifications. The Purchaser will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti‐discrimination laws, regulations, and contracts. The Purchaser 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 Purchaser 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. The Purchaser represents it is, and for the term of this Contract 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). The Purchaser must report to the City any violations of the Montana Equal Pay Act that the Purchaser has been found guilty of within 60 days of such finding for violations occurring during the term of this Contract. The Purchaser shall require these nondiscrimination terms of its subcontractors providing services under this Contract. M. LIABILITY INSURANCE: 1. Prior to the execution of this Contract, the Purchaser or their agents shall obtain, carry and keep in good standing for the remainder of the contract period, with any extensions: a. Comprehensive general liability insurance coverage to the limit of $1,000,000.00 per occurrence and $2,000,000.00 per aggregate. The general liability insurance coverage must include a logging and lumbering endorsement (Logger’s Board Form). Employers’ Liability Insurance coverage to the limit of $1,000,000.00 per occurrence and $2,000,000.00 per aggregate. 173 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 8 b. Automobile Liability Insurance: The Purchaser shall purchase and maintain coverage to the limit of $1,000,000 property damage/bodily injury per occurrence to cover such claims as may be caused by any act, omission, or negligence of the Purchaser or its officers, agents, representatives, assigns, or subcontractors. The above amounts shall be exclusive of defense costs. 2. The City and Forest Officer shall be endorsed as additional or named insureds on a primary non‐contributory basis on both the Commercial General and Automobile Liability policies. 3. In lieu of such coverage, the Purchaser may provide proof of self‐insurance in at least an amount equal to that provided above. 4. All the policies of insurance required to be purchased and maintained under this Contract shall contain a provision or endorsement that the coverage afforded will not be canceled, or renewal refused, until at least 30 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each additional or named insured. 5. At least 14 days prior to the commencement of any work to be performed under this contract, Purchaser shall deliver to the City a certificate of insurance from the insurer(s) of the Purchaser or their agents certifying that coverage in at least the amounts stated above is in force. Such certificate shall be submitted to the City for approval of the insurer(s), the amount, and the form. The City reserves the right to require a certified copy of any such policy or to examine the policy itself. 6. A self‐insured Purchaser shall provide an equivalent certificate of insurance subject to the approval of the City. 7. It is further understood and agreed that this Contract shall terminate immediately in the event that the mandatory liability insurance coverage required under this part is for any reason not obtained or is discontinued. N. WORKERS’ COMPENSATION INSURANCE: 1. Prior to the commencement of any work under this Contract, Purchaser shall provide written verification to the Administrator that all individuals who are to be engaged in work under this Contract, including but not limited to employees, agents or independent contractors of the Purchaser or of its subcontractors, are either insured for workers’ compensation coverage or are exempted from such coverage as certified independent contractors pursuant to § 39‐71‐401 MCA. 2. It is expressly understood and agreed that no such individual may engage in work in furtherance of this Contract at any time during its period unless either insured for workers’ compensation coverage or exempted from such coverage as indicated above. 174 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 9 3. It is understood and agreed that this Contract shall terminate immediately if workers’ compensation coverage or exemptions required under this part is discontinued for any individuals engaged in work under this Contract. O. SAFETY: The Purchaser, employees, subcontractors and their employees shall conduct their activities in a safe and workmanlike manner, shall cooperate in making it possible for the Forest Officer to safely, efficiently, and economically perform his, her or its administrative duties, and shall comply with federal and State safety standards for logging operations as established by the United States Department of Labor, Occupational Safety and Health Administration (OSHA; 29 Code of Federal Regulations 1910 and any other such applicable regulations promulgated by OSHA) and as required by Title 50, Chapter 71 of the Montana Code Annotated, and any regulations promulgated to implement the statutes found in that Title and Chapter of the Montana Code Annotated. The Purchaser, and not the City or Forest Officer, is responsible for instituting and maintaining all precautions, procedures and programs for the safety of all persons on the project site, and the City and Forest Officer hereby disclaims any and all responsibility for injuries or accidents occurring at the site. P. SAWMILLS PROHIBITED: No sawmills shall be allowed to operate on the gross sale area. Q. LOG CHIPPERS OR GRINDERS: No log chippers or grinders shall be allowed to operate on the gross sale area unless written approval to do so is granted by the Forest Officer. In order for approval to be granted, the Purchaser shall identify a method acceptable to the City for the measurement of all wood to be ground or chipped. If the Purchaser intends to operate a log chipper outside of the gross sale area, provisions must be made for obtaining certified weights of either the material removed from the sale or of the resultant products. R. SALE DELAYED OR PRECLUDED BY JUDICIAL ACTION OR GOVERNMENT REGULATORY ACTION: 1. In the event judicial action, change in applicable law, or implementation of government regulatory action renders proceeding with this contract unlawful, the City will suspend or terminate the Contract in whole or in part. Upon notice of such suspension or termination, Purchaser shall immediately cease all or any portion of such operations under the Contract as directed by the City. If a court of competent jurisdiction has entered a final judgment rendering further proceeding with this Contract unlawful, or government regulatory action takes effect, the City may terminate the Contract or, at the City’s option, suspend the Contract in whole or in part, pending appeal of the court’s final judgment. If the Contract is suspended, the City shall not be liable to the Purchaser for damages or losses resulting from the delay. In the event the Contract is terminated due to judicial action, a change in law, or government regulations, the City shall be liable to Purchaser only as follows: a. The City shall refund any portion of advance stumpage payments or down payments not needed to compensate the City for timber removed. 175 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 10 b. The City shall release any portion of the performance bond not needed to compensate the City for timber removed or other losses suffered by the City due to breach of contract by the Purchaser. c. The City shall reimburse the Purchaser for the portion of reasonable costs of constructing or improving roads or of installing other facilities on City lands and approved adjacent private property pursuant to this Contract that the Purchaser has not been able to use for removing timber. The Purchaser shall provide documentation requested by the City of the Purchaser’s actual costs of constructing or improving such roads or installing other improvements. S. VENUE AND CHOICE OF LAW: In the event of litigation concerning this agreement, venue shall be in the Sixteenth Judicial District, Gallatin County, Montana, and this agreement shall be governed by the laws of the State of Montana both as to interpretation and performance. T. AUTHORIZATION TO ENTER: The Purchaser is authorized to enter the sale area only for purposes related to the performance of this Contract or for preparing its bid. Further, the Purchaser is responsible for securing any and all gates nightly as required by the Forest Officer. U. USE BY OTHERS: The City reserves the right to issue timber permits or other permits on the sale area for forest products not included in this Contract or for other uses not in conflict with this Contract. The City also reserves the right to permit other persons to cross the sale area to gain access to other lands for fire suppression or for other purposes. Where the Purchaser improves or reconstructs an existing road, the use thereafter by the Purchaser shall accommodate safe use by others. V. OTHER OPERATIONS BY THE CITY: The City reserves the right to at any time conduct within the gross sale area forest management operations including, but not limited to, slash piling, burning, handwork, broadcast burning, mop‐up, patrolling, thinning and tree planting during the term of this Contract. W. INDEMNITY AND LIABILITY: 1. The Purchaser agrees to indemnify the City, its officials, agents, representatives and employees, while acting within the scope of their duties and hold the City harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense, arising in favor of the Purchaser’s employees or third parties on account of bodily or personal injuries, death or damage to property arising out of services performed, goods or rights to intellectual property provided or omissions of services or in any way resulting from the acts or omission of the Purchaser and/or its agents, employees, subcontractors or its representatives while engaged in work under this Purchaser, all to the extent of the Purchaser’s negligence. 2. For other than professional services rendered, to the fullest extent permitted by law, Purchaser agrees to release, defend, indemnify, and hold harmless the City, its agents, 176 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 11 representatives, employees, and officers 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 Purchaser; or (ii) any negligent, reckless, or intentional misconduct of any of the Purchaser’s agents. 3. Purchaser 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 Contract 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. 4. Purchaser shall be responsible for, indemnify, defend and hold the City harmless from and against any loss, cost (including, without limitation, reasonable legal, accounting, consulting, engineering and similar expenses), damage, claim, fine or liability, including the necessity for tests, inspections or other work, and any damage, claim, fine or liability arising as a result of such tests, inspections or other work, the City must perform: a. Based upon an actual or alleged violation by the Purchaser of, or failure by the Purchaser to comply with, any Environmental Law during the term of this Contract; b. Arising from the discharge, release, threatened release, handling, storage, treatment, deposit or disposal of any Hazardous or Deleterious Substances caused or exacerbated by the activities of the Purchaser on or in the gross sale area during the term of this Contract; or c. Otherwise arising out of or in connection with any environmental condition or action caused or created by the Purchaser. 5. Should the City be required to bring an action against the Purchaser to assert its right to defense or indemnification under this Contract or under the Purchaser’s applicable insurance policies, 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 Purchaser 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 Contract, the City may elect to represent itself and incur all costs and expenses of suit. 6. The indemnification obligations of SECTION W 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). Purchaser’s indemnity under SECTION W shall be without regard to and without any right to contribution from any 177 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 12 insurance maintained by City. These obligations shall survive termination of this Contract and the services performed hereunder. X. OTHER LAWS AND REGULATIONS: This Contract is subject to all applicable federal, state, county, and municipal laws, ordinances, and regulations in effect at the date of this Contract or which may, from time to time, be adopted, and which do not impair the obligations of this Contract and which do not deprive the Purchaser of an existing property right recognized by law. A violation by the Purchaser of any federal, state, county, and/or municipal laws, ordinances and/or regulations while conducting operations under the terms of this Contract, shall, in the discretion of the City, constitute sufficient reason for the suspension or termination of this Contract. If any part of the lands or premises under this Contract are used or allowed or permitted to be used for any purpose contrary to the laws of this state or the United States, such unlawful use shall, in the discretion of the City, constitute sufficient reason for the suspension or termination of this Contract. Y. FORCE MAJEURE: Neither party shall be responsible for failure to fulfill its obligations due to causes beyond its reasonable control, including without limitation, acts or omissions of government or military authority, acts of God, materials shortages, transportation delays, fires, floods, labor disturbances, riots, wars, terrorist acts, or any other causes, directly or indirectly beyond the reasonable control of the nonperforming party, so long as such party is using its best efforts to remedy such failure or delays. Force majeure will not relieve the Purchaser from liability for damage or otherwise excuse performance of this Contract should the Purchaser cause a fire for which they would be liable under § 50‐63‐103, MCA. II. CHARGES AND PAYMENTS A. PERFORMANCE BOND: 1. As a guarantee of the faithful performance of this Contract, Purchaser shall furnish a bond, with sufficient sureties, to the City in an amount equal to the potential loss to the City in the event of Purchaser’s breach or default under the terms of this Contract as determined by the Administrator (§ 77‐5‐202 (a), MCA). The performance bond may be in cash, bond, irrevocable letter of credit, or certificate of deposit with sufficient sureties. A letter of credit must be automatically renewable without amendment for the term of the Contract. The performance bond the Purchaser must submit for this Contract is shown in Table 1. 2. Upon full performance of the terms of the Contract, the City shall release the performance bond. 3. Upon substantial performance of the terms of the Contract, the Administrator may release a portion of the performance bond not needed to compensate the City for any remaining timber to be removed or any other losses that may be suffered by the City due to breach of Contract by the Purchaser. The bond shall not be reduced to less than five percent (5%) of the estimated value of the timber sold. 178 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 13 B. PAYMENTS: The Purchaser agrees to make payments to the City of Bozeman as follows: 1. ADVANCE STUMPAGE PAYMENTS: The Purchaser is required to pay for all timber in advance of cutting at the rates shown in Table 1. Advance stumpage payments will be held by the City to cover the Purchaser’s estimated timber cutting for at least six (6) weeks of operations in an amount approved by the Forest Officer. Advance stumpage payments may be reduced just before completion of the sale or when cutting requirements are to be suspended for at least 3 months as approved by the Forest Officer. Advance stumpage payments may be in cash, bond, irrevocable letter of credit, or certificate of deposit with sufficient sureties. 2. INITIAL ADVANCE STUMPAGE PAYMENT: The initial advance payment will be made by the Purchaser in an amount approved by the Forest Officer prior to the start of timber cutting operations. 3. PAYMENT SCHEDULE: Payments in full for individual invoices will be made by the Purchaser as called for by the Administrator upon a recommendation by the Forest Officer; in no event will payments be made by the Purchaser more than 14 days from the date of billing. C. ROAD CONSTRUCTION, USE AND MAINTENANCE PAYMENTS: 1. Purchaser shall construct and improve the road that is the subject of the Temporary Road Permit Agreement provided in Attachment E to the construction standard contained in Attachment B and at the direction of the Forest Officer. During the term of this Contract, Purchaser shall be solely responsible to maintain the road. At the termination of this Contract, the road will left in a condition meeting the terms of the Temporary Road Permit Agreement. 2. ALTERNATE HAUL ROUTES: The Purchaser is authorized by the City to use the haul routes designated and depicted on Attachment F this Contract. If the Purchaser desires to use an alternate haul route, that haul route must be approved by the City prior to its use. Road use charges, maintenance requirements and payments may be required by the City to reflect the alternate haul route used by the Purchaser. The Purchaser is responsible for obtaining any right‐of‐way required for an alternate haul route and for meeting all requirements of any agreements associated with that right‐of‐way. Proof of any such agreement must be provided to the City prior to use. Stumpage fees are not subject to a downward adjustment under this clause. III. MEASUREMENT AND LOG ACCOUNTABILITY A. PRODUCT MEASUREMENT: 1. The City will determine the value of products removed from the sale based on the total net weight of material hauled. Weight tickets will be used to obtain the total value. 179 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 14 2. When mixed products with different payment rates per ton are hauled on one load, the entire load will be charged at the rate of the product with the highest value contained in the load. 3. Upon request by the City, the most recent load delivered to a receiving mill must be made available for inspection by the City or the Forest Officer. The weight ticket identifying the load must remain affixed to the load. B. WEIGHT TICKETS: The Purchaser is required to furnish weight tickets to the City as agreed to by the Forest Officer and the Purchaser. 1. All weight tickets shall be mailed or delivered with corresponding load tickets, as outlined below, directly to the Forest Officer, Gary Peck, at P.O. Box 238, Bozeman, MT 59771. This requirement may be waived or changed by the Forest Officer. 2. Weight tickets shall show gross, tare and net weights and the corresponding load ticket number of each product load. All weight tickets must have mechanically stamped weights for the gross and tare weights unless otherwise permitted in writing by the Forest Officer. Proof of calibration for scales used to produce weight tickets shall be provided as directed by the Forest Officer. Weight tickets will be mailed or delivered to the Forest Officer at the foregoing address on a bi‐weekly basis or as otherwise agreed to by the Forest Officer. A weight ticket will be considered as missing if not furnished within 4 weeks of the load delivery date. Failure to comply with this provision is a Contract violation. 3. Truck ticket information may be scanned and emailed to the Forest Officer electronically if all required ticket information is provided. Tickets submitted in this format must be emailed to: peckgs@gmail.com with a cc to bheaston@bozeman.net. The information must be provided to the Forest Officer on a bi‐weekly basis prior to the tenth (10th) and twenty‐fourth (24th) of each month. The paper copy of the weight tickets must also continue to be provided to the Forest Officer. The requirement to supply the paper copy of the weight tickets may be waived by the Administrator. C. LOAD TICKETS: The Purchaser will be issued load ticket books with consecutively numbered tickets for uniquely identifying truckloads of logs. A load ticket shall be attached to the driver’s side bunk log of each product load prior to hauling, with the Scaler’s copy given to the Forest Officer from the delivery point. The Purchaser shall complete each ticket with the sale information required by the City. The Purchaser shall provide to the Forest Officer a complete list of destinations to which loads will be delivered. The Forest Officer, at its discretion, may require a separate ticket book for each destination. Failure to comply with this provision is a Contract violation. D. SORTING OF PRODUCTS: The Forest Officer may require separate ticket books for any loads sorted by the Purchaser by size or species or by specific products intended for different delivery points. Load tickets designated for a specific product must only be used for that specific product. When a load ticket is used with an incorrect product it is a Contract violation. 180 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 15 E. LOAD MARKING: The Purchaser is required to mark all loads of logs before removal from the loading area to assist in identification while in transit or at the point of delivery. Marking shall be accomplished by painting “BZN” in blue paint and the last three digits of the truck load ticket number on log ends of at least three logs on each load, both front and back. The driver’s side bunk log shall be one of the marked logs. Failure to comply with this provision is a Contract violation. F. PROMPT DELIVERY: The Purchaser will deliver loads from the timber sale area to a receiving log yard directly without diversion. “Over‐nighting” loads during transit are expressly forbidden unless approved by Forest Officer prior to hauling. Failure to comply with this provision is a Contract violation. G. SCALE RULE: 1. Any sawlogs scaled by the City shall be scaled using the Scribner Decimal “C” log rule. Log scaling will follow the procedures listed in the National Forest Log Scaling Handbook (FSH 2409.11) excluding Region 1 supplements. 2. In cases where conversion is required, a conversion factor of 6.2 tons per thousand board feet will be used for sawlogs. IV. CONTRACT VIOLATIONS AND PENALTIES A. SUSPENSION: 1. FAILURE TO PAY ADVANCE STUMPAGE: If Purchaser fails to submit advance stumpage payments in the amount approved by the Forest Officer pursuant to the terms of this Contract within 30 days of the request for such payments, all operations covered by this Contract shall immediately cease upon written or oral order from the Forest Officer until all required advance stumpage payments, or guarantee of payment satisfactory to the City, have been made. The cutting and removal of timber may resume only upon receipt of written notice to the Purchaser from the City that acknowledges adequate payment or guarantee. 2. LOSS OF BOND: If the surety bond or other bond securing performance of this Contract is canceled or otherwise becomes ineffective, operations covered by this Contract shall immediately cease upon written or oral order from the Forest Officer to the Purchaser. Cutting and removal of timber may resume only upon receipt of written notice from the City that acknowledges adequate bond. 3. OTHER CONTRACT VIOLATIONS: a. Should the Forest Officer observe a condition that violates the terms of this Contract, the Forest Officer may verbally notify the Purchaser or its employees or subcontractors of such condition and immediately suspend all or part of the operations in the sale area to prevent harm to the interests of the City or the public. 181 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 16 Should the Purchaser or its employees or subcontractors fail to comply with any verbal suspension order, the Administrator may terminate the Contract pursuant to Section IV. B. Termination. The Forest Officer may rescind his/her verbal suspension order upon satisfactory cure of the Purchaser’s violation and operations may resume. b. Suspension orders may be given in writing or verbally to the Purchaser, or to his, her or its employees or subcontractors. Once given, the Purchaser, and his, her or its employees or subcontractors shall immediately comply with such order of suspension and failure to do so shall constitute grounds for termination of this Contract. Suspension orders are reviewable under the provisions described in Section I.I. COMPLAINTS. c. The Administrator may issue a written notice of suspension depending upon the severity of the violation and Purchaser’s ability to cure. Such notice shall contain information regarding: 1. The breach observed and harm anticipated; 2. The contract provisions violated; 3. If possible, the measures required to cure the violation and allow operations to resume; and 4. The deadline within which the Purchaser must cure the violation. Should the Purchaser fail to cure the violation as required, or to obtain a written variance from the Administrator, the Administrator may charge the Purchaser a $250 per day penalty for every day that the violation persists. Operations may resume only upon written notice from the Administrator. If satisfactory measures or remedies cannot be found to cure the violation, the Administrator may immediately terminate the Contract pursuant to Section IV.B. TERMINATION. B. TERMINATION: 1. Gross or persistent Contract violations and/or failure to promptly and properly remedy contract violations by the Purchaser pursuant to the terms of this Contract shall be grounds for termination of the Contract by the City. 2. If this Contract is terminated by the City, the Administrator shall immediately notify the Purchaser of the termination and the reasons for it by certified mail. Such notice shall describe in what respects the Contract has been breached, the means, if any, by which the breach can be remedied and the consequences of such termination. The Contract shall be terminated 18 days from the date the notice is mailed to the Purchaser at the address stated in this Contract. 3. Upon receipt of the notice of termination the Purchaser shall immediately cease all operations pursuant to and permitted by the Contract until the termination is resolved as provided pursuant to this Section of the Contract, Section IV.B. TERMINATION. 4. The Purchaser has 18 days after mailing of the notice of termination within which to file with the Administrator and City Attorney, a notice of appeal for a hearing before the City Commission. If a timely notice of appeal is filed, the Contract remains in effect until the decision of theCity Commission, but any suspension order shall remain in effect in 182 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 17 the interim. The City Commission shall conduct a public hearing to determine whether the Contract should be reinstated. 5. If the Contract is reinstated the Purchaser will not be penalized for any delays that resulted from the appeal. C. LIABILITY FOR DAMAGES: 1. The Purchaser shall be liable for any damages sustained by the City arising from Purchaser’s breach of the terms of this Contract and the City may cause all or part of the performance bond to be forfeited to recover such damages. 2. In the event that a portion of the timber sale under this Contract is resold as a result of the Purchaser’s forfeiture and the stumpage rate pursuant to the resold contract is lower than the stumpage rate provided herein, the difference between the original rate and the new rate shall be considered damages and the Purchaser shall be liable to the City for those damages. The City may cause all or part of the Purchaser’s performance bond to be forfeited to recover such damages. D. CITY’S OPTION TO COMPLETE CONTRACT REQUIREMENTS: If the Purchaser fails to complete the requirements described in this Contract in a timely manner or if the Contract is terminated pursuant to Section IV.B. TERMINATION, the City reserves the right to complete the work itself or through a contractor. The Purchaser will be billed for any additional costs incurred by the City due to the Purchaser’s failure to perform the requirements of this Contract. These additional costs may include City employee time and expenses that were extraordinary to the normal administration of the Contract, such as time and expenses incurred to hire a replacement contractor. Purchaser’s failure to make payment within 14 days from the date of billing may cause all or part of the performance bond to be forfeited to recover such costs. E. WAIVER OF PENALTIES: The penalties specified in this section shall be regarded as liquidated damages and may be waived or reduced at the discretion of the Administrator in exceptional cases. F. FOREST PRACTICES LAWS: The Purchaser shall conduct logging operations in compliance with all laws relating to forest practices in the State of Montana. The Purchaser shall be responsible for all reclamation and penalties that result from violations of applicable forest practices laws. G. MEASUREMENT AND LOG ACCOUNTABILITY VIOLATIONS: 1. MISSING LOAD TICKETS: The Purchaser will be charged up to $500.00 for each unused load ticket that the Purchaser has lost or misplaced while in his, her or its possession. An unused ticket is defined as a ticket that is not turned into the Forest Officer with an associated truckload weight. 183 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 18 2. FAILURE TO ATTACH OR COMPLETE LOAD TICKET: The Purchaser may be charged $500.00 per load for failure to attach a load ticket to each product load prior to hauling, or for failure to complete the load ticket with all required information. 3. MISSING WEIGHT TICKETS: a. The Purchaser will be charged up to triple the Contract stumpage rate for each truck weight ticket not furnished to the City. b. The Forest Officer will notify the Purchaser of each missing weight ticket. c. The load weight will be determined by averaging weights from other loads hauled by the Purchaser to the same mill within the same billing period, or 30 tons for single loads and 38 tons for loads with a pup trailer attached. d. For Other Material, as defined by this Contract, the minimum stumpage for purposes of penalty shall be $10.00 per ton or the Contract stumpage rate multiplied by 3, whichever is higher. 4. IMPROPERLY LABELED PRODUCT: The Purchaser may be charged $500.00 per load for loads with an incorrect load ticket for the product (Sawlog or Other Material) in the load as determined by the Forest Officer. In addition, the stumpage paid for an improperly ticketed load shall be at the highest Contract stumpage rate for products hauled pursuant to this Contract. 5. IMPROPERLY MARKED LOADS: The Purchaser may be charged $40.00 per load for each load not marked in accordance with Section III.E. LOAD MARKING as determined by the Forest Officer. H. RESOURE PROTECTION VIOLATIONS: 1. The Purchaser may be charged five hundred dollars ($500.00) per piece of equipment determined to have entered sale area without Forest Officer inspection in accordance with VI.K. NOXIOUS WEED MANAGMENT. This charge does not relieve the Purchaser from requirement VI.K. NOXIOUS WEED MANAGEMENT. I. FAILURE TO MEET COMPLETION DATES: The Purchaser may be charged $100.00 for each complete calendar day the Purchaser fails to meet the deadlines shown in Table 3. J. LATE PAYMENTS: The Purchaser may be charged $100.00 per day beginning the 15th day after the billing date for failure to pay for forest products, pursuant to Section II.B PAYMENTS. V. FIRE PROTECTION A. FIRE REGULATIONS: The Purchaser is required to conduct all operations in accordance with the Montana Forest Fire Regulations, Attachment C. 184 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 19 B. FIRE PREVENTION: During the time that this Contract remains in force, the Purchaser shall, to the greatest extent practicable, prevent forest fires on the area described in this Contract and in its vicinity, and shall require all employees, contractors and employees of contractors to do likewise. C. FIRE COSTS: The costs borne by the City for suppressing fires that are intentionally lit by the Purchaser or that are caused by negligence or fault in the Purchaser’s operations shall be paid by the Purchaser to the City. The Purchaser shall also be liable for property and resource damage resulting from these fires. D. FIRE REPORTING: Any wildfires, which the Purchaser detects or suppresses, must be reported as soon as possible to the responsible fire protection agency and the City. E. SUSPENSION OF OPERATIONS: When fire danger reaches extreme levels the Forest Officer may suspend operations until fire conditions in and/or around the sale area improve. The City may grant a contract extension to compensate for the time suspended. H. CONTACT INFORMATION: The Purchaser will provide the Forest Officer with phone numbers of the Purchaser and their employees and contractors when logging operations are in progress (including nights and weekends), in order to establish contact at any time if a wildfire occurs within the sale area or on other lands accessed by road systems associated with the sale. VI. RESOURCE PROTECTION A. DAMAGE PREVENTION: The Purchaser shall use reasonable skill and care in all operations to prevent damage to soils, trails, meadows, stream banks, stream channels, wetlands, lakeshores or other natural features of the sale area. B. STREAM PROTECTION: 1. Construction and logging equipment will not be operated in Streamside Management Zones. An exception may be provided for through this Contract or the Forest Officer may grant written permission. Additional protection measures may be required in Section VII.G, SPECIAL OPERATING REQUIREMENTS and in Contract Attachments. 2. The Purchaser shall notify the Forest Officer immediately if debris from logging or construction enters a stream or stream channel. 3. The Purchaser shall remove any debris resulting from logging or construction operations, which may affect the natural flow of any streams traversing the sale area. This work will be completed in a manner that causes the least disturbance to the streams, as directed by the Forest Officer. 4. Logs shall not be hauled, skidded or yarded across streams unless the logs are fully suspended, or otherwise yarded as specified in this Contract. The Forest Officer must approve all logging and construction plans, including changes, before implementation. 185 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 20 5. All operations shall be conducted in a manner to comply with Montana Water Quality Standards, the Streamside Management Zone Law, and all applicable permits. C. CULTURAL RESOURCES: If a cultural resource is discovered, the Purchaser shall immediately suspend all operations in the vicinity of the cultural resource and notify the Forest Officer. Operations may only resume if authorized by the Forest Officer. Cultural resources identified and protected elsewhere in this contract are exempted from this clause. Cultural resources, once discovered or identified, are not to be disturbed by the Purchaser, or his, her or its employees and/or subcontractors. D. DISCOVERY OF THREATENED AND ENDANGERED SPECIES: 1. If a specific habitat feature for a federally listed threatened or endangered species is encountered, the Purchaser shall suspend all operations in the vicinity of the observation or discovery and immediately notify the Forest Officer. Operations may resume only if authorized by the Forest Officer. Habitat features identified and protected elsewhere in this contract are exempted from this clause. 2. If a federally listed threatened or endangered species is encountered, the Purchaser shall immediately notify the Forest Officer. The Purchaser may be required to suspend operations in the vicinity of the observation or discovery. If suspended, operations may resume only if authorized by the Forest Officer. E. SANITATION: The Purchaser’s operations, as described by this contract, shall comply with all applicable State laws, rules and regulations concerning sanitation in operations. Refuse resulting from the Purchaser’s activities, including the use, servicing, repair, or abandonment of equipment, shall be removed or otherwise disposed of in a manner that complies with all State laws and meets the approval of the Forest Officer. The Purchaser shall not service tractors, trucks and similar pieces of equipment on lands that directly drain into or are within 100 feet of lakes, streams or recreational facilities. No logging camp will be located on the gross sale area without prior approval by the Forest Officer. F. HAZARDOUS SUBSTANCES: In addition to the indemnification provided in Section I.W. INDEMNITY AND LIABILITY, with respect to Hazardous Substances, the following duties shall apply: 1. The Purchaser shall know and comply with regulations governing the storage, handling, application, disposal, and reporting of pesticides, herbicides, containers, biological waste, petroleum products, dust abatement compounds, and other hazardous substances. The Purchaser shall obtain the approval of the Forest Officer to store, handle, apply or dispose of these substances on City land. 2. The Purchaser shall not transport, handle, store, load, apply, or dispose of any hazardous substance in such a manner as to pollute water supplies or waterways, or cause damage or injury to people, land, desirable plants, and animals. G. PROTECTION OF IMPROVEMENTS: The Purchaser shall to the greatest extent practicable protect from damage all gates, signs, telephone lines, power lines, fences, irrigation ditches, 186 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 21 cattle guards, drainage structures, road improvements, and any other improvements or infrastructure within the gross sale area and/or along haul routes. Damages caused by the Purchaser, his, her or its employees or subcontractors, and expenses associated with the repair or replacement of damaged structures and improvements are the sole responsibility of the Purchaser. H. HAUL ROADS: The Purchaser must meet all City, County, MDT, and Federal Regulation and Load requirements. During spring thaw or other extended wet conditions the Purchaser is notified that Nash Road and other county roads may not hold up to heavy haul trucks. The County may impose stricter load restrictions during spring thaw or other extended wet conditions and may not allow any haul trucks to operate at all during these periods. If Nash Road, or any other county road that may be approved by the City as a haul route, begins to fail, the Purchaser will be responsible for all repair and project delay costs should they occur. Purchasers shall contact the Gallatin County Road Department to satisfy themselves of any constraints that may be placed on them that would affect the progress and stumpage rate of this contract. Purchaser shall use the haul routes designated and depicted on Attachment F unless allowance for an alternate haul route is approved by the City per Section II.C.2 of this Contract. I. PROPERTY CORNER RESTORATION: The Purchaser is required to replace any General Land Office township, section, quarter or meander corners, monuments or witness trees on or adjacent to the timber sale area which may have been moved, disturbed or lost, as a result of the Purchaser’s logging or construction operations. Any necessary replacements must be carried out by a licensed surveyor at the Purchaser’s expense. J. PASSABLE ROADS: The Purchaser will leave all roads and trails free from obstruction by logs, brush or debris following the completion of logging operations. Temporary or permanent obstructions may be acceptable if approved by the Forest Officer. K. NOXIOUS WEED MANAGEMENT: All equipment used in road construction and off‐road logging activity must be pressure‐washed by the Purchaser and inspected by the Forest Officer prior to entering the sale area. This cleaning will remove all dirt, plant parts, and material that may carry noxious weed seeds into the sale area. Other equipment and vehicles entering and leaving the sale area shall be cleaned prior to start up and kept reasonably clean during the course of operations. All subsequent move‐ins of logging and construction equipment shall be treated the same as the initial move‐in. L. WILDLIFE PROTECTION: 1. The Purchaser is authorized to enter areas closed by gates, barricades or berms with motorized vehicles only for the purposes related to the performance of this Contract. Motorized vehicle entry for purposes other than Contract performance, such as hunting or transporting game animals will be considered trespass and prosecuted to the fullest extent of the law (Montana Code Annotated § 45‐6‐203). 2. The Purchaser will store human or pet food, livestock food, garbage, and other attractants in a bear‐resistant manner. 187 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 22 3. The Purchaser will not bury or discard attractants in the sale area, or burn attractants (such as food leftovers) in an open campfire. 4. The Purchaser will provide each employee with a copy of Attachment D “Working in Bear Habitat” Brochure. VII. LOGGING A. TREES DESIGNATED FOR CUTTING: All trees meeting the following requirements must be cut by the Purchaser. 1. TREES IN UNITS: Trees that meet the Minimum Log Size of Trees Designated for Cutting in Table 2 are to be cut in each unit according to the Marking specifications shown in Section VII.F. UNIT DESIGNATIONS. 2. RIGHT‐OF‐WAY TREES: All trees within road right‐of‐way boundaries must be cut. 3. DAMAGED TREES: Reserved trees, which are root‐cut, damaged by felling or skidding, uprooted or broken off by the Purchasers operations may be designated for cutting by the Forest Officer. The Forest Officer may mark additional reserve trees to replace those that have been cut or damaged. 4. FIRE KILL, INSECT INFESTATIONS AND WIND THROWN: The Purchaser may be required to cut and remove at current Contract rates, fire‐killed, high hazard, disease infected, insect‐infested or wind thrown (defined as blown down or wind‐damaged to the extent that the tree is expected to fall or is dying) trees that occur in any part of the gross sale area while this Contract is in effect, if the Forest Officer determines that the stumpage value per ton of the additional timber is approximately equal to the value of the timber being harvested under this Contract. B. TREES RESERVED FROM CUTTING: 1. LEAVE TREES: Trees, both live and dead, marked to leave or otherwise described to leave are reserved from cutting. Any trees not specifically required to be cut are reserved from cutting. 2. BOUNDARY AND BEARING TREES: Trees marking the boundaries of ownership, logging units, equipment restriction zones, streamside management zones, road rights‐of‐way, and bearing trees, are reserved from cutting unless otherwise designated by this Contract or by the Forest Officer. C. LOG MANUFACTURING AND RECOVERY STANDARDS: 1. SAWLOG STANDARDS: Trees cut by the Purchaser shall be manufactured to secure the maximum utilization of forest products according to III.G.1. All logs that meet or exceed the Manufacturing and Recovery Standards in Table 2 and this section shall be skidded to landings and hauled by the Purchaser. 188 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 23 a. Logs shall be bucked to utilize the entire length of the tree to the top diameter specified under Manufacturing and Recovery Standards in Table 2. b. Logs meeting utilization specifications in Table 2 shall be manufactured in such a manner as to minimize waste during bucking operations. c. A tree or log larger than 5.6” top DIB is considered to be a sawlog if it contains Scribner Decimal C Net Scale 33% of Gross. 2. OTHER MATERIAL: The Purchaser must fell all trees marked or designated for cutting that contain a log meeting Top DIB and Length standards for Other Material in Table 2. The Forest Officer shall designate Other Material to either be skid and hauled or machine piled. Other material that is hauled shall be billed at the rate for Other Material shown in Table 1. a. All Contract provisions apply to the removal of Other Material. b. Other Material that is designated to be skid and hauled by the Forest Officer shall be decked and hauled by the Purchaser separately from sawlogs. All hauled loads of Other Material will have a truck ticket assigned and will meet the specifications in Section III, MEASUREMENT AND LOG ACCOUNTABILITY. c. Butt cut logs (the first log cut above the stump) that meet MANUFACTURING AND RECOVERY STANDARDS for sawlogs in Table 2, but do not meet sawlog standards for TREES DESIGNATED FOR CUTTING are considered Other Material as determined by the Forest Officer. d. Other Material that is designated to be machine piled by the Forest Officer shall be done so as directed by the Forest Officer. 3. DOWN WOODY MATERIAL: 5 to 10 tons per acre of downed woody material larger than 3 inches in diameter shall be left scattered throughout the sale units. The Forest Officer will determine the appropriate amount of material and may designate pieces to be left for this purpose that would otherwise be skidded and hauled under Sections VII.C.1 or VII.C.2, LOG MANUFACTURING AND RECOVERY STANDARDS. 4. NUTRIENT RETENTION: Removal from the site of fine branches and leafy material shall be minimized. 5. SNAGS: The Purchaser will retain a minimum of 4 snags per acre and 2 recruitment trees per acre that are >15 inches DBH within each harvest unit unless superseded by Section VII.F, UNIT DESIGNATIONS. If snags and recruitment trees of this size class are not available, the next largest available size class shall be retained. If snags present human safety concerns, the Purchaser may substitute snag recruits for snags upon approval of the Forest Officer. Snags cut for safety purposes shall remain in the unit. 189 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 24 TABLE 2. PRODUCT TREES DESIGNATED FOR CUTTING MANUFACTURING AND RECOVERY STANDARDS The Purchaser must fell all trees marked or designated for cutting that contain a log of this minimum size. The Purchaser must skid and haul all logs that meet this minimum specification. Top DIB Length Top DIB Length Sawlogs meeting standards in Section VII.C.1.b through c Sawlogs 5.6” 18’2” 5.6” 18’2” Other Material 3” 18’2” Skid and haul of Other Material shall occur at the direction of the Forest Officer pursuant to Section VII.C.2.b through c. D. TREE AND BOUNDARY MARKING: 1. TREES MARKED TO LEAVE: Marked with a horizontal blue paint marker at Diameter Breast Height (DBH). 2. HARVEST UNIT BOUNDARIES: Marked with blue flagging. 3. ROAD RIGHT‐OF‐WAY BOUNDARIES: Marked with blue flagging. 4. PROPERTY BOUNDARIES: Marked with red flagging. 5. STREAMSIDE MANAGEMENT ZONES: Marked with fluorescent pink flagging stenciled with “STREAMSIDE MANAGEMENT ZONE”. 6. EQUIPMENT RESTRICTION ZONES: Marked with red/white striped flagging. E. HARVEST SCHEDULE: The Purchaser must cut and remove trees from the sale or portions of the sale, such as units, by the dates shown on the HARVEST COMPLETION SCHEDULE, Table 3: TABLE 3. HARVEST COMPLETION SCHEDULE Priority Unit or Portion of Sale Completion Date 1 All September 15, 2021 F. UNIT DESIGNATIONS: The following requirements are to be performed by the Purchaser in the harvest units listed below and as shown on the sale map, Attachment A. Paragraph headings refer to paragraphs listed in Section VII.G, SPECIAL OPERATING REQUIREMENTS. 190 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 25 HARVEST UNIT NUMBER(S) ACRES ESTIMATED VOLUME (Tons) 1 (R/W) 1.5 100 2 18.5 1,250 YARDING METHOD: Conventional ground based. MARKING: Harvest unit boundaries are marked with blue flagging. Cut all trees within unit boundary except leave trees marked with horizontal blue paint at DBH. OPERATING PERIOD: July 1 through September 15, 2021 SPECIAL OPERATING REQUIREMENTS: None. G. SPECIAL OPERATING REQUIREMENTS: The following requirements are to be performed by the Purchaser in specific sale units as shown in Section VII.F, UNIT DESIGNATIONS. 1. None. H. LOGGING OPERATIONS PLAN: The Forest Officer shall approve a plan for felling, yarding, and landing logs (both Sawlogs and Other Material) in each harvest unit prior to the start of operations in that unit. I. SKID TRAIL LAYOUT AND YARDING PLAN: The Purchaser must follow these requirements along with those shown under VII.G. SPECIAL OPERATING REQUIREMENTS when developing a yarding plan for each unit. The Forest Officer may approve exceptions to these requirements in writing. 1. The Purchaser shall lay out skid trails and have locations approved by the Forest Officer prior to felling trees. 2. All skid trails will be located within the harvest unit boundaries. 3. Any constructed skid trails shall be completed and approved by the Forest Officer prior to felling timber. 4. Skid trails will not be located in draws, and may only cross draws at locations flagged and approved by the Forest Officer. J. LANDINGS AND LOG DECKS: 1. The Purchaser shall construct landings at locations approved by the Forest Officer prior to felling timber. 2. Landings shall be kept to the minimum size necessary to allow the safe handling of logs. The Forest Officer must approve landing size. 3. All deck locations shall be approved by the Forest Officer prior to clearing or use. Decks shall be located so as to minimize the number of trees cut for construction of the deck area. 191 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 26 K. FELLING: 1. In each harvest unit, a felling pattern shall be used which conforms to the logging operations plan and causes the least damage to reserve trees and other resources. 2. Felling shall be systematic and continuous to avoid lost logs and minimize the number of skidding trips. 3. Trees shall be directionally felled away from features requiring protection within or adjacent to harvest units. Features requiring protection include streams, meadows, wet areas, and areas specified under Section VII.F. UNIT DESIGNATIONS. Wedges, jacks, winches, or other special equipment may be required to direct trees when felling. Trees falling into protection areas shall be winch‐line skidded out of protected features. All necessary mitigation for damage caused by improper and/or non‐approved felling into a protected zone is the responsibility of the Purchaser. The Forest Officer must approve all mitigation work. 4. Traffic Control Required For Felling along Roads: If felling operations occur along public roads, traffic guards with “STOP” signs shall be posted 500 feet in both directions from the units on open roads, providing a safety zone to warn oncoming traffic that logging operations are in progress. All traffic shall be stopped when tree felling is in progress. Traffic stops should not exceed 15 minutes at any one time. All saws will be shut off when traffic is moving through the safety zone. Wedges and/or jacks shall be used to ensure trees do not fall onto the roadway. In the event a tree falls across the roadway, all debris shall be removed immediately from the roadway and right‐of‐way. The Forest Officer must approve any extended road closures for logging operations. L. YARDING AND MECHANICAL FELLING: The Purchaser must follow these requirements during logging operations, along with those shown under Section VII.G. SPECIAL OPERATING REQUIREMENTS. The Forest Officer will determine when restrictive conditions apply, and may approve exceptions to these requirements in writing. 1. Soil Compaction Restrictions: In order to prevent soil resource impacts, ground‐based mechanical felling and yarding are restricted to periods when one or more of the following conditions occur: a. Soil moisture content at 4‐inch depth less than 20% oven‐dry weight. b. Minimum frost depth of 4 inches. c. Minimum snow depth of 18 inches, loose, or 12 inches, packed. 2. Suspended Operations for Soil Compaction and Displacement: The Purchaser will be required to restrict or suspend logging operations when soils are subject to compaction or displacement by heavy equipment as determined by the Forest Officer. 3. Equipment Restrictions: 192 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 27 a. Equipment shall not be operated in areas designated as EQUIPMENT RESTRICTION ZONES, WETLAND MANAGEMENT ZONES or STREAMSIDE MANAGEMENT ZONES as shown in Section VII.D.6 and 7, unless authorized by this Contract or the Forest Officer. b. Equipment shall not be operated in soft soils, boggy areas or areas where skidding would cause excessive compaction and displacement. c. Any trees designated for harvest within such zones shall be winchline skidded to skid trails outside the zone. d. Slash will not be piled in or pushed into these zones. e. The Forest Officer must approve any designated crossings of restricted areas. 4. Protection of Reserved Trees: The Purchaser shall exercise reasonable care to prevent damage to trees reserved from cutting during logging operations. M. CLEAN‐UP AND COMPLETION: The Purchaser must follow these requirements and those shown under Section VII.G. SPECIAL OPERATING REQUIREMENTS during logging operations. The Forest Officer will determine when restrictive conditions apply, specifications and dates to meet these requirements and may approve exceptions in writing. The Forest Officer must approve all designated work prior to the removal of Purchaser’s equipment. 1. Logging Debris Confined To Units: All debris from logging shall be confined within the harvest unit boundaries. Any logging debris outside a harvest unit must be returned to within the unit boundary. 2. Skidding Debris on Roads: The Purchaser shall remove logging slash remaining on any portion of a road cutbank or traveled way. Cut and fill slopes, ditches, or road surfaces damaged by skidding operations shall be restored to original conditions. Reseeding is required if vegetation is damaged by skidding. 3. Repair of Improvements: Damage caused by the Purchaser’s operations to culverts, waterlines, fences, roads, bridges, gates, cattleguards, signs, and all other improvements must be adequately repaired or replaced. 4. Erosion Control: a. The Purchaser shall construct slash and debris erosion barriers, dips, water bars or ditches in skid trails and landings as directed by the Forest Officer. b. The kinds and frequency of erosion control structures shall be adjusted to soil types, topography and climatic conditions as directed by the Forest Officer. c. The Purchaser is required to recontour any excavated skid trails, and provide for effective erosion control in the trail location as directed by the Forest Officer. 193 TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction 28 d. Erosion control work shall commence as soon as skidding is completed on each skid trail or landing, and must be kept current with unit operations. e. Erosion control work shall be completed and approved by the Forest Officer in unfinished units before operations cease for inactive periods including heavy winter snowfall, spring breakup and restricted dates. f. All erosion control work in each unit shall be completed prior to notification pursuant to Section VII.M.7. Acceptance of Completed Harvest Units. g. The Purchaser shall maintain erosion control structures in active sale areas throughout the contract period or extensions thereof. 5. Landing and Decking Area Cleanup: The Purchaser is required to pile logging residues on landings and log‐decking areas. Proper equipment (e.g. brush blade, log loader) shall be used to ensure that no dirt is incorporated into the piles. Mechanical scarification of landing and decking areas may be required. Where logs have been decked on the downhill or fill side of a road, the Purchaser may be required to pile residue with a log loader or by hand. Residue piles shall be a minimum of 15 feet away from any live trees. Piles shall be located and constructed as directed by the Forest Officer. 6. Systematic Harvest Unit Operations: When harvest operations are begun on a designated harvest unit, the harvest operations on that unit shall be fully completed before cutting may begin on other harvest units. 7. Acceptance of Completed Harvest Units: The Forest Officer will notify the Purchaser in writing when all contract requirements for each specified harvest unit or area have been met. After notice has been received, the Purchaser is not required to do additional work on the specified area except as provided in Section VII.A.4. FIRE KILL, INSECT INFESTATION, AND WIND THROWN. N. HAULING RESTRICTIONS: The Purchaser will be required to restrict or suspend hauling during periods when the compacted road surface would be damaged, as directed by the Forest Officer. Restrictions are required when hauling would cause rutting into the subgrade, or surfacing materials would be displaced, such as during heavy rainfall or spring breakup freezing and thawing cycles. O. HAUL ROUTES: The Purchaser shall limit its haul routes for logging trucks and heavy equipment to those designated and depicted on Attachment F. Truck engine breaks shall not be used within Bozeman City Limits. P. LOGGING OPERATIONS SAFETY SIGNS: Road signs warning of logging and road construction operations shall be posted 500 feet from the operations. When log hauling is in progress, warning signs shall be posted at major road junctions as directed by the Forest Officer. Warning signs must comply with specifications in the Manual on Uniform Traffic Control Devices. 194 195 05 24 08 01 18 06 19 20 12 13 17 07 18 Liebmann Property Liebmann Existing Road New Spur Road (this contract) USFS System Trails PublicLands City Government US Forest Service Sourdough Fuels Treatment Areas Phase 1: Ground-Based Treatment See Map Inset Map Inset Nash Rd Sourdough Canyon RdSourdough RdS 3rd RdAttachment A Timber Sale Map Phase 1 Sourdough Fuels Reduction 0 1,000 2,000500Feet ¯ 0 200 400100Feet 196 Attachment B – Road Construction and Maintenance Specifications 1 ROAD CONSTRUCTION AND MAINTENANCE SPECIFICATIONS I. CONSTRUCTION REQUIREMENTS A. ROADS: The Purchaser is required to construct and/or maintain the roads shown in Table B‐1 to the specifications of this Attachment B and applicable contract provisions. TABLE B-1. ROAD REQUIREMENTS Road Name or Number Approximate Length Type of Construction Operation Period Completion Date or Requirement Liebmann Existing Road 1.5 miles Maintenance Contract Start through September 30, 2021 After harvest New Spur Road 0.5 miles New Construction Contract Start through September 30, 2021 Prior to harvest ROAD CONSTRUCTION MATERIALS ESTIMATE: TABLE B-2: MATERIALS FURNISHED AND INSTALLED BY THE PURCHASER: The Purchaser is required to furnish the described material and install as required in this Attachment B. Quantities are estimated, and the Attachment B requirements and specifications must be met regardless of the estimated amounts. All materials furnished by the Purchaser become the property of the City when installed. Corrugated Metal Pipe Other Materials No. Diameter Length Gauge Amount Description 1 15” 48’ 16 1 14’ x 4’ x 2” dia round tube steel 6‐rail gate, (2) treated wood gate posts, and lockable gate latch II. RIGHT‐OF‐WAY CLEARING A. CLEAR LIMIT MARKING: 1. Clear limits for the Liebmann Existing Road are not marked. Any clearing of the existing road needed shall meet the requirements of Section II.C. 2. Clear limits for all new construction are marked with blue flagging. B. CLEARING REQUIREMENTS: 1. Brush or trees on the Liebmann Existing Road may only be removed upon approval of the Forest Officer and only by methods approved by the Forest Officer. 2. All merchantable timber within the clear limits of the New Spur Road to be constructed under the terms of this Contract shall be cut to the specifications in the timber sale contract and skidded to decks, or decked with an excavator, prior to earth moving. 3. Clearing procedures shall protect residual stands, prevent incorporation of construction slash into the road prism, and protect roadside appearance outside clear limits. 4. Grubbing will be limited to only those stumps and large roots within the road prism of the New Spur Road. 197 Attachment B – Road Construction and Maintenance Specifications 2 III. TREATMENT OF RIGHT‐OF‐WAY CLEARING MATERIALS A. GENERAL TREATMENT REQUIREMENTS: 1. Road construction slash from the New Spur Road that is more than 3 inches in diameter and 6 feet long, and all concentrations of slash that would adversely affect the stability of the road, shall be disposed of by the methods described in this section. 2. Slash and debris shall not be placed in drainages, roadside ditches or heads of culverts where the flow of water may be obstructed and shall be removed if placed therein. 3 .Lopping and scattering is defined as delimbing and sawing slash materials into lengths which will easily scatter to a maximum depth of 18 inches. Materials shall be scattered outside the road prism. 4. All slash to be disposed of by piling and burning shall be piled in burn bays and burned by the City at locations approved by the Forest Officer. Construction of piles will be of such size and at a sufficient distance from trees so that burning does not result in unnecessary damage to remaining trees. B. SIDESLOPES OF 35% OR LESS AND EXISTING ROADS: 1. Disposal will be by hand or machine piling for burning as directed by the Forest Officer. 2. Minor concentrations of slash or individual trees may be disposed of outside of the road prism by lopping and scattering as directed by the Forest Officer. 3. Tree stumps, large boulders and cull logs may be scattered outside the road right‐of‐way clear limits if approved by the Forest Officer. Scattered stumps and boulders shall be placed away from trees and positioned so they will not roll. C. SIDESLOPES OF 35% AND GREATER: 1. Treatment will be by excavator only, or by whole tree skidding to a decking area. 2. Where topography and timber types permit, piling for burning will be required as directed by the Forest Officer. 3. Where piling is not practical, treatment will be by windrowing at the toe of the fill. Slash will be windrowed on a trail constructed at the bottom of the right‐of‐way. Slash will be trampled and covered with organic surface material taken from the road prism as directed by the Forest Officer. Fill material may butt up against but not cover or bury the windrow. 4. Minor concentrations of slash or individual trees may be disposed of by lopping and scattering as directed by the Forest Officer. 5. Tree stumps, large boulders and cull logs may be scattered outside the road right‐of‐way clear limits if approved by the Forest Officer. Scattered stumps and boulders shall be placed away from trees and positioned so they will not roll. IV. EXCAVATION AND EMBANKMENT OF FILL MATERIALS A. EXCAVATION OF ROAD CROSS SECTION: 1. All grubbing and clearing shall be completed prior to the beginning of any excavation. B. EMBANKMENT OF FILL MATERIALS: 1. Fill materials shall be sorted to remove large rocks over 6 inches in diameter near the surface, which may interfere with surface blading. 198 Attachment B – Road Construction and Maintenance Specifications 3 V. DRAINAGE STRUCTURES A. CORRUGATED METAL PIPE: The corrugated metal pipe required in Table B‐2 will be installed as follows: 1. All pipes shall be installed with a backhoe or excavator. The exact locations shall be determined and approved by the Forest Officer after the right‐of‐way is brushed and cleared. 2. The excavation trench for culvert installation shall not be wider than necessary to permit satisfactory jointing and thorough tamping of the bedding material under and around the pipe. 3. The bedding surface shall be constructed to provide a firm foundation of uniform density through the entire length of the culvert and shall be slightly cambered along the centerline to correct for expected settlement. 4. Where the bedding surface is not firm at the grade established, all unstable soil under the pipe and for a width of at least one diameter on each side of the pipe shall be removed and replaced with suitable selected material. Rock encountered in the bedding foundation will be removed to at least 12 inches below the bottom of the pipe and one diameter on each side. The final bedding area shall consist of fine, compacted granular material. 5. Selected native fill material will be free from rocks and hard earth clods larger than 3 inches in size. Frozen material, sod or a high percentage of organic matter is not permitted. 6. The remainder of the fill above the top of the pipe may be compacted by tractor or rubber‐tired roller. Fill is to extend above each pipe at least one‐half the pipe diameter or a minimum of 12 inches, whichever is greater. 7. The pipe shall be protected by adequate fill cover before heavy equipment is permitted to cross during roadway construction. 8. Pipe that is damaged or improperly installed shall be repaired or replaced at Purchaser expense as directed by the Forest Officer. VI. ROAD MAINTENANCE A. ROAD MAINTENANCE SCHEDULE AND REQUIREMENTS: 1. Road maintenance may be required on all native material or gravel roads designated for hauling purposes. 2. Road maintenance is defined to include all operations listed under Section VI. of Attachment B. 3. Initial maintenance of the Existing Liebmann Road may be required prior to use for logging and hauling as directed by the Forest Officer. 4. The Forest Officer will determine the number, type, extent and frequency of intermediate maintenance operations. Road maintenance shall be repeated as needed to facilitate traffic and proper road drainage. The Purchaser will be advised of the time limitations to complete each maintenance project. 5. Final maintenance of the road system is required after all logging and hauling and prior to termination of the Timber Sale Contract. B. SURFACE BLADING: 1. Description: Surface blading is keeping a native or aggregate roadbed in a condition to facilitate traffic and provide proper drainage. It includes maintaining the crown or slope, shoulder, drainage dips, leadoff ditches, berms and turnouts, and provides a level of smoothness appropriate for the amount and kind of traffic served and consistent with existing surfacing. 199 Attachment B – Road Construction and Maintenance Specifications 4 2. Specifications: a. The existing roadbeds, including turnouts, shall be bladed and shaped to reasonably conform to the designed cross section, and to eliminate ruts. Existing aggregate surfacing shall be bladed to conserve material and to prevent segregation of particle sizes. Rocks or other material remaining on the traveled way surface after final blading which are 4 inches or larger in size shall be removed from the road surface. b. Roadside cutslopes should not be undercut when cleaning ditches or removing road sloughs. Berms shall be removed from road shoulders when blading, except where berms are located as part of road design. c. Cutslopes that have been undercut may require backsloping, seeding and fertilizing. d. At intersections, the roadbeds at side roads shall be graded for a reasonable distance to assure proper blending of the two riding surfaces. e. Drainage dips and leadoff ditches shall be cleaned and graded to form their previous line and grade. f. Crowned roads should slope towards shoulders at least 2‐5% (1/4‐1/2 inch per foot road width) on native and gravel roads. g. At intersections where side roads enter the main road and the entering side road exceeds +3%, shallow ditching across the side road may be required to divert surface runoff and protect the main road's stability. h. The side‐casting of road material into a stream, lake, wetland, or other body of water during road maintenance operations is prohibited. C. DITCH CLEANING: 1. Description: Ditch cleaning is removing and disposing of all foreign and slough material from roadside ditches to provide an unobstructed waterway conforming reasonably to previous line, grade and cross section. 2. Specifications: a. Slough material removed from the ditch may be blended into existing native road surface or shoulder only if it is the same material as the road surface. Slough material that is not suitable for blending should be disposed of as directed by the Forest Officer. b. Live vegetation and other organic material shall be removed and disposed of as directed by the Forest Officer. c. Unstable stumps, rocks, leaning trees or other debris shall be removed from the cutslope as directed by the Forest Officer D. CULVERT MAINTENANCE: 1. Description: Maintenance is work performed on inlets, outlets, catch basins, related channels, existing riprap, trash racks and any other facilities related to the drainage structure. 2. Specifications: Catch basins, outlets and energy dissipaters shall be kept functioning and cleaned of debris. Ends of culverts shall be kept straight and undamaged. Any washing alongside or underneath the culvert shall be repaired. 200 Attachment B – Road Construction and Maintenance Specifications 5 E. ROADSIDE VEGETATION MAINTENANCE: 1. Description: Maintenance of roadside vegetation includes removal of brush, tree growth, deadfall or other obstructions to passage, safety or visibility, as such obstructions are present or develop during the contract period. 2. Specifications: a. All trees that have fallen across the road shall be removed from the road prism unless otherwise agreed upon. Merchantable timber, if any, shall be cut in appropriate lengths and decked along the roadside in locations where traveled way width or sight distances will not be impaired. b. Brush and seedling trees that encroach upon the original road clear limits shall be removed when they reduce safe sight distances. Low shrubs and brush that do not restrict sight distance but provide cover and reduce erosion shall not be removed. Brush and seedling trees removed shall be disposed of as directed by the Forest Officer. F. SNOWPLOWING: If hauling occurs during the winter months, the Purchaser will be required to plow snow to the following guidelines on the Liebmann Existing Road and New Spur Road. 1. Snow should be windrowed beyond the fill shoulder line. 2. To protect the road surface, a 1 to 4‐inch cushion of snow may be left on the road. 3. At termination of use, the road will be prepared for spring runoff by opening drainage outlets through the plowed berms and by installing a snow‐berm road closure. 4. Tracked equipment will not be used to plow snow without prior written approval from the Forest Officer. 5. The side‐casting of road material into a stream, lake, wetland, or other body of water during snow plowing operations is prohibited. VII. ADDITIONAL REQUIREMENTS A. GATE ON THE NEW SPUR ROAD: The gate to be installed by the Purchaser on the New Spur Road constructed to access the timber sale area shall be placed at the Liebmann property boundary as approved by the Forest Officer and shall be locked by the Purchaser at the end of each work day. VIII. ROAD LOG AND SITE DESCRIPTIONS Liebmann Existing Road 0+00 starts at the intersection with Nash Road, approximately 1.3 miles east of the intersection of Nash Road and South 19th Avenue. This road is approximately 2.0 miles in length. This road may require initial, intermediate, and final maintenance blading as directed by Forest Officer. Station Work Description 0+00 Start maintenance blading 103+00 End maintenance blading at junction with New Spur Road 201 Attachment B – Road Construction and Maintenance Specifications 6 New Spur Road 0+00 starts at the switchback at Station 103+00 of the Liebmann Existing Road. This road requires new construction to the standards contained in Section IX. ROAD SPECIFICATIONS and elsewhere within Attachment B. This road requires installation of the culvert and gate contained in Table B-2. This road will require final maintenance blading, with a possible intermediate blading as determined by the Forest Officer. Station Work Description Sideslope Grade Comments 0+00 Begin road construction (Start maintenance blading) At switchback 1+00 55% +7% 2+00 55 +7% 2+21 Edge of clearing 3+00 50% +6% 3+76 50% +7% Back into timber 4+00 50% +1% Some rock 5+00 50% -5% 5+40 Install Gate (Table B-2) Liebmann property boundary 6+00 50% -5% 6+90 Install Culvert (Table B-2) 45% 6+90 55’ radius corner 7+00 50% +2% 8+00 50% +5% 9+00 55% +6% 10+00 55% +6% 11+00 60% +3% 12+00 55% +3% 13+00 Install Driveable Dip 55% -3% Grade change 14+00 Install Turnout 50% +3% 15+00 55% +6% 16+00 55% +6% 17+00 55% +6% 17+53 Install Turnout 50% +3% On ridge 18+00 45% -7% 19+00 40% -6% 19+25 Cutting unit boundary 20+00 20% -3% 21+00 20% -3% 22+00 Install Turnout 15% +2% 23+00 20% -3% Out of cutting unit 24+00 35% +7% Dry draw 25+00 40% +4% 25+40 Dry draw 26+00 15% -3% In cutting unit, landing 27+00 15% +5% 28+00 15% +5% 29+00 End road construction (End maintenance blading) Turnaround 202 Attachment B – Road Construction and Maintenance Specifications 7 IX. ROAD SPECIFICATIONS A. REQUIREMENTS: Any construction requirements or structures shown in the Timber Sale Contract or Attachment B shall be constructed and installed by the Purchaser to specifications in this section. Structures shall be constructed at locations shown in the Road Log and as specified or staked by the Forest Officer. GENERAL SPECIFICATIONS ALIGNMENT Minimum Curve Radius: 50 feet Switchbacks: N/A Curves: As marked on the ground CUT SLOPE RATIO Common excavation: 1:1 Angular Rock: 3/4:1 Solid Rock: 1/4:1 Maximum tolerance: plus 15% minus 0% ROAD GRADE MAXIMUM Favorable: 12% Adverse: 8% Grades as shown in the Road Log FILL SLOPE RATIO Common material: 1-1/3:1 Solid rock: 1/4:1 Maximum tolerance: plus 15% minus 0% DITCHES Width: 3 feet Depth: 1 foot Located and installed as directed by the Forest Officer TURNOUTS Length: 50 feet Width: 10 feet As shown in Road Log and approved by the Forest Officer. Spacing will be intervisible as topography allows. USABLE ROAD SURFACE Tangents: 14 feet Curves: 16 feet (radius >75’) 20 feet (radius < 75’) f Slough widening: Tangents: 1 foot (in addition to usable road Curves and all fills surface) over 6 feet height: 2 feet. TURNAROUNDS Dimensions: large enough to safely turn around a long wheel base 2-wheel-drive pickup. Location: at or near the end of all dead end roads as approved by the Forest Officer. 203 FOREST FIRE RULES & REGULATIONS These rules apply to all activities on all classified forest lands within Montana during the legal Forest Fire Season, including any extension thereof (see 77-5-103(3), 76-11-101, 76-13-102(7), and 76-13-109 MCA). Reference also ARM 36.10.119 through 132. Related State statute numbers are provided as a reference. RULE I - DEBRIS BURNING 1. The person conducting the burn shall obtain written authorization from the recognized fire protection agency before igniting any open fire during the legal forest fire season (required by 76-13-121 MCA). The recognized fire protection agency may deny, restrict, or rescind any authorization by notifying the person conducting the burn. 2. All burning must comply with the Department of Environmental Quality or State/county/local open burning regulations. 3. Written authorization is not required for campfires. RULE II - CAMPFIRES 1. Campfires cannot be left unattended and must be completely extinguished (see 76-13-123 MCA). 2. All campfires must be constructed in cleared or bare areas, and not allowed to spread beyond the established ring, pit, grate, or container. 3. Anyone igniting a campfire is required to have fire tools listed in Rule VIII (4). RULE III - RAILROADS AND POWERLINES Railroad and powerline companies are required to prepare and annually update working agreements with recognized fire protection agencies. These agreements must stress safety and fire response procedures; and identify, remove, prevent, modify, abate, or correct forest fire hazards and risks associated with railroad and powerline company operations (see 69-14-721 MCA). RULE IV - EQUIPMENT 1. All internal combustion engines must be equipped with an approved and effective spark-arresting system, as established in the National Wildfire Coordinating Group’s Spark Arrester Guides. Spark-arresting devices must be marked, properly installed, and maintained in accordance with the Guides. The following vehicles are exempt: a. automobiles and light trucks of less than 23,000 GVW when all exhaust gases pass through a properly installed and maintained exhaust system, baffle-type muffler, and tailpipe. Vehicles with glass-pack mufflers do not qualify for the exemption. b. heavy-duty trucks of 23,000 GVW or greater, with a muffler and vertical stack exhaust system extending above the cab. c. vehicles with other spark-arresting systems providing equal or increased effectiveness. Such vehicles must be inspected and have written authorization from the recognized fire protection agency. 2. Equipment used for commercial, ranching, or industrial activities must meet the fire extinguisher and tool requirements listed in Rule VIII (5). RULE V - FLAMING AND GLOWING SUBSTANCES 1. All flaming and glowing substances, including but not limited to, lighted cigarettes, cigars, ashes, and matches, must be extinguished before being discarded (see 76-13-124 MCA). 2. Smoking is allowed only at areas free of flammable or combustible material. Examples of these areas include a graveled road or an enclosed vehicle. RULE VI - FIREWORKS Use of fireworks is prohibited on all classified forest lands unless written authorization is obtained from the recognized fire protection agency. Authorization will only be considered between June 24 and July 5, inclusive, to coincide with the legal dates for the sale of fireworks in Montana (see 50-37- 106 MCA). RULE VII - WILDLAND/URBAN INTERFACE 1. County governments without subdivision wild-fire protection standards are encouraged to establish standards for all new subdivisions by January 1, 2000. 2. The Fire Protection Guidelines for Wildland/Residential Interface Development (DSL/DOJ, 1993) is available for use to assist counties in the development of standards. RULE VIII - FIRE EXTINGUISHERS AND FIREFIGHTING TOOLS 1. Chainsaw operators shall carry a fully charged and operable fire extinguisher, minimum-capacity 8-ounce liquid or 1- pound dry chemical, with a 4BC or higher rating. 2. Vehicles and equipment, mobile or stationary, with a combustion engine/motor used for commercial, ranching, or industrial activities must have one operable, dry-chemical fire Attachment C: Forest Fire Regulations Page 1 of 2 204 extinguisher with a minimum 2-1/2 -pound capacity and 4BC or higher rating. 3. Chainsaw operators shall maintain one usable shovel at chainsaw-fueling sites. 4. All persons or parties igniting a campfire shall have one usable shovel and bucket. Persons igniting a barbecue need not have a shovel or bucket if the ashes are not removed from the container and the ashes or container are not placed on or near combustible material. 5. All commercial, ranching, or industrial activities must have: a. one usable shovel or pulaski with each vehicle and equipment with an internal combustion engine/motor, mobile or stationary. b. one backpack pump with each vehicle and with any equipment, used off road, mobile or stationary, with an internal combustion engine/motor, that cannot be used to build fireline and is being operated on combustible material. 6. Other types of firefighting tools that provide increased efficiency or effectiveness may be substituted by written authorization from the recognized fire-protection agency. For example, a combi firefighting tool may be substituted for a shovel or pulaski. RULE IX - FOREST ACTIVITY RESTRICTIONS In areas designated by public proclamation by the administrator, division of forestry, as areas of high fire hazard, the administrator may request all persons, firms, or corporations present or engaged in any activity in the areas to voluntarily cease operations or to adjust working hours to less critical periods of the day. In the event such a request is refused, the administrator may issue a written order directing compliance. RULE X - FOREST CLOSURE 1. During periods of dangerous fire conditions, no person may enter or be upon those forest lands designated by public proclamation by the governor of the state of Montana as areas of dangerous fire hazard except under written permit issued by a recognized agency. 2. Permits to enter upon such areas during the closure may be issued by the recognized agency upon a showing of real need by the applicant. Permits may be issued to those persons having actual residence as a permanent or principal place of abode in the forest lands designated or to persons engaged in non-fire hazardous employment. 3. However, no permit may be required of persons engaged in either firefighting, fire prevention, or law enforcement who are engaged in official business. RULE XI - CORRECTION OF HAZARD AND UNUSUAL CIRCUMSTANCES OR EVENTS The recognized fire-protection agency may require identified wildland-fire hazards and/or risks be halted, prevented, abated, removed, disposed of, mitigated, or patrolled. This applies to public, private, nonprofit, commercial, and/or residential circumstances or events. RULE XII - REQUEST FOR REVIEW If any operator believes that in his case any requirment of a recognized agency is excessive, the operator may request the administrator, division of forestry, to review the requirements. If in the opinion of the administrator any or all are not necessary in the interest of public safety, he may make such changes as he considers advisable. RULE XIII - DEFINITIONS Backpack Pump: 5-gallon minimum; standard galvanized metal, fiberglass, or rubberized backpack water container with attached handpump; full of water at all times. Bucket: Metal, plastic, canvas, or fiberglass container capable of holding at least one gallon of water. Motorcycle helmets qualify. Campfire means a fire set for cooking, warming, or ceremonial purposes; not more than 3 feet in diameter or height; void of overhanging branches; with all combustible material cleared at least 1-1/2 times the diameter of the fire; or a barbecue in a noncombustible container. Combi Tool: A tool combining a shovel and pick. Fireworks: As defined in 50-37-101 MCA. Forested Land: As defined in 76-13-102 MCA and 36.10.101 ARM. Hazard: Condition that promotes the ignition and/or spread of a wildland fire. Open Fire: The burning of a bonfire, rubbish fire, or other fire in an outdoor location where fuel being burned is not contained in a closed incinerator, or outdoor fireplace. Barbecue pits and burn barrels are considered open fires and therefore require a burning permit (Rule I). Pulaski: An ax with a medium size sharp grub hoe opposite the ax blade. Recognized Fire-Protection Authority: An agency organized for the purpose of providing fire protection and recognized by the board as giving adequate fire protection to forest lands in accordance with rules adopted by the board. Risk: Action or device that could cause a wildland fire to ignite. Shovel: Vehicle, equipment, and chainsaw operator shovels will have a minimum overall length of 36 inches with a round pointed shovel head with a minimum width of 6 inches. Shovels required for campfires must be at least 24-inches in length with a pointed shovel head. Folding handles qualify. RULE XIV - APPLICABILITY The forest fire rules, Rule I through Rule XIII, (ARM 36.10.119 through 30.10.132) are in effect each year on classified forest land during the forest fire season May 1st to September 30th inclusive, or any legal extension thereof. Requirements pertaining to motor vehicles do not apply to those being operated solely on roads that are a part of federal or State maintained highway systems or on any paved public road. Page 2 of 2 205 WORKING IN BEAR HABITAT 12/03/12 Grizzly bear distribution is expanding in Montana and human/bear encounters are becoming more common. Working in bear habitat increases the likelihood of interactions with bears. It is important for contractors and their employees to be aware of steps that can be taken to minimize conflicts and how to react if an interaction occurs. This pamphlet provides information about bear behavior, preventive measures, and what to do in the event an encounter occurs. This pamphlet is intended to provide information about possible ways of avoiding encounters with bears. It should not, however, be relied on as the sole means of doing so. In addition to adhering to the guidelines outlined in this document, you should always rely on your experience, training, education and judgment about the best, safest manner to avoid encounters with bears. ENCOUNTERS Stay calm and keep the animal in view, but avoid direct eye contact. Bears may interpret eye contact as a sign of aggression. Back away slowly. Never run from a bear unless you know you can reach safety. Determine whether the animal is a black bear or a grizzly bear. If the bear charges, stand your ground. Bears commonly “bluff charge,” stopping within a few feet of a person, before fleeing in a different direction. Keep bear spray handy. Always have a canister of bear spray (at least eight ounces) on your belt. Make sure it is an EPA registered bear spray with 1 to 2% capsaicin and related capsaicinoids, has a spray duration of at least six seconds, and a range of 25 feet. Familiarize yourself with the directions for using the spray. Use it only if confronted by a charging bear. Spray toward the bear, aiming slightly downward. In the event that you have no bear spray, or it was ineffective and the charge is not a bluff, or the bear is exhibiting predatory behavior, you must change your approach. Signs of predatory behavior include: following, showing interest, coming into a tent, and unprovoked attacks. How you respond will depend on the species of bear attacking you. Black bear and young grizzly attacks: Always fight back. Jump up and down, wave your arms and yell. Try to look as large as possible. Never play dead – it makes you easier prey. Remember that black bears and small grizzlies can climb trees, so stay on the ground. Mature grizzly attacks [particularly females with young]: If a surprise encounter occurs or if bear spray is ineffective, drop to the ground and play dead. Lie on your stomach, clasp your hands behind your neck, and use your elbows and toes to avoid being rolled over. If the bear rolls you over, keep rolling until you land back on your stomach. Remain still and don't struggle or scream. A defensive bear will stop attacking once it feels the threat is gone. Don't move until you are sure the bear has left the area. If the grizzly is exhibiting predatory behavior or comes into a tent at night, do all you can to escape or fight back. If an encounter occurs, contact the DNRC forest officer immediately and notify Montana FWP. JOB SITE PREVENTION Watch for bear signs. Signs include: tracks; droppings; recently overturned rocks or logs; logs torn apart; clawed, bitten or rubbed trees; bear trails; hair on tree bark; fresh diggings; and crushed vegetation. If you observe any of these signs, be aware that a bear may be frequenting the area. If camping, or stopping to eat your lunch, select a different area. When working or walking alone, make noise and carry bear spray. Bears don't like surprises, but will move on if they hear people approaching. Make noise, especially when approaching blind corners, dense shrubs and streams, and when walking into the wind. Maintain regular communication with co-workers. If camping on site, leave coolers, food and beverages inside campers or secured vehicles. If cooking over an open fire, do not discard food or grease in fire pits. Don’t leave trash, groceries or animal feed in your vehicle for extended periods. Bears can, and do, pry open car and truck doors and break windows to get at food and other items they associate with food. Bears are attracted to petroleum based products. Keep all fuel and oil canisters in bear resistant containers. Bears have been known to damage hoses, oil filters and foam seats on heavy equipment. Dispose of empty containers promptly. Attachment D 206 Attachment E - Temporary Road Use Permit 207 Attachment E - Temporary Road Use Permit 208 Attachment E - Temporary Road Use Permit 209 Attachment E - Temporary Road Use Permit 210 Attachment E - Temporary Road Use Permit 211 Attachment E - Temporary Road Use Permit 212 Attachment E - Temporary Road Use Permit 213 Attachment E - Temporary Road Use Permit 214 Attachment E - Temporary Road Use Permit 215 Attachment E - Temporary Road Use Permit 216 Attachment E - Temporary Road Use Permit 217 Attachment E - Temporary Road Use Permit 218 Attachment E - Temporary Road Use Permit 219 JACKRABBIT LNCOTTONWOODRDFORTELLIS RDN19THAVEFRONTAGE RDS 19TH AVEBOZEMANTRAIL RD NASH RD W KAGY BLVD KAGYRDN19THAVESTUCKY RD US 191 EKAGYBLVD US 191 I-90 W I-90 E US 191JACKRABBIT LNI-9 0 E I-9 0 W S19THAVEAttachment F Haul Route Map Phase 1 Sourdough Fuels Reduction City of Bozeman City Limits 220 221 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Software License Agreement with Ascendant Strategy Management Group, LLC for a Community Dashboard Platform MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a software license agreement with Ascendant Strategy Management Group, LLC for a community dashboard platform. STRATEGIC PLAN:7.4 Performance Metrics: Utilize key performance and cost measures to monitor, track and improve the planning and delivery of City programs and services, and promote greater accountability, effectiveness and efficiency. Learn from those outside city government and measure specific tasks for performance. BACKGROUND: The City of Bozeman utilizes key performance measures to monitor, track, and improve the planning and delivery of City programs and services, while promoting greater accountability, effectiveness, and efficiency throughout all operations. A community dashboard platform will provide the City with technology needed to organize and deliver a consistent citywide approach for communicating relevant measures across a wide range of needs. This project will leverage existing investments in Work Order Management (Cityworks), GIS (ESRI), and other enterprise systems to improve the way we measure and report progress. Examples of planned dashboards include information in support of the Climate Plan, Equity and Inclusion, the Strategic Plan, and other City initiates. ClearPoint Strategy was selected through a competitive process among three separate vendors. This agreement has been reviewed by the Legal Department and found to be acceptable in meeting the City’s specifications and standards. 222 UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:Total cost for this project will be $40,900 to include implementation services, training, and licensing for the first year. A recurring annual subscription fee of $24,900 will be necessary to maintain licensing moving forward. Adequate funding is currently allocated within the FY21 Strategic Services Department budget for this project. (CIP Item GIS16). Attachments: ClearPoint License Agreement.docx Report compiled on: June 11, 2021 223 1901 N. MOORE STREET, SUITE 502 | ARLINGTON, VA 22209 | 866-568-0590 | INFO@CLEARPOINTSTRATEGY.COM City of Bozeman, MT ClearPoint Strategy Software & Support Agreement Ascendant Strategy Management Group, LLC, a Massachusetts limited liability company (“Ascendant”), and City of Bozeman, MT,(“Bozeman”),hereby agree to this ClearPoint Strategy Software & Support Agreement (the “Agreement”). This Agreement incorporates and is subject to the Terms and Conditions attached hereto as Exhibit A, and all references to the Agreement herein shall include the Terms and Conditions. Definitions Except as otherwise provided in this Agreement, the definitions set forth in the Terms and Conditions shall apply. “You”, “your” and similar terms in the Terms and Conditions shall mean Bozeman. References to “Order Forms” in the Terms and Conditions shall include this Agreement. “ClearPoint” and “ClearPoint Strategy” refers to a certain cloud-based strategy and performance management software, designed to allow Bozeman to track its goals, metrics, projects, and action items across its entire organization. The “Start Date” shall mean June 22, 2021. The “Initial Commitment Term” shall be 12 months, commencing on the Start Date and ending, unless terminated earlier pursuant to the provisions of this Agreement, on June 21, 2022(the “End Date”). ClearPoint Enterprise Package Bozeman has selected the ClearPoint Enterprise Package, which includes the following services, as more fully detailed herein and in the Terms and Conditions: 25 full users Unlimited view-only users Discounted update-only users Premium Support Onboarding Data Loader Access Single Sign-on Html Exports API Access 224 Page 2 June 11, 2021 1901 N. MOORE STREET, SUITE 502 | ARLINGTON, VA 22209 | 866-568-0590 | INFO@CLEARPOINTSTRATEGY.COM User Licenses Bozeman shall be entitled to 25 full “Editor/Administrator” users (users that can add, edit, and update information in ClearPoint). Additional “Editor/Administrator” users may be added at any time, upon request by Bozeman, on a pro-rated basis of $600/year. Update only users may be added for $120/user/year. Also included are an unlimited number of view-only “Browser” users. Support All Users authorized by Bozeman shall be entitled to Basic Support, which includes email and online forum support with a 24-hour response time. Bozeman may purchase “Premium Support” which allows three (3) named contacts to request and receive 4-hour priority email and telephone support services from a qualified ClearPoint Engineer throughout the year. ClearPoint Support Options Basic Support Premium Support Access to Support Forum Included Included Email Support 24-Hour Response 4-Hour Response Telephone Support Included Live in-app messaging Included Video Screen-Sharing Support Included Additional Premium Support named contacts may be added at any time, upon request by Bozeman, for an additional cost of $3,300 per year. Onboarding Included in the Enterprise Package, Ascendant will provide initial account setup support, during the first 14 days after the Start Date, including a “kick-off call” to set goals and expectations; assistance configuring periods and reporting frequencies, scorecards and element names, custom fields, summary reports, and briefing books; adding Users accounts; conducting an administrator orientation session; and setting up reminder emails. Onboarding does not include Scorecard Setup or Additional Training, as described below. Bozeman is responsible for creating and maintaining its scorecards, including categories, objectives, measures, initiatives, and action items. Bozeman is also responsible for meta data on these elements, including information such as descriptions, owner, data source, dates, and any custom fields. 225 Page 3 June 11, 2021 1901 N. MOORE STREET, SUITE 502 | ARLINGTON, VA 22209 | 866-568-0590 | INFO@CLEARPOINTSTRATEGY.COM Training In addition to account setup support included in the Basic Package, both web-based and onsite training is available upon request by Bozeman, at additional cost, and including the following topics: Basic Training Advanced Training •Logging into ClearPoint •Changing your password •Accessing Support Forum •Understanding reporting periods •Understanding “edit’ vs. ‘update’ •Editing your scorecard •Using the HTML editor •Printing a page •Exporting to Excel •Generating PDF briefing books •Managing user access rights •Aligning department scorecards •Configuring status indicators •Configuring reporting periods •Configuring custom fields •Defining and using fiscal years •Generating custom reports •Developing custom grid views •Configuring measure series •Using calculated fields All training will be jointly designed and administered by a Bozeman designated administrator and the ClearPoint trainer to meet the specific needs of the Bozeman Users. Web-based training can be purchased in ½ day increments. Onsite training has the benefit of having an instructor in the classroom to answer questions and see challenges as they take place on participants’ screens. Travel expenses for onsite trainings are billed at cost. Web-based training is $1,000 for ½ day, and onsite training can be purchased for $3,000 per day. Scorecard Setup Bozeman is responsible for creating and maintaining its scorecards, including categories, objectives, measures, initiatives, and action items. Bozeman is also responsible for meta data on these elements including information such as descriptions, owner, data source, dates, and any custom fields. As an optional service, Ascendant can assist with initial configuration, organizational alignment, data entry, structuring Excel and text file data imports and designing custom dashboards. This service is billed by the day and can be completed on-site or remotely. Based on conversations held between ClearPoint staff and Bozeman prior to signing this agreement, we are providing eight days of support to assist with the setup and configuration process. During the kick- off call and initial planning, if new data or setup requirements are presented, we will notify Bozeman that the assumptions have changed, and we will leverage these days to provide as much support to the client in a jointly planned manner as the setup time allows. 226 Page 4 June 11, 2021 1901 N. MOORE STREET, SUITE 502 | ARLINGTON, VA 22209 | 866-568-0590 | INFO@CLEARPOINTSTRATEGY.COM Setup Price Total Fees System configuration and setup $1,500 per day $12,000.00 Data entry for historical data $1,500 per day NA Setup Total $12,000.00 ClearPoint Data Loader The ClearPoint Data Loader connects your on-premise data sources to ClearPoint. The Data Loader can tap into any database that can be SQL queried as well as XLS and CSV files. Data can be uploaded to ClearPoint on a scheduled basis including daily, weekly, monthly, and quarterly. Single Sign-on Ascendant offers SSO using the SAML standard. Bozeman is free to use whatever federation server they elect as long as it complies with the SAML 2.0 standard. For organizations that require it, Ascendant can offer a cloud-based federation server, Ping Identity, to integrate a local directory with ClearPoint’s SAML SSO endpoint. Ascendant will provide Bozeman with a PingOne account, which will enable the team to obtain a SAML standard key and configure the connection with the desired active directory service, such as ADFS or Azure AD. For troubleshooting, Ping Identity has a full support center, and the client will work directly with Ping support. If additional Ascendant support is required, it will be at additional cost, as Additional Training. Html Exports Exporting to HTML allows all Enterprise Package clients to export information from ClearPoint into non- password protected web pages. These pages can be linked to from your intranet site to share information internally, or they can be linked to from your website to share information externally. API Access ClearPoint has a documented REST API, which is leveraged in the Data Loader, Community Dashboard Plugin and throughout the application itself. Bozeman will be able to use the API to GET, POST, PUT, and DELETE information in ClearPoint. Ascendant will provide documentation showing all of the calls and schema to implement the calls for Bozeman’s own applications and needs. 227 Page 5 June 11, 2021 1901 N. MOORE STREET, SUITE 502 | ARLINGTON, VA 22209 | 866-568-0590 | INFO@CLEARPOINTSTRATEGY.COM Enterprise Package Cost Breakdown The following table includes the proposed deliverables and the pricing for each item. Deliverable Description Price ClearPoint SaaS Software User Licenses Base Annual Rate 25 Licensed users $24,900.00 Unlimited view-only users Premium Support 3 named contacts Enterprise Package features and services including: Onboarding Data Loader Automatic Initiative Evaluations Rules-Based Permissions Single Sign-On IP Restrictions ClearPoint API Included in the Enterprise Package at no additional cost Optional Features and Services Additional Premium Support named contacts $3,300/contact Additional Licensed Users $50/User/month Update-only Users $10/User/month Scorecard Setup $12,000.00 2 day remote training $4,000.00 Total $40,900.00 The features and capabilities of ClearPoint shall be in substantial conformance with the ClearPoint Software Features, which are attached hereto as Exhibit B. 228 Page 6 June 11, 2021 1901 N. MOORE STREET, SUITE 502 | ARLINGTON, VA 22209 | 866-568-0590 | INFO@CLEARPOINTSTRATEGY.COM Invoicing and Payment The Enterprise Package Annual Cost will be due and payable immediately following mutual execution of this Agreement. Setup/Configuration, Training, and travel expenses (if applicable) will be invoiced upon completion. Prices are in US dollars. Bozeman has the option to add additional licenses at any time using the prices quoted in this proposal. The price for additional licenses will be pro-rated to match the expiration date of existing licenses. Discounts Bozeman has the option to receive a discounted ClearPoint SaaS Software User LicensesBase Annual Rate for signing a contract for multiple years. We offer 5% - 20% discounts for three to five-year contracts. Additions made to the contract after the initial purchase are not guaranteed the same discount. Length of Initial Commitment Term Base Annual Rate Discounted Annual Rate Less than 2 Years $24,900 $24,900 2+ Years (5% Discount)$24,900 $23,655 3+ Years (10% Discount)$24,900 $22,410 4+ Years (15% Discount)$24,900 $21,165 5+ Years (20% Discount)$24,900 $19,920 The applicable Discounted Annual Rate payable by Bozeman is determined by the length of the Initial Commitment Term. The rates for other commitment terms are provided for informational and comparison purposes only. The Base Annual Rate and Discounted Annual Rate are subject to the Terms and Conditions, including automatic renewal and adjustments to the Base Annual Rate and Discounted Annual Rate following the Initial Commitment Term. If the entire contract term is paid in advance, an additional 5% off of the entire amount is offered as a discount. Changes and Renewal Changes to this agreement may be made through standard written communications, including email, and invoicing is an acceptable way to extend the agreement. The Base Annual Rate and Discounted Annual Rate are subject to the Terms and Conditions, including automatic renewal and adjustments to the Base Annual Rate and Discounted Annual Rate following the Initial Commitment Term. There will be a $250 per month charge for renewing a cancelled account, and all missing months must be paid in full. 229 Page 7 June 11, 2021 1901 N. MOORE STREET, SUITE 502 | ARLINGTON, VA 22209 | 866-568-0590 | INFO@CLEARPOINTSTRATEGY.COM Use of ClearPoint Use of ClearPoint by individual Users is governed by the ClearPoint End User License Agreement (the “EULA”). This agreement is in Exhibit A below. Acceptance This Agreement, including the Terms and Conditions, and any Exhibits attached hereto, will be effective when signed by both parties. In the event of any conflict between this Agreement, the Terms and Conditions and Exhibits, the Agreement shall prevail. By signing this Agreement, you represent to us that you have the proper authority to execute this Agreement on behalf of Bozeman and incur the obligations described in this Agreement on behalf of such company. Signature:Signature: Name: Ted K Jackson Ascendant Strategy Management Group Date Name: ______________ City of Bozeman, MT Date BILLING CONTACT FOR THE INVOICE Contact Name: Jon Henderson, Strategic Services Director Phone Number: (406) 582-2250 Email (multiple if needed): jon.henderson@bozeman.net Address: P.O. Box 1230 Bozeman, MT 59771 230 Page 8 June 11, 2021 1901 N. MOORE STREET, SUITE 502 | ARLINGTON, VA 22209 | 866-568-0590 | INFO@CLEARPOINTSTRATEGY.COM Exhibit A TERMS AND CONDITIONS 1. Privacy & Security; Disclosure Ascendant's privacy and security policies may be viewed at http://www.ascendantsmg.com. Ascendant reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Because the Service is a hosted, online application, Ascendant occasionally may need to notify all users of the Service of important announcements regarding the operation of the Service. If you become a paying customer of the Service, you agree that Ascendant can disclose the fact that you are a paying customer and the edition of the Service that you are using. 2. License Grant & Restrictions Ascendant hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to this Agreement. All rights not expressly granted to you are reserved by Ascendant and its licensors. You may not access the Service if you are a direct competitor of Ascendant, except with Ascendant's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks. 3. Your Responsibilities You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Ascendant immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Ascendant immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another Ascendant user or provide false identity information to gain access to or use the Service. 4. Account Information and Data Ascendant does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You, not Ascendant, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, 231 Page 9 June 11, 2021 1901 N. MOORE STREET, SUITE 502 | ARLINGTON, VA 22209 | 866-568-0590 | INFO@CLEARPOINTSTRATEGY.COM appropriateness, and intellectual property ownership or right to use of all Customer Data, and Ascendant shall not be responsible or liable for the deletion, correction, destruction, damage of Customer Data. In the event this Agreement is terminated (other than by reason of your breach), Ascendant will make available to you a file of the Customer Data in a format agreed upon by the parties within 30 days of termination if you so request at the time of termination. 5. Intellectual Property Ownership Ascendant alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Ascendant Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Ascendant Technology or the Intellectual Property Rights owned by Ascendant. The Ascendant name, the Ascendant logo, and the product names associated with the Service are trademarks of Ascendant or third parties, and no right or license is granted to use them. 6. –Intentionally left blank -- 7. Charges and Payment of Fees You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of total User licenses requested times the User license fee currently in effect. Payments must be made annually in advance unless otherwise mutually agreed upon in an Order Form or through the Online Order Center. All payment obligations are non-cancelable and all amounts paid are nonrefundable. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. You must provide Ascendant with valid credit card or approved purchase order information as a condition to signing up for the Service. An authorized License Administrator may add licenses by executing an additional written Order Form or using the Online Order Center. Added licenses will be subject to the following: (i) added licenses will be coterminous with the preexisting License Term (either Initial Term or renewal term); (ii) the license fee for the added licenses will be the then current, generally applicable license fee; and (iii) licenses added in the middle of a billing month will be charged in full for that billing month. Ascendant reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. 8. Billing and Renewal Ascendant (or its authorized Reseller, where applicable) charges and collects in advance for use of the Service. Ascendant (or its authorized Reseller) will automatically renew and bill your credit card or issue an invoice to you each year on the subsequent anniversary or as otherwise mutually agreed upon. The renewal charge will be equal to the then-current number of total User licenses times the license fee in effect during the prior term, unless Ascendant (or its authorized Reseller) has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. Ascendant's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Ascendant's income. You agree to provide Ascendant (or its authorized Reseller) with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address,and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Ascendant (or its authorized Reseller) reserves the right to terminate your access to the Service in addition to any other legal remedies. If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit. 232 Page 10 June 11, 2021 1901 N. MOORE STREET, SUITE 502 | ARLINGTON, VA 22209 | 866-568-0590 | INFO@CLEARPOINTSTRATEGY.COM 9. Non-Payment and Suspension In addition to any other rights granted to Ascendant herein, Ascendant (or its authorized Reseller, where applicable) reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for User licenses during any period of suspension. If you or Ascendant (or its authorized Reseller) initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that Ascendant (or its authorized Reseller) may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. Ascendant (or its authorized Reseller) reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that Ascendant has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent. 10. Termination upon Expiration/Reduction in Number of Licenses This Agreement commences on the Effective Date. For all editions, the Initial Term will be as you elect during the online subscription process or as otherwise mutually agreed upon in an Order Form. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term (or one year, if the Initial Term is greater than one year) at Ascendant's then current fees. Either party may terminate this Agreement or reduce the number of licenses, effective only upon the expiration of the then current License Term, by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following term. In the case of free trials, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination. In the event this Agreement is terminated (other than by reason of your breach), Ascendant will make available to you a filein a format agreed upon by the parties of the Customer Data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that Ascendant has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination. 11. Termination for Cause Any breach of your payment obligations or unauthorized use of CLEARPOINT or Service will be deemed a material breach of this Agreement. Ascendant, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, Ascendant may terminate a free account at any time in its sole discretion. You agree and acknowledge that Ascendant has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach. In the event that either (a) you terminate this Agreement prior to expiration of the Initial Term, or (b) Ascendant terminates this Agreement prior to expiration of the Initial Term pursuant to Sections 9, 10 or and/or 11 of these Terms and Conditions, Ascendant shall be entitled, in addition to all other remedies available to Ascendant, for the present value of any difference between the Base Annual Rate and Discounted Annual Rate from the date of termination until the end of the Initial Term, pro- rated for any partial years. 12. Representations & Warranties Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Ascendant represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online Ascendant help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct. 233 Page 11 June 11, 2021 1901 N. MOORE STREET, SUITE 502 | ARLINGTON, VA 22209 | 866-568-0590 | INFO@CLEARPOINTSTRATEGY.COM 13. Mutual Indemnification You shall indemnify and hold Ascendant, its licensors, its authorized Resellers, and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that Ascendant (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Ascendant of all liability and such settlement does not affect Ascendant's business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim. Ascendant shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by Ascendant of its representations or warranties; or (iii) a claim arising from breach of this Agreement by Ascendant; provided that you (a) promptly give written notice of the claim to Ascendant; (b) give Ascendant sole control of the defense and settlement of the claim (provided that Ascendant may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to Ascendant all available information and assistance; and (d) have not compromised or settled such claim (iv) a claim alleging breach, loss, negligent, intentional or reckless storage of Customer Data. Ascendant shall have no indemnification obligation, and you shall indemnify Ascendant pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware or business process(s). 14. Disclaimer of Warranties ASCENDANT AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. ASCENDANT AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY ASCENDANT AND ITS LICENSORS. 15. Internet Delays ASCENDANT'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ASCENDANT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. 16. Limitation of Liability 234 Page 12 June 11, 2021 1901 N. MOORE STREET, SUITE 502 | ARLINGTON, VA 22209 | 866-568-0590 | INFO@CLEARPOINTSTRATEGY.COM IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED FIVE TIMES THE TOTAL CONTRACT AMOUNT. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 17. Additional Rights Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you. 18. Local Laws and Export Control This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. The user of this site ("User") acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000 Ascendant and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, Switzerland and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States, Swiss or European Union (including European Union Member States) law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes. Ascendant represents that your data will be exclusively stored in the United States. 19. Notice Ascendant may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Ascendant's account information, or by written communication sent by first class mail or pre-paid post to your address on record in Ascendant's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Ascendant (such notice shall be deemed given when received by Ascendant) at any time by any of the following: electronic mail to the Ascendant representative e-mail address managing customer’s account information: tjackson@clearpointstrategy.com; letter sent by confirmed facsimile to Ascendant at the following fax number: (617) 848-2941; letter delivered by nationally recognized 235 Page 13 June 11, 2021 1901 N. MOORE STREET, SUITE 502 | ARLINGTON, VA 22209 | 866-568-0590 | INFO@CLEARPOINTSTRATEGY.COM overnight delivery service or first class postage prepaid mail to Ascendant at the following addresses: Ascendant Strategy Management Group, 75 Arlington Street, 5th Floor, Boston, MA 02116, addressed to the attention of: Chief Financial Officer. 20. Modification to Terms Ascendant reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon postingand noticingof an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. 21. Assignment; Change in Control This Agreement may not be assigned by you without the prior written approval of Ascendant but may be assigned without your consent by Ascendant to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any assignee of Ascendant is bound to this Agreement for the remainder of the term. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of Ascendant directly or indirectly owning or controlling 50% or more of you shall entitle Ascendant to terminate this Agreement for cause immediately upon written notice. 22. General This Agreement shall be governed by Montana law and controlling United States federal law. No text or information set forth on any other purchase order, preprinted form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Ascendant as a result of this agreement or use of the Service. The failure of Ascendant to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Ascendant in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and Ascendant and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. 23. Definitions As used in this Agreement and in any Order Forms now or hereafter associated herewith: "Agreement" means these online terms of use, any Order Forms, whether written or submitted online via the Online Order Center, and any materials available on the Ascendant website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Ascendant from time to time in its sole discretion; "Content" means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service; "Customer Data" means any data, information or material provided or submitted by you to the Service in the course of using the Service; "Effective Date" means the earlier of either the date this Agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed or the date you begin using the Service; "Initial Term" means the contract term, beginning on the contract start date and ending on the contract end date, specified on the applicable Order Form; "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; "License Administrator(s)" means those Users designated by you who are authorized to purchase licenses online using the Online Order Center or by executing written Order Forms and to create User accounts and otherwise administer your use of the Service; "License Term(s)" means the period(s) during which a specified number of Users are licensed to use the Service pursuant to the Order Form(s); "Order Form(s)" means the form evidencing the initial subscription for the Service and any subsequent order forms submitted online or in written form, specifying, among other things, the number of licenses and other services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of this 236 Page 14 June 11, 2021 1901 N. MOORE STREET, SUITE 502 | ARLINGTON, VA 22209 | 866-568-0590 | INFO@CLEARPOINTSTRATEGY.COM Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail); "Online Order Center" means Ascendant's online application that allows the License Administrator designated by you to, among other things, add additional Users to the Service; "Ascendant" means collectively Ascendant Strategy Management Group, LLC, a Massachusetts corporation, having its principal place of business at 75 Arlington Street, 5th Floor, Boston, MA 02116. "Ascendant Technology" means all of Ascendant's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by Ascendant in providing the Service; "Service(s)" means the specific edition of Ascendant's online customer relationship management, billing, data analysis, or other corporate ERP services identified during the ordering process, developed, operated, and maintained by Ascendant, accessible via http://www.AscendantSMG.com or another designated web site or IP address, or ancillary online or offline products and services provided to you by Ascendant, to which you are being granted access under this Agreement, including the Ascendant Technology and the Content; "User(s)" means your employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by you (or by Ascendant at your request). Questions or Additional Information: If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to info@ascendantsmg.com. 237 Page 15 June 11, 2021 1901 N. MOORE STREET, SUITE 502 | ARLINGTON, VA 22209 | 866-568-0590 | INFO@CLEARPOINTSTRATEGY.COM EXHIBIT B: CLEARPOINT SOFTWARE FEATURES 238 Page 16 June 11, 2021 1901 N. MOORE STREET, SUITE 502 | ARLINGTON, VA 22209 | 866-568-0590 | INFO@CLEARPOINTSTRATEGY.COM 239 Memorandum REPORT TO:City Commission FROM:Natalie Meyer, Sustainability Program Manager Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with OnSite Energy for Solar Site Assessments for City Facilities MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with OnSite Energy for solar site assessments for city facilities. STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND: On December 22, 2020, the Bozeman City Commission adopted the Bozeman Climate Plan, which calls for 100 percent net clean electricity for city facilities by 2025. Rooftop solar photovoltaic (PV) systems support Bozeman’s clean energy and greenhouse gas emissions goals and can provide resilience benefits. The City of Bozeman has helped advance rooftop solar deployment in Montana with installations at the Bozeman Public Library (16.7 kW) and Bozeman City Hall (7.2 kW). More recently, the City of Bozeman announced that the Bozeman Public Safety Center will incorporate a 264 kW rooftop and parking canopy solar array that will generate approximately 30 percent of the anticipated electric use of the facility, providing long-term financial savings to the community. Coupling the Public Safety Center’s solar array with a future energy storage system will further support community resilience during power outages. By conducting solar site assessments for city buildings, the City of Bozeman can plan and prioritize future opportunities for distributed solar resources. The solar site assessments will focus on six (6) city buildings: 240 Bozeman City Hall (system expansion) Bozeman Public Library (system expansion) Alfred Stiff Professional Building Bridger View Parking Garage Vehicle Maintenance Building Story Mill Community Center The assessments will provide an in-depth load analysis based on current and future load, physical attributes of the facility, and a survey of site constraints and variables. A solar system feasibility report will be provided that includes a recommended solar array layout, summary of design criteria, observations of existing structural system and electrical service/distributions system, detailed energy production modeling, and a financial analysis. The solar feasibility report will help further quantify our local generation potential towards achieving our 2025 clean energy goals. This project complements current efforts to develop a utility-scale renewable rate option (i.e. green tariff) with the utility and other Montana communities. OnSite Energy was selected to provide professional services for this project pursuant of the City of Bozeman purchasing policy. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The total cost for this project is $17,300 and not to exceed $20,000 based on the optional professional engineering services provided in the Scope of Work. Funding is authorized under the current FY21 Sustainability Division professional services budget. Attachments: Professional Services Agreement with Onsite Energy for Solar Site Assessments_20210622.pdf Report compiled on: June 10, 2021 241 Professional Services Agreement for Solar Site Assessments for City Facilities FY 2021 – FY 2022 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, OnSite Energy, 1515 N. Rouse Ave, Bozeman, MT, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose : City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 30th day of November, 2021, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations : To induce City to enter into this Agreement, Contractor makes the following representations: 242 Professional Services Agreement for Solar Site Assessments for City Facilities FY 2021 – FY 2022 Page 2 of 11 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. 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 243 Professional Services Agreement for Solar Site Assessments for City Facilities FY 2021 – FY 2022 Page 3 of 11 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 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 244 Professional Services Agreement for Solar Site Assessments for City Facilities FY 2021 – FY 2022 Page 4 of 11 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 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 245 Professional Services Agreement for Solar Site Assessments for City Facilities FY 2021 – FY 2022 Page 5 of 11 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. 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. 246 Professional Services Agreement for Solar Site Assessments for City Facilities FY 2021 – FY 2022 Page 6 of 11 c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 247 Professional Services Agreement for Solar Site Assessments for City Facilities 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 Natalie Meyer 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 Conor Darby 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 248 Professional Services Agreement for Solar Site Assessments for City Facilities 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. 249 Professional Services Agreement for Solar Site Assessments for City Facilities 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 250 Professional Services Agreement for Solar Site Assessments for City Facilities 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. 251 Professional Services Agreement for Solar Site Assessments for City Facilities 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 run longer than June 30, 2022. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 252 2 Exhibit A - Scope of Work - Commercial Solar Project Facility Inspections, Load Analyses, and Feasibility Reporting for Potential Photovoltaic System Integration Below is an itemized scope of work to be completed for each of the following (six) City of Bozeman facilities: •Bozeman City Hall •Bozeman Public Library •Stiff Professional Building •Bridger View Parking Garage •Vehicle Maintenance Shop •Story Mill Community Center 1.In-depth site assessment including, but not limited to, the following: •Load analysis of the facility (present and future projected load) •Physical attributes of the facility, with respect to the potential integration of a PV system •Construction plan set review (if applicable) •Survey of facility personnel for constraints and preferences for equipment locations, access walkways, and maintenance concerns •Identification of site variables such as shading from nearby trees and buildings, roof age, type and condition 2.Solar system feasibility report consisting primarily of, but not limited to, the following: •Recommended solar array layout, in account of physical space available and applicable building codes •Recommended product selection and summary of design criteria •Recommended equipment locations and method of system interconnection •Observations on existing structural system and electrical service/distribution system, with respect to the potential integration of a PV system •Detailed energy production modeling using advanced, industry-specific software •Financial analysis including project cost estimates and basic return on investment and levelized cost of energy estimates Consulting Fee for Six Feasibility Reports: $10,800 Professional Insurance Policy: $6,500 Total Bid Price: $17,300 Target Project Completion Date: September 1st, 2021 Optional Items (excluded from base bid price): P.E. Stamped Structural Analysis and Letter, per facility = $2,500 P.E. Stamped Electrical Drawings, per facility = $1,500 The following items are not included in the above cost estimate: •City of Bozeman permit application and required documentation •RFP specific documents for project to go out to bid •Interconnection documents/applications required by utility company (NorthWestern Energy) 253 Memorandum REPORT TO:City Commission FROM: Luke Kline, Contracts Coordinator Mitch Overton, Director of Parks and Recreation Chuck Winn, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Playco Park Builders Inc. for Installation of Playground Equipment at Oak Meadows Park. MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with Playco Park Builders Inc. for installation of playground equipment at Oak Meadows Park. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND: The City Commission approved Resolution 4830 adopting the amended master plan for Oak Meadows Park on July 17, 2017. The same date, the Commission approved Resolution 4831 to allocate Cash-in-lieu of Parkland funds for up to $102,600.00 for the construction of improvements in Oak Meadows Park. In the summer of 2020, consistent with the Oak Meadows Master plan Amendment design a playground was scheduled to be installed at the Park. The Parks Department contracted the professional services Playco Park Builders Inc. to complete the project. Due to the COVID 19 pandemic the project was postponed. The Professional Service Agreement including and Attachment A scope of services will reestablish the contract with Playco Park Builders Inc. to complete the project. The total amount authorized by is not to exceed $15,063.00. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the commission. 254 FISCAL EFFECTS:The total of the contract is $15,063, with work to be completed during the summer of 2021. Cash-in-lieu of Parkland funding was applied for and awarded via Resolution 4831. Attachments: PSA Playco Park Builders Inc..pdf Report compiled on: May 20, 2021 255 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 22nd 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, PLAYCO PARK BUILDERS, INC., PO Box 662, Logan, UT 84323, 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 October, 2021, unless earlier terminated in accordance with this Agreement. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor the amount specified in the Scope of Services in Attachment A the project total cost is not to exceed $15,063.00. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5.Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: Professional Services Agreement for Playground Installation at Oak Meadows Park FY 2021 – FY 2022 Page 1 of 11 256 Professional Services Agreement for Playground Installation at Oak Meadows Park FY 2021 – FY 2022 Page 2 of 11 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. 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. 257 Professional Services Agreement for Playground Installation at Oak Meadows Park FY 2021 – FY 2022 Page 3 of 11 Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under 258 Professional Services Agreement for Playground Installation at Oak Meadows Park FY 2021 – FY 2022 Page 4 of 11 this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. 259 Professional Services Agreement for Playground Installation at Oak Meadows Park FY 2021 – FY 2022 Page 5 of 11 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8.Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately 260 Professional Services Agreement for Playground Installation at Oak Meadows Park FY 2021 – FY 2022 Page 6 of 11 in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10.Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Luke Kline, Contracts Coordinator, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. 261 Professional Services Agreement for Playground Installation at Oak Meadows Park FY 2021 – FY 2022 Page 7 of 11 b.Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Paul Gibson or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position 262 Professional Services Agreement for Playground Installation at Oak Meadows Park FY 2021 – FY 2022 Page 8 of 11 require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17.Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in 263 Professional Services Agreement for Playground Installation at Oak Meadows Park FY 2021 – FY 2022 Page 9 of 11 compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the 264 Professional Services Agreement for Playground Installation at Oak Meadows Park FY 2021 – FY 2022 Page 10 of 11 balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 265 Professional Services Agreement for Playground Installation at Oak Meadows Park FY 2021 – FY 2022 Page 11 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 266 Playco Park Builders Inc. PO Box 662 Logan, UT 84323 303-986-0576 Estimate ADDRESS City of Bozeman PO BOX 1230 Bozeman MT 59771 ESTIMATE #DATE EXPIRATION DATE 4877R3 06/10/2021 08/20/2020 TRACKING NO. 4877R3 ACTIVITY DESCRIPTION QTY RATE AMOUNT 0.00 0.00 1 1,350.00 1,350.00 1 895.00 895.00 1 6,900.00 6,900.00 58 8.50 493.00 1 3,950.00 3,950.00 1 1,475.00 1,475.00 0.00 0.00 Oodle Swing 1-bay Playground Installtion Boarders mob Travel costs Oak Meadows Park Bozeman Montana Installation of Burke Volito Swing Installation of one bay Swing Set Installation of playground structure Installation of plastic 4'-4" x 12" x 4" borders. price per 4' border. Cost to mobilize Travel (includes hotel and per diem) costs Price dose not include prevailing wage, Davis Bacon Wages, Montana Labor Act or certified payroll if any of them apply it will be an additional cost to the final invoice Price assumes all playground equipment is delivered to site, off loaded and staged by others . Price assumes truck access to work area. Price does not include permits or inspections unless otherwise stated. Playco Park Builders inc. will not be responsible for damage to unmarked utilities or irrigation lines. Price does not include repairs to landscape due to completion of scope of work or access. Price does not include prevailing wages or Certified Payroll unless stated. Price is good for 90 days. Price assumes all footing spoils to remain on site unless otherwise stated. Price includes storage of equipment at Playco's yard for up to 30 days, additional storage may be subject to additional charges. Any work not included on this form will not be covered by this price. Any additional charges due to hard digging conditions may be charged. Price assumes all work to be done at one time unless otherwise stated, additional mobilizations will have additional charges. Price assumes the complete scope of work. Additional insurances will be an additional charge. TOTAL $15,063.00 Attachment A 267 Memorandum REPORT TO:City Commission FROM:David Fine, Urban Renewal Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement Term Contract with Economic and Planning Systems (EPS) for Professional Services to Support Economic Development and Community Housing Programs and Task Order 1 under the Term Contract MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to signa professional services agreement term contract with Economic and Planning Systems (EPS) for professional services to support economic development and community housing programs and a task order 1 under the term contract. STRATEGIC PLAN:2.1 Business Growth: Support retention and growth of both the traded and local business sectors while welcoming and encouraging new and existing businesses, in coordination with the Economic Development Plan. BACKGROUND:Term Contract Background: Economic and Planning Systems, Inc. (EPS) and their team members Bridge Economic Development and Agency Landscape + Planning were selected for a five year term contract following a competitive request for proposals (RFP) process. EPS and their team will provide highly technical professional services to support the City's economic development and community housing programs. The Term Contract enables the City to maintain a continuity of advice and approach across projects, ordering services from the overall scope of service as needed using written task orders. Task Order 1 Background: The City wants to produce an annual report on the economy and demographic data, the commercial real estate market and housing and affordability. The document will "inform real estate and policy maker stakeholders on market trends and conditions in Greater Bozeman." "The targeted audience for these market materials include real estate and builder interests, lenders, economic development prospects, affordable housing advocates, and policymakers." Staff expect a higher cost for the first project since the consultants will need spend time refining the data and approach that they will use in subsequent reports. Standardizing this approach will 268 allow stakeholders to track trends over time and use data to guide policy and business decisions. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the Bozeman City Commission. FISCAL EFFECTS:There is no fiscal effect to the Professional Services Agreement, since all orders for services will be assigned to written task orders. For the Task Order 1, EPS will bill for its services on a lump sum basis with a project total of $35,680. Funding for the work is available in funds allocated to professional services in the Economic Development Department budget. Attachments: EPS PSA FY22-27.docx EPS Task Order 1 Form.docx 213051-EPS Market Update Scope 06-07-2021.pdf Report compiled on: June 8, 2021 269 Professional Services Agreement for Economic and Planning Systems, Inc. Term Contract FY 2021 – FY 2027 Page 1 of 13 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA,a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, ECONOMIC AND PLANNING SYSTEMS, INC., 730 17th Street, Suite 630, Denver, CO 80202, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2.Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 30 day of June 2026, or the completion of any written Task Order initiated prior to June 30, 2026 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 specific services and corresponding schedule as mutually agreed upon by City and Contractor and included in each individual Task Order executed under the authority of this Agreement. Task Orders shall be attached and made part of this Agreement. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: The terms of compensation to Contractor shall be agreed upon and included in each Task Order. City agrees to pay Contractor the amount specified in the individual Task Orders. 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 270 Professional Services Agreement for Economic and Planning Systems, Inc. Term Contract FY 2021 – FY 2027 Page 2 of 13 become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b.Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor 271 Professional Services Agreement for Economic and Planning Systems, Inc. Term Contract FY 2021 – FY 2027 Page 3 of 13 specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligationsshall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance 272 Professional Services Agreement for Economic and Planning Systems, Inc. Term Contract FY 2021 – FY 2027 Page 4 of 13 policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractorshall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. 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 273 Professional Services Agreement for Economic and Planning Systems, Inc. Term Contract FY 2021 – FY 2027 Page 5 of 13 and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8.Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: 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. 274 Professional Services Agreement for Economic and Planning Systems, Inc. Term Contract FY 2021 – FY 2027 Page 6 of 13 b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10.Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages 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 David Fine, Urban Renewal Program Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or 275 Professional Services Agreement for Economic and Planning Systems, Inc. Term Contract FY 2021 – FY 2027 Page 7 of 13 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 Brian Duffany, Executive Vice President, or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c.Notices:All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. 276 Professional Services Agreement for Economic and Planning Systems, Inc. Term Contract FY 2021 – FY 2027 Page 8 of 13 The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. 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. 277 Professional Services Agreement for Economic and Planning Systems, Inc. Term Contract FY 2021 – FY 2027 Page 9 of 13 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 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. 278 Professional Services Agreement for Economic and Planning Systems, Inc. Term Contract FY 2021 – FY 2027 Page 10 of 13 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof 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. 279 Professional Services Agreement for Economic and Planning Systems, Inc. Term Contract FY 2021 – FY 2027 Page 11 of 13 **** 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 280 Professional Services Agreement for Economic and Planning Systems, Inc. Term Contract FY 2021 – FY 2027 Page 12 of 13 Exhibit “A” SCOPE OF SERVICES The selected consultant may assist the City on any task defined by the general scope of work as directed by written task order. A) Economic Development Strategy and Implementation Provide strategic, data-driven advice regarding the feasibility of various development types and projects and provide guidance on the tools, public infrastructure, programs, partnerships, incentives and policies that can stimulate the desired development. Background and experience in analyzing regulations and development codes and policies to support strategic objectives Commercial and Mixed-Use District Development strategies and implementation. Perform market analysis to support policy and land use decisions. Create strategic Economic Development Strategies and Action Plans Create data driven marking materials that reflect community assets to welcome talent and business for key clusters B) Economic Development and Real Estate Financial Analysis Provide robust and data rich assessments of Bozeman and Gallatin County’s real estate and housing market. o Regional growth trends related to population, employment including tracking key employment sectiors, and demographic data o For-sale Market o Rental Market o Commercial and Residential Market Trends o Affordability Indicators Provide data driven analysis to support economic development strategy and implementation of that strategy. C) Public-Private Partnerships Assist in negotiating and structuring public-private partnerships that are beneficial to the City of Bozeman. o Provide guidance on the development of shared structured and surface parking facilities. o Provide guidance on attracting and facilitating mixed use investment in key districts. o Provide guidance on the development of workforce and affordable housing projects, deal structures and incentives Provide robust and detailed analysis and financial pro formas to examine the financial feasibility of specific projects and provide gap financing analysis to right size economic development incentives. Project TIF cash flows based on existing projects and projected projects to assist with obtaining financing, including bonding. 281 Professional Services Agreement for Economic and Planning Systems, Inc. Term Contract FY 2021 – FY 2027 Page 13 of 13 D) Building and Development Conceptualization Provide ongoing assistance in developing Bozeman’s mixed-use districts as a specific kinds of places by working with property owners and developers to advance building concepts and formats that are consistent with the aspirations of Bozeman’s guiding plans, while staying feasible in Bozeman’s real estate market. The firm or team will demonstrate competency in urban and landscape planning and design and be able to produce visioning documents that show the integration of plans and projects with the built environment. 282 City of Bozeman Term Contract with Economic and Planning Systems, Inc. Task Order Number 1 PROJECT:Economic Development and Community Housing Services Issued under the authority of the City of Bozeman Professional Services Agreement Term Contract with Economic and Planning Systems, Inc. to support Economic Development and Community Housing programs. This Task Order is dated [] between the City of Bozeman Economic Development Department and Economic and Planning Systems, Inc. (EPS) (Contractor). The following representatives have been designated for the work performed under this Task Order: City: David Fine, Urban Renewal Program Manager Contractor: Brian Duffany, Executive Vice President SCOPE OF WORK:The scope for this task order is detailed in the attached Market Update Proposal. COMPENSATION:EPS will bill for its services on a lump sum basis with a project total of $35,680. The provisions of the Professional Services Agreement Term Contract 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 Brian Duffany City Manager Executive Vice President 283 Economic & Planning Systems, Inc. 1 Market Update Proposal Project Understanding This Scope of Work defines a process with the City of Bozeman of designing and producing an annual or other periodic Market and Economic Conditions document and supporting material. Below, a concise objectives statement is provided for guidance and a description of the Scope of Work. After the Scope of Work, a draft list of data and metrics to be compiled is provided in three categories: • Economy and General Demographics • Commercial Real Estate Market • Housing and Affordability Objectives • Design a document and data update process that can be done on an annual basis to inform real estate and policy maker stakeholders on market trends and conditions in Greater Bozeman. • Produce a reader-friendly document and accompanying summary material and graphics for display on economic development or City websites or social media channels. • The targeted audience for these market materials include real estate and builder interests, lenders, economic development prospects, affordable housing advocates, and policymakers. Scope of Work The Scope of Work contains 5 tasks: • Task 1: Define Metrics. This task covers discussions with EPS and the City to define the initial metrics to be included. The exact data points or metrics to be included may shift as the document and material are developed, but this task will give general direction. • Task 2: Compile and Analyze Data. This includes the work by EPS with support from Staff to gather the information needed. We anticipate collecting a greater range of data than will ultimately be included in the report. After analyzing the data and working with staff we will select the most meaningful indicators for inclusion. EPS will analyze the data and information to create meaningful “takeaways” that inform the private sector and policy makers. 284 Bozeman Economic Development Planning • Task 3: Market Update Outline and Examples. EPS will prepare an outline of the report to review with staff. We will also perform a literature search for examples prepared by other communities or economic development organizations (EDOs). • Task 4: Report and Graphic Preparation. EPS will prepare a draft document for review by City staff followed by a revised final report. We anticipate three rounds of revisions in this budget from comments consolidated by the City. The document will be concise and emphasize charts and other graphics, and text highlighting key takeaways and messages. At the scoping level, we will aim for a graphic-heavy document in the 10 to 20 page range that can be easily viewed online or printed. EPS and Staff will also determine what content should be published online and what graphics are needed (Task 6). • Task 5: Graphic Support. This task includes graphic design services to be completed by EPS staff or subcontracted depending on requirements. Key Data and Metrics Metric/Trend Area Source Notes Economy and General Demographics Wage and salary job growth in total and by industry (economic base) Gallatin County BLS/QCEW +/- 6 mo. lag from current Wages overall and by industry Gallatin County BLS/QCEW +/- 6 mo. lag from current Major employers Gallatin County EPS and Staff research Proprietor’s employment Gallatin County BEA 18 mo. lag Non-wage income Gallatin County BEA 18 mo. lag Unemployment rate Gallatin County BLS Current Population Survey (CPS) Population and household growth Gallatin County by place Census/ACS Net migration Gallatin County Census Flow Mapper MSU On-Campus Enrollment MSU MSU 285 Metric/Trend Area Source Notes Commercial Real Estate Market Office construction/inventory Gallatin County by place MT Dept. of Commerce (parcel data, GIS analysis) CoStar Need to check CoStar for improved market coverage vs. 2017 Bozeman staff to do GIS analysis? Office vacancy rate and rents Bozeman CoStar, local brokerages Check CoStar Industrial, flex construction/inventory Gallatin County by place MT Dept. of Commerce (parcel data, GIS analysis) CoStar Need to check CoStar for improved market coverage vs. 2017 Bozeman staff to do GIS analysis? Industrial, flex vacancy rate and rents Bozeman CoStar, local brokerages Check CoStar Major retailers (list only) Bozeman EPS and staff research Metric/Trend Area Source Notes Housing and Affordability Building permits by type (single family, multifamily) Bozeman Belgrade Gallatin County Cities and County Develop metrics to compare against job growth Bozeman & Gallatin County EPS analysis, LEHD On the Map for City employment How is supply keeping up with job growth? Home prices: average and price distribution by type Bozeman Greater Bozeman MLS areas Realtor partner Realtor partner needed. Provide defined query/report regularly. Apartment rents - average Bozeman CoStar, realtor partner CoStar, realtor partner Income needed to afford average home price and rent Bozeman EPS Can express multiple ways: annual wage, number of earners, etc. Second homes Bozeman Census/ACS Vacant for seasonal use census definition Cost burden Bozeman Census/ACS 286 Bozeman Economic Development Planning Cost As shown below, the proposed budget is not to exceed $35,680 without authorization from the Client. The graphic design task 6 equates to approximately 30 hours of labor at an average billing rate of $150 per hour. Task 6 could be completed by EPS or with support from another firm on the on-call contract team such as Agency Landscape + Planning. Task Principal &Associate Research Budget Exec. V.P. [1]Analyst Billing Rate $240 $135 $105 Task 1: Define Metrics 8 0 0 $1,920 Task 2: Compile and Analyze Data 8 24 16 $6,840 Task 3: Market Update Outline and Examples 8 16 0 $4,080 Task 4: Report and Graphic Preparation 24 40 16 $12,840 Task 5: Graphic Support ---------$5,000 Total Labor 48 80 32 $30,680 Graphic Support $5,000 Travel Expenses $0 Total Budget $35,680 [1] Includes Executive VP hours at $215 per hour. Z:\Shared\Proposals\DEN\213051-Bozeman ED, TIF Projects, and Development Planning\June Scope of Work\[213051 Market Update Budget.xlsx]BUDGET 287 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign a Task Order Number 18 for the Right of Way Acquisition Project for Story Mill Road Reconstruction from Bridger Drive to Griffin Drive and the Bridger/Story Mill Intersection MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Authorize the City Manager to sign a task order number 18 for the Right of Way Acquisition Project for Story Mill Road Reconstruction from Bridger Drive to Griffin Drive and the Bridger/Story Mill Intersection. 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 Task Order Number 18 with Sanderson Stewart for the Right of Way Acquisition Project for parcels on Story Mill Road between Bridger Drive and Griffin Drive. The design of the improvements project for Story Mill Road Road between Bridger Drive and Griffin Drive is nearing completion. There are 5 parcels along the corridor that will require temporary and/or permanent easements in order to complete the improvements. The City has a term contract with Sanderson Stewart for right of way acquisition services. This task order will add the right of way acquisition for the parcels along the Story Mill corridor to the existing contract. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The proposed fee for this scope of work is paid on a time and materials basis with a total cost not to exceed amount of $20,726.00. Attachments: ROW Acquisition Task Order #18 Story Mill Road.pdf Report compiled on: June 8, 2021 288 _____ Initials June 7, 2021 Mr. Bob Murray, PE City of Bozeman 20 East Olive St. Bozeman, MT 59715 Reference: City of Bozeman Land Agent Services Project Scope of Services – Task Order No. #18 Story Mill Road R/W Acquisition Dear Mr. Murray: Sanderson Stewart is pleased to provide this scope of services for land agent services for street and utility improvements for the Story Mill Road corridor from Bridger Drive to Griffin Drive. These services are to be performed under the Professional Services Agreement for Streets and Land Agent Services term contract (FY 2018 – FY 2020) for realty and engineering services. If this scope of services is acceptable to you, please execute this agreement where noted. Overview We understand the City of Bozeman intends to construct street and utility improvements in the Story Mill Road corridor in the near future. The future project improvements will provide improved public transportation and utility facilities to cover current and future development growth in the north-eastern part of Bozeman. To facilitate the improvements, additional permanent and temporary right-of-way is required. Sanderson Stewart will provide professional right-of-way (R/W) acquisition services to acquire new R/W for the project as shown on the attached Figure 1. Scope of Work Sanderson Stewart will provide the following services as part of its basic services: 1. Project Research This task includes the preliminary R/W activities to obtain pertinent project information. Subtasks under Item 1 include the following: · Obtain and review available preliminary design plans and project documentation. · Coordination meeting with the project team members · Obtain current deeds and ownership information. TG 289 Mr. Bob Murray June 7, 2021 Page 2 _____ Initials 2. Initial Property Owner Contact This task includes initiating coordination efforts with affected property owners. Subtasks under Item 2 include the following: · Compile contact information. · Initiate contact with owners. · Conduct pre-acquisition meetings with affected property owners. 3. R/W Mapping & Exhibits This task consists of the preparation of R/W exhibits to acquire property interests. Subtasks under Item 3 include the following: · Sanderson Stewart is under contract to design the road project and will provide any available proposed design and right-of-way plans/drawings for the project area. · Permanent easements and temporary construction permits adjacent to Story Mill Road will be acquired on two (2) parcels of land (Parcels 1 and 2). · Temporary construction permits (only) will be acquired on three (3) parcels of land (Parcels 3, 6, and 7). · Prepare preliminary easement/permit exhibits for 5 parcels of land. · QA/QC of exhibits 4. Title Commitments This task consists of the preparation of title commitments for affected property interests. Subtasks under Item 4 include the following: · A title commitment will be secured for Parcel 2 requiring permanent easement acquisition with compensation. · Team coordination 5. Appraisals and Valuations This task includes the preparation of valuation documents to value the property rights to be acquired. Subtasks under Item 5 include the following: · A waiver valuation will be completed for Parcel 2 by Sanderson Stewart for simple acquisitions. · For parcels with temporary construction permit acquisitions, the R/W agreements will include lump sum compensation amounts for each permit as determined by the City (Parcels 3, 6 and 7). · Valuation documents will not be prepared for Parcel 1 as compensation amounts will not be included in the R/W agreement. Parcel 1 is being redeveloped and will be required to dedicate the necessary R/W as part of the City’s development process. TG 290 Mr. Bob Murray June 7, 2021 Page 3 _____ Initials · A compensation package is not anticipated nor will be prepared for Parcel 8. · Team coordination · QA/QC of waiver valuations 6. Prepare Contracts This task includes the preparation of the offer packages to acquire R/W, including agreements, easements, temporary construction permits, exhibits, figures, and correspondence letters. Subtasks under Item 6 include the following: · Parcel 1 is being redeveloped and will be required to dedicate the necessary R/W as part of the City’s development process. The R/W agreement will address the required permanent easement and temporary construction permit for this project. · Permanent easements and temporary construction permits adjacent to Story Mill Road will be prepared for two (2) parcels of land (Parcels 1 and 2). · Temporary construction permits (only) will be prepared for three (3) parcels of land (Parcels 3, 6, and 7). · Parcel 8 is a private business sign in public R/W (Lawson’s Greenhouse). Sanderson Stewart will coordinate the removal or relocation of the sign, including preparation of a R/W agreement or encroachment agreement, as necessary. · Prepare acquisition documents including R/W agreements, maps and project information. · Prepare acquisition cost details and summary. · Compile offer packages to acquire easements and/or permits for Parcels 1-3, 6 and 7, and prepare a R/W agreement for Parcel 8, as required. · QA/QC of documents. 7. Acquisitions This task includes conducting the acquisition meetings with affected property owners and modifying the initial offer packages based on owner/client meetings. Subtasks under Item 7 include the following: · Conduct acquisition meetings (minimum of 3 meetings per parcel). · Conduct acquisition meetings with property owners of Parcels 1-3, and 6-8. · Prepare final acquisition documents for all affected parcels. · Prepare final acquisition costs for all affected parcels. · QA/QC of documents. TG 291 Mr. Bob Murray June 7, 2021 Page 4 _____ Initials 8. R/W and Design Plan Updates This task includes updating the right-of-way acquisition exhibits and documents based on design changes, if required. 9. Relocation Services This task is not included in this scope of services. 10. Title Clearing and Closing This task includes coordinating and completing the title closing process with the title company. Subtasks under Item 10 include the following: · Prepare final title transfer documents and complete closing meetings for Parcel 2 (only) requiring permanent property acquisition with compensation. · Obtain mortgage releases, clear taxes and liens, as required. · Submittal of completed R/W acquisition offer packages to the City for review and execution. · Attend closing meetings. · Team coordination. 11. Final Submittal and Closeout This task includes the final project activities to finalize and submit executed acquisition documents. Subtasks under Item 11 include the following: · Prepare completed R/W acquisition project submittal packet. · Deliver completed title transfer documents. · Project closeout. 12. Contingency The scope of services for this project includes all the necessary steps to acquire property interests from private owners. A majority of the acquisition process relies on good cooperation and timely responses from all parties involved in the process. Due to the nature of coordination activities, the amount of time required to work with individual property owners varies significantly. This task serves to capture the potential additional costs incurred during the acquisition process due to challenging coordination activities with property owners. TG 292 Mr. Bob Murray June 7, 2021 Page 5 _____ Initials 13. Project Administration This task includes activities to manage the project requirements, deliverables, and tasks. Subtasks under Item 13 include the following: · Project status updates · Budget and schedule monitoring and planning · Invoicing and billing The following items are not included in the scope of services or project budget for this project and are therefore specifically excluded from this scope of services: · Engineering or right-of-way design services · Eminent domain proceedings, expert witness testimony, costs, or other services necessary for legal proceedings · Additional costs related to the actual purchase price of property interests as detailed in R/W acquisition agreements · Relocation costs paid to property owners as detailed in R/W acquisition agreements If needed, these items will be added as a separate task order or contract amendment. Services not set forth above as basic services are specifically excluded from the scope of Sanderson Stewart’s services. Sanderson Stewart assumes no responsibility to perform any services not specifically listed as basic services. Additional services are not included in the basic services. If the Client and Sanderson Stewart agree in writing via an amendment to this agreement, Sanderson Stewart will provide additional services as requested by the Client. Notwithstanding the foregoing, Sanderson Stewart shall have the right, but not the obligation, to provide, without advance authorization from the Client, other services made necessary by the default of the contractor or Client, or by deficiencies, delays, or defects in the work provided by the contractor. Sanderson Stewart shall provide written notice of the provision of such services as soon as reasonably possible. Project Schedule Once Sanderson Stewart receives Client’s authorization to proceed, Sanderson Stewart will immediately proceed with fulfilling the project scope of services. The intent is to complete the R/W acquisition activities in as short amount of time as necessary. The Client and Sanderson Stewart are aware that many factors outside Sanderson Stewart’s control may affect Sanderson Stewart’s ability to complete the services to be provided under this agreement. Sanderson Stewart will perform these services with reasonable diligence and expediency consistent with sound professional practices. TG 293 Mr. Bob Murray June 7, 2021 Page 6 _____ Initials Fees and Billing Arrangements Invoice and Billing: Sanderson Stewart will bill for its services on a time-and-materials basis with a total cost not to exceed $20,726.00. Sanderson Stewart will begin work once this agreement has been executed by both parties. Right-of-Way Acquisition 1. Project Research $664.00 2. Initial Property Owner Contact $290.00 3. R/W Mapping & Exhibits $2,900.00 4. Title Commitments $445.00 5. Appraisals and Valuations $1,160.00 6. Prepare Contracts $3,020.00 7. Acquisitions $9,032.00 8. R/W and Design Plan Updates $580.00 9. Relocation Services $0.00 10. Title Clearing and Closing $435.00 11. Final Submittal and Closeout $580.00 12. Contingency $1,160.00 13. Project Administration $460.00 Total $20,726.00 Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. Such invoices shall also include, separately listed, any charges for consultants retained by Sanderson Stewart, and reimbursable costs. Such invoices shall be submitted by Sanderson Stewart as soon as possible after the end of the month in which the work was accomplished and shall be due and payable by the Client upon receipt. The Client agrees that the monthly invoice from Sanderson Stewart is correct, conclusive, and binding on the Client unless the Client, within 20 working days from the date of receipt of such invoice, notifies Sanderson Stewart in writing of alleged inaccuracies, discrepancies, errors in the invoice, or the need for additional backup. Conclusion Mr. Murray, we look forward to working with you on this very exciting project. Feel free to call me at 406/922-4304 if you have any questions regarding this proposal. Otherwise, if it meets your TG 294 Mr. Bob Murray June 7, 2021 Page 7 _____ Initials approval, simply mail or email this signed and dated agreement to our office at 106 East Babcock, Suite L1, Bozeman, MT 59715 or tgaddo@sandersonstewart.com. Thank you. Sincerely, Tony Gaddo, P.E., REALTOR® Senior Engineer / Right-of-Way Specialist TG/JS Enc. **** END OF SCOPE OF SERVICES EXCEPT FOR SIGNATURES **** TG 295 Mr. Bob Murray June 7, 2021 Page 8 _____ Initials This Task Order is dated ________________, 20___ between City of Bozeman, Montana (City) and Sanderson Stewart (Contractor). IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA SANDERSON STEWART By: By: Print Name: Print Name: Print Title: Print Title: Date: Date: TG Tony Gaddo Project Manager 6/7/2021 296 FIGURE 1NORTH050SCALE:1" = 100'10050PARCEL 1PARCEL 2PARCEL 3PARCEL 4PARCEL 5PARCEL 6PARCEL 7PARCEL 8297 Memorandum REPORT TO:City Commission FROM:David Fine, Urban Renewal Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a First Amendment to the Development Agreement for the Ruh Building MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Authorize the City Manager to sign a first amendment to the Development Agreement (Ruh Building). STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:When the developers of the Ruh Building submitted their initial application to the Midtown TIF Assistance Program, they did so with a streetscape design that did not take into consideration future Montana Department of Transportation (MDT) intersection work at the corner of N. 7th Ave. and Durston Rd. The Economic Development Department worked with Morrison Maierle, MDT, and City Engineering to come up with a future-resistant design that would not be summarily ripped out as part of the intersection design. The design includes permeable pavers, street trees and a seating wall that matches seating walls elsewhere on the corridor. Since these changes were initiated as part of N. 7th streetscape work, Staff recommended approval of the additional funds, and the Midtown Urban Renewal Board unanimously affirmed Staff's recommendation. The additional funds would be reimbursable at occupancy along with the remainder of the Midtown TIF Assistance Program grant award. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:n/a FISCAL EFFECTS:The proposed amendment would amend the existing development agreement to add an additional $103,737 in funding for streetscape improvements. Funding for this increase is included in the recommended Fiscal Year 2022 Work Plan and Budget for the Midtown Urban Renewal District. Attachments: 298 First Amendment to Development Agreement.Ruh Building.docx Report compiled on: June 9, 2021 299 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Ruh Building) This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this “First Amendment”) is dated as of [______________], 2021 by and between LIFE STYLE SOLUTIONS REAL ESTATE, LLC (the “Developer”), and the CITY OF BOZEMAN, MONTANA (the “City”). RECITALS: WHEREAS, the City and the Developer have entered into a Development Agreement, dated as of September 23, 2019 (the “Development Agreement”), pursuant to which the Developer agreed to undertake the Project and the City agreed to reimburse the Developer for the Eligible Costs, subject to the terms and conditions of the Development Agreement. Capitalized terms used and not otherwise defined herein have the meanings given such terms in the Development Agreement; and WHEREAS, the Infrastructure Improvements constituting Eligible Costs included streetscape improvements on North 7th Avenue and Durston Road, including sidewalks, street trees and tree vaults, landscaping and street furniture (collectively, the “Streetscape Improvements”), at a projected cost of $235,000; and WHEREAS, following execution of the Development Agreement, the City requested certain changes to meet the City’s criteria and design preferences, and the Developer agreed to modify the original plans for the Streetscape Improvements in accordance with the City’s request; and WHEREAS, the modifications requested by the City resulted in $103,736.90 in additional costs related to the Streetscape Improvements, for which the Developer has requested reimbursement; and WHEREAS, pursuant to Section 3.4 of and Exhibit D to the Development Agreement, the Developer agreed to complete steps in the development of the Project (each, a “Milestone”) by particular dates (the “Milestone Dates”), and acknowledged that completion of the Milestones by the Milestone Dates was a condition to the City’s obligation to reimburse the Eligible Costs; and WHEREAS, the Project is nearing completion, and the parties wish to amend the provisions of the Development Agreement relating to Milestones and Milestone Dates to simplify and clarify those provisions; and WHEREAS, pursuant to Section 8.9 of the Development Agreement, the Development Agreement may be amended by written amendment authorized and signed by the City and the Developer. NOW, THEREFORE, the City and the Developer agree as follows: 300 2 Section 1.Additional Streetscape Funds. In addition to the reimbursement of $747,500 for the Eligible Costs described under the Development Agreement, the City hereby agrees to reimburse the Developer an additional $103,736.90 for the additional costs of the Streetscape Improvements (the “Additional Reimbursement”), subject to the following conditions and in accordance with the following procedures: 1.1.Conditions to Payment or Reimbursement. (a)(i) The Developer must have completed or satisfied the Milestone by the Milestone Date, as amended hereby, (ii) the City must have issued a certificate of occupancy for the Project, (iii) the Streetscape Improvements must have been completed in their entirety and the City must have delivered to the Developer written acceptance of the Streetscape Improvements as shown in the MOD Application 21028 as approved on April 30, 2021 (which may be in the form of a Certificate of Completion or such other format as required by the City), and (iv) the Developer must demonstrate to the City’s satisfaction, by a title report, UCC report, or other means acceptable to the City, that the Streetscape Improvements are free of financial liens and any encumbrances affecting the Streetscape Improvements must be acceptable to the City. (b)The Additional Reimbursement must be based on paid invoices for costs incurred by the Developer, its contractors and subcontractors or utility companies or other third parties, which the Developer must supply to the City. The City may reject, in its sole discretion, any invoice related to the Streetscape Improvements. The City will notify the Developer of any rejected invoice and the reason it was rejected. (c)The Parties agree that the City will have no obligation to pay or reimburse any of the Additional Reimbursement unless at the time of such request (i) all of the Developer’s representations as set forth in Section 2.2 of the Development Agreement are true and correct, (ii) the Developer is not in breach of any covenant or undertaking as set forth in Section 3 of the Development Agreement, and (iii) there shall be adequate Tax Increment on hand to pay the amount of the reimbursement or cost or expense and satisfy all other financial obligations related to the District. If any of the above conditions are not satisfied in the determination of the City, the City shall have no obligation to pay or reimburse the Additional Reimbursement and the City’s determination to refrain from paying or reimbursing, or its inability to pay or reimburse, any of the Additional Reimbursement shall not be or result in a default of the Development Agreement or this First Amendment thereof. 1.2.Process for Payment or Reimbursement. (a)After receiving a certificate of occupancy for the Project, the Developer shall provide to the City a signed request for reimbursement substantially in a form attached as Exhibit E to the Development Agreement and acceptable to the City, accompanied by the invoices and lien waivers from the contractors or subcontractors performing or that have performed the work to be reimbursed. In addition, the Developer agrees to provide to the City any additional 301 3 information requested by the City for the City to determine whether the Developer’s request for reimbursement complies with the Development Agreement and this First Amendment. (b)Subject to the remaining provisions of this paragraph, the City agrees to pay the Additional Reimbursement to the Developer on the later of (i) four weeks following submission by the Developer of the request for reimbursement and all additional information required under Section 1.2(a) of this First Amendment, to the City’s satisfaction, or (ii) August 31, 2021. In no event shall the Additional Reimbursement be payable prior to July 1, 2021. The Additional Reimbursement will be paid directly from Tax Increment; provided, however, if the City shall earlier determine that the Tax Increment then available is not sufficient to reimburse the Developer for the Additional Reimbursement, then the City shall so inform the Developer in writing and Section 1 of this First Amendment shall thereupon terminate and neither Party will have any further rights or obligations hereunder, except as set forth in those provisions that expressly survive termination of the Development Agreement. Section 2.Amendment and Restatement of Exhibit D to Development Agreement. Exhibit D to the Development Agreement is hereby amended and restated in its entirety, and is replaced by the Amended and Restated Exhibit D attached to this First Amendment to Development Agreement. All references in the Development Agreement to Exhibit D shall be read to refer to the Amended and Restated Exhibit D, and all references in the Development Agreement to Milestones and Milestone Dates shall be read to refer to the Milestones and Milestone Dates set forth in the Amended and Restated Exhibit D. Section 3.Effect of Amendments. Except as specifically amended hereby, the Development Agreement shall remain unamended and shall continue in full force and effect as amended hereby. Section 4.Consent to Electronic Signatures. The Parties have consented to execute this instrument electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 302 4 IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to Development Agreement to be executed as of the [_____] day of [___________], 2021. CITY OF BOZEMAN, MONTANA By:_______________________________________ Its: City Manager [Signature Page to First Amendment to Development Agreement] 303 5 LIFE STYLE SOLUTIONS REAL ESTATE, LLC By: Its: [Signature Page to First Amendment to Development Agreement] 304 AMENDED AND RESTATED EXHIBIT D MILESTONES MILESTONE MILESTONE DATE Substantial completion of Project, including Infrastructure Improvements July 31, 2021 305 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Kristin Donald, Finance Director SUBJECT:Resolution 5312, Certification of Delinquent City Assessments to the County MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5312, Certification of Delinquent City Assessments to Gallatin County as submitted. 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: MCA 7-6-4182, 7-6-4183 and 7-6-4423. The city or town may provide by ordinance for the collection by its city treasurer or town clerk of all special assessments and taxes levied and assessed in accordance with any of the provisions of part 42 and this part in the same manner and at the same time as taxes for general, municipal, and administrative purposes are collected by the county treasurer. All of the provisions of 7-6-4423 apply to the collection of the special taxes and assessments in the same manner as the provisions apply to the collection of other city or town taxes. Delinquent special assessments must be certified to the county clerk of the county in which the city or town is situated. The county treasurer shall collect the delinquent special assessments and taxes in the same manner and at the same time that taxes for general, municipal, and administrative purposes are collected. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:By certifying the delinquent City Special Assessments to Gallatin County we will ensure the collection of the 2nd half amounts that were not paid by the due date of June 1, 2021. The amount we have certified and will in turn collect is $337,025.41 as noted on Schedule “A” attached. These 306 assessments will be placed as a lien against their property and their properties cannot be sold without bringing them current. Attachments: Resolution 5312-Certification of Delinquent 2nd half-FY 2021.docx Schedule A 060921.pdf Report compiled on: June 9, 2021 307 Page 1 of 6 RESOLUTION NO. 5312 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE JUNE 1,2021, AND UNPAID AS OF THAT DATE, DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE FINANCE DIRECTOR TO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. WHEREAS, pursuant to Sec 2.06.670 of the Bozeman Municipal Code,the Finance Director has prepared and filed with the Commission of the City of Bozeman, attached hereto, a report entitled Schedule "A", describing the lot or parcel subject to the assessments, the name and address of persons assessed, showing all annual and semi-annual special assessments due and payable June 1, 2021, and unpaid as of that date, and the amount due thereunder, with penalty; and WHEREAS, pursuant to Sections 7-6-4423 and 7-12-4188, M.C.A., the City Commission of the City of Bozeman deems it necessary and proper, in order to protect the interests of the residents of the City of Bozeman and the bondholders of the respective Special Improvement District bonds, to declare all annual and semi-annual special assessments due and payable by 5:00 p.m. on June 1, 2021, and unpaid as of that date, delinquent and to certify the same to the Gallatin County Treasurer for collection as other delinquent taxes, and the property and/or properties may be sold the same as other property is sold for taxes. 308 Resolution 5312, Certification of Delinquent Assessments to Gallatin County Page 2 of 6 NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That all annual and semi-annual special assessments and installments of special assessments, due and payable June 1, 2021, and unpaid as of that date, as set forth in Schedule "A" hereto attached, and made a part hereof, are hereby declared delinquent. Section 2 That the Finance Director is hereby directed to certify all annual and semi-annual special assessments and installments of special assessments delinquent, with penalty, as herein provided, and as shown by Schedule "A", to the County Treasurer of Gallatin County for collection as other delinquent taxes. Section 3 That within ten (10) days from and after the filing of said certificate, the Finance Director shall publish in one issue of the Bozeman Daily Chronicle, Notice as provided by Sec 2.06.680 of the Bozeman Municipal Code. Section 4 That the County Treasurer shall proceed with the collection of all annual and semi-annual special assessments or installments of special assessments, as set forth in Schedule "A", that the same shall be spread upon the delinquent tax list of the County of Gallatin for the Year 2020, and the same shall be collected as other delinquent taxes; and that in the case the same are paid, collection shall be made by the County Treasurer of Gallatin County, as provided by Sections 7-12-4181 and 7- 12-4183, M.C.A., and that in the case the same are not paid, the whole property shall be sold as in 309 Resolution 5312, Certification of Delinquent Assessments to Gallatin County Page 3 of 6 the case of other properties sold for non-payment of taxes. Section 5 That the Finance Director, under the direction of the City Manager, shall attend at the time and place for sale of the property for delinquent taxes, as provided by Sec 2.06.700 of the Bozeman Municipal Code. Section 6 That a copy of Schedule "A" attached hereto and made a part hereof, shall on or before the 23rd day of June, 2021 be filed with the County Clerk and Recorder and the County Treasurer of Gallatin County. Section 7 That, pursuant to Sec 2.06 of the Bozeman Municipal Code, attached hereto and made a part hereof, shall be a certificate of the Finance Director. 310 Resolution 5312, Certification of Delinquent Assessments to Gallatin County Page 4 of 6 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 22nd day of June, 2021. __________________________________ CYNTHIA L ANDRUS Mayor ATTEST: __________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: __________________________________ GREG SULLIVAN City Attorney 311 Resolution 5312, Certification of Delinquent Assessments to Gallatin County CERTIFICATE OF FINANCE DIRECTOR I, Kristin Donald, duly appointed, qualified and acting as Finance Director of the City of Bozeman, Montana, do hereby certify that the attached schedule marked Schedule "A" and made a part of Commission Resolution No. 5312 is a true and correct list of all annual and semi-annual delinquent special assessments and subsequent installments of special assessments due and owing the City of Bozeman as of June 1, 2021, at 5:00 p.m. That this certification and Schedule "A" attached hereto are made pursuant to and in conformance with Sec 2.06 of the Bozeman Municipal Code of the City of Bozeman, Montana. IN WITNESS WHEREOF, I hereunto set my hand this 23rd day of June, 2021. ________________________________________ KRISTIN DONALD Finance Director 312 Resolution 5312, Certification of Delinquent Assessments to Gallatin County NOTICE NOTICE IS HEREBY GIVEN by the Finance Director for the City of Bozeman, Montana, that she has certified to the Treasurer of Gallatin County a list of all property and of the persons assessed for delinquent taxes and assessments which will be sold at public auction by the Gallatin County Treasurer unless re-instated prior to such auction by paying all delinquent taxes, together with interest, penalties and costs incurred. A list of all delinquent properties and persons assessed is on file and subject to public inspection in the offices of the Gallatin County Treasurer, Gallatin County Courthouse, 311 West Main Street, and Finance Director for the City of Bozeman, 121 N Rouse Ave., Bozeman, Montana. DATED this 23rd day of June, 2021. ________________________________________ KRISTIN DONALD Finance Director City of Bozeman Legal Ad Publish: Sunday, June 27, 2021 313 Delinquent Certification 060921 Page 1 DELINQUENT 2%TOTAL PARCEL LID#OWNER ADDRESS 2nd 1/2 PENALTY AMOUNT DUE RFG29530 230840 KIRK, ROGER PO BOX 1136 59771 WALKER PROPERTY SUBIVISION LOT 9 BLK 1 ANNEXATION 438.45 8.77 447.22RFG44018144610MEGASPACE3202 E FOOTHILLS BLVD 91107 GALLATIN PARK SUBDIVISION LOT 1 BLOCK 2 PLUS OPEN SPACE 3,486.97 69.74 3,556.71RFG44030140420BRYAN, VAN K 21 W BABCOCK ST 59715 GALLATIN PARK SUBDIVISION LOT 1 BLOCK 3 PLUS OPEN SPACE 4,074.56 81.49 4,156.05RFG44037138780BONIFACE, TONY 321 PEAKVIEW RD 80302 GALLATIN PARK SUBDIVISION LOT 1 BLOCK 1 PLUS OPEN SPACE 1,611.53 32.23 1,643.76RFG44492125720HALL, SARAH 29 KEAN DR 59718 RIVERGLEN CONDOMINIUM UNIT 1-B WALKER PROPERTY SUD AMND LOT 2A BLK 1 438.45 8.77 447.22RFG46788159630BRESTER, LAUREN 2969 WARBLER WAY UNIT 1 59718 WARBLER WAY CONDO UNIT 1 CATTAIL CREEK SUBDIVISION PHASE 1 LOT 3 BLOCK 6 157.90 3.16 161.06RFG47281112440REVESCO (USA) PROP OF BOZEMAN 2731 17TH ST STE 300 80211 GALLATIN CENTER SUB PUD PHASE II LOT 9.1 PETSMART 2,164.47 43.29 2,207.76RFG47866113300NEALE, GRAHAM & DIANA 13160 PORTNELL RD 59718 BAXTER MEADOWS PHASE I LOT 11 BLOCK 4 98.59 1.97 100.56RFG47893108260HOOPES, JANET L 2241 GALLATIN GREEN BLVD 59718 BAXTER MEADOWS PHASE I LOT 38 BLOCK 4 98.59 1.97 100.56RFG47908113040BAKWIN, BONNIE M 3975 BAXTER LN 59771 BAXTER MEADOWS PHASE I LOT 13 BLOCK 3 164.29 3.29 167.58RFG47953112600JXM & ASSOCIATES LLC PO BOX 10538 59719 BAXTER MEADOWS PHASE I LOT 4 BLOCK 7 575.19 11.50 586.69RFG48964120060MCCULLOUGH, ASHLEY 3173 FOXTAIL ST 59718 FOXTAIL STREET SUBDIVISION LOT 6-A BLK 14 WAS CATTAIL CREEK PH 2A & 2B 309.23 6.18 315.41RFG49009119610ADV VENTURE LLC ATTN: VALERIE BONE PO BOX 2800 98073 CATTAIL CREEK SUB PHASE 2B LOT 5 BLOCK 17 CATKIN CONDOS UNIT 2811A 272.52 5.45 277.97RFG49159114370WILDER, ALEXA K 2775 MARLYN CT UNIT 3 59718 SAGE CREEK CONDOS UNIT 3 CATTAIL CREEK PHASE 1 LOTS 6, 7, 9, & 10 BLOCK 7 169.85 3.40 173.25RFG49754123820STATE OF MONTANA PO BOX 201601 59620 LEWIS & CLARK COMMERCIAL SUBDIVISION LOT 4 BLOCK 2 PLUS OPEN SPACE 4,423.91 88.48 4,512.39RFG50129148660HENRICKSEN, HUNTER 2958 WARBLER WAY UNIT A 59718 MORRIS CONDOS UNIT D CATTAIL CREEK LOT 4 BLOCK 7 160.40 3.21 163.61RFG51163135190BENNY ESTATES LLC PO BOX 11510 59719 TRADEMARK CONDOS UNIT 2948C CATTAIL CREEK PHASE 1 LOT 5 BLOCK 5 127.82 2.56 130.38RFG51168115120CRAIG R HAYES LIVING TRUST PO BOX 10670 59719 TRADEMARK CONDOS UNIT 2950D CATTAIL CREEK PHASE 1 LOT 5 BLOCK 5 117.47 2.35 119.82RFG51382114970FARLEY, PAUL 15 LANCE LN 28806 CATTAIL CREEK SUBDIVISION PHASE 1 BLOCK 5 LOT 5 TRADEMARK CONDOS UNIT 2942B 130.22 2.60 132.82RFG51456161020HARRISON, LESLIE SUE 2889 N 27TH AVE UNIT 3 59718 RED LEAF CONDO BLDG D UNIT 17 CATTAIL CREEK SUBDIVISION PHASE 1 LOT 1 BLOCK 5 116.15 2.32 118.47RFG51461157420LARSEN, JAYMIE 621 LITTLE WOLF RD 59715 RED LEAF CONDO BLDG E UNIT 22 CATTAIL CREEK SUBDIVISION PHASE 1 LOT 1 BLOCK 5 118.33 2.37 120.70RFG52655158490STOUT, RYAN & MEGAN 2434 LASSO AVE 59718 BAXTER MEADOWS PUD PH 2C & 2D LOT 4 BLK 10 306.27 6.13 312.40RFG52664158370STUART, JOHN M & DIANNE E 2407 FERGUSON AVE 59718 BAXTER MEADOWS PUB PH 2C & 2D LOT 12 BLK 10 218.20 4.36 222.56RFG52668158430ALLAIS, JENNA 2326 LASSO AVE 59718 BAXTER MEADOWS PUD PH 2C & 2D LOT 4 BLK 11 344.09 6.88 350.97RFG52671158340SNOW, JOHN B 2345 N FERGUSON AVE 59718 BAXTER MEADOWS PUD PH 2C & 2D LOT 7 BLK 11 343.68 6.87 350.55RFG52677210250ZAIGER, BRIAN & HEATHER 712 GREENFORD TRL N 46032 DUCK CREEK TOWNHOMES UNIT 4 BAXTER MEADOWS PUD PH 2C & 2D LOT 1 BLK 14 102.93 2.06 104.99RFG52691157870RUNNING RED DOG LLC 2777 HEDGEROW CT 59718 BAXTER MEADOWS PUD PH 2C & 2D LOT 14 BLK 13 110.61 2.21 112.82RFG52700158110SLOAN, J KEVIN &CHELSEA WESSEL-SLOAN 146 MCGEE DR 59715 BAXTER MEADOWS PUD PH 2C & 2D LOT 19 BLK 13 108.53 2.17 110.70RFG53023165490MATSEN, MARTIN 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LOTS 14-16 BLOCK 1 520.46 10.41 530.87RGH59885370SCHNEIDER, JOSEPH &317 S BOZEMAN AVE 59715 BLACKS 1 ACRE LOT 2 & FRACT LOT 17 LINDLEY & GUYS ADDITION 140.92 2.82 143.74RGH60080200330HANNON, MICHAEL ROBERT & MARY GAIL HANNON 1470 POST DR 59715 THE KNOLLS AT HILLCREST BLOCK 2 LOT 14 175.39 3.51 178.90RGH60086200290ERICKSON, CLAUDIA 1372 POST DR 59715 THE KNOLLS AT HILLCREST BLOCK 5 LOT 6 187.54 3.75 191.29RGH60113202470BADLEY, R.D & JANIS A BADLEY REVOCABLE TRUST 1445 POST DR 59715 KNOLLS AT HILLCREST SUBD BLOCK 3 LOT 22 173.93 3.48 177.41RGH611997410MARY RAUCH INVESTMENTS LLC PO BOX 1794 59771 DUDLEYS ALL LOTS 1-7 BLOCK 2 LESS EAST PORTION LOTS 1-3 551.93 11.04 562.97RGH61449260BNL PROPERTIES LLC 1800 CENTENNIAL DR 59404 THOMPSONS 2 LOT 1 BLOCK 1 438.45 8.77 447.22RGH6153114190LANDSGAARD, PAUL & PAM 1627 W MAIN ST #260 59715 NP TRACTS 1 & 2 IN NE4NW4 SURVEY 7P38 & ABANDONED MENARD LINE ADJCNT 438.45 8.77 447.22RGH617928150YURASHAK, CHAD & BLAIRE 311 E MAIN ST 59715 BEALLS 2ND TRACT B, BEING 75 X 170' BLOCK C 372.67 7.45 380.12RGH619828580RISHEL, PAUL 617 N BLACK AVE 59715 IMES LOTS 3-4 BLOCK 46 206.08 4.12 210.20RGH627152210A1 SECURITY STORAGE MLLC 1623 N ROUSE AVE 59715 NORTHEAST ANNEX TRACT 44 1,969.40 39.39 2,008.79RGH63275130300RICHARDSON,SHARON LUCILLE 3300 GRAF ST UNIT 80 59715 SOUTH MEADOWS CONDOS UNIT 80 269.98 5.40 275.38RGH63621239750THOMSEN, MATTHEW C &DANIELLE M BLANK 207 WESTRIDGE DR 59715 BOMONT CENTER LOT 1 BOND STREET CONDO UNIT A 146.57 2.93 149.50RGH63746202700CHANDLER III, WILLIAM D 1930 LITTLE COTTAGE LN 59718 MINOR SUB 467 LOT 1 HACOT CONDOMINIUMS UNIT 25 193.04 3.86 196.90RGH639027740YEOMANS, BENJAMIN 2272 VIRGINIA CITY CT 59715 BEALLS 1ST TRACT 4 LOT 10 341.23 6.82 348.05RGH644549480NEWHOUSE, MICHAEL ARMSTRONG & META ERICA NEWHOUSE 1104 S CEDARVIEW DR 59715 NEW HYALITE LOT 1 BLOCK 8 219.23 4.38 223.61RGH649470250PATTON, JEROME R 1401 HOLLY DR 59715 NEW HYALITE LOT 26 BLOCK 12 237.14 4.74 241.88RGH649852990LAWRENCE, SARAH JUDITH &PATRICK GLENN 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243.64RGH661240110LARSSON, MITCHELL 8 E MASON ST 59715 THOMPSONS 4TH BLOCK 4 PHASE II WOODBROOK TOWNHOUSE UNIT 112 184.60 3.69 188.29RGH661927930LIEDBERG, KURA PARSLEY ANDREW M 432 N WILLSON AVE 59715 BEALLS 3RD LOTS 35-36 & 8'EAST SIDE OF WILLSON AVE ON WEST END OF LOTS 35-36 BLOCK 2 216.30 4.33 220.63RGH66231860STRATMANN, THOMAS TRUSTEE REV TRUST OF THOMAS STRATMANN 1031 E OLIVE ST 59715 LIND-GUYS LOT 7 BLOCK A 204.62 4.09 208.71RGH66248510DORMIRE, CORWIN R PO BOX 6222 59771 BUTTE LOTS 5-6 BLOCK 11 264.93 5.30 270.23RGH664335530THOMSEN, MATTHEW C &DANIELLE M BLANK 207 WESTRIDGE DR 59715 WESTRIDGE LOT 4 BLOCK 1 432.19 8.64 440.83RGH664741310LESSLEY, JAKE & TONYA 1339 CHERRY DR 59715 NEW HYALITE LOT 23 BLOCK 12 258.37 5.17 263.54RGH667235840BURNS, CHRISTINE C 2603 SPRING CREEK DR 59715 WESTRIDGE LOT 8 BLOCK 4 438.45 8.77 447.22RGH66879226040JAMES, MARIANNE 1112 S TRACY AVE 59715 BOZEMAN CREEK ANNEXATION TR 11 GREENHOUSE VILLAGE CONDOS UNIT 6 286.86 5.74 292.60RGH6703900ZINNER, JOSEPH H 113 S WALLACE AVE 59715 ROUSES 2ND NORTH 14' LOT 11,ALL LOT 12 BLOCK A 212.21 4.24 216.45RGH670428990PASQUESI, TAMI & DOMINIC 409 N MONTANA AVE 59715 BEALLS 1ST E 133' OF N 95'BLOCK 3 TRACT 1 369.32 7.39 376.71RGH67567231200VALONE, THOMAS F & REBECCA E 1517 CASWELL ST 27608 LOT 12 OF AMENDED LOT R OP ADDITION TO BOZEMAN BLOCK M 64.75 1.30 66.05RGH67571231160LIPFERT, THEODORE WRIGHT &PATRICIA ANNE SIMPSON 8 E BEALL ST 59715 LOT 17 OF AMENDED LOT R OP ADDITION TO BOZEMAN BLOCK M 67.27 1.35 68.62RGH69125242660BENTSON, TROY & DARCI 519 E MENDENHALL ST UNIT 6 59715 ROUSES 1ST ADDITION LOT 5A, BLK BLOCK H UNIT 6 W BLDG 36.49 0.73 37.22RGH69131242720HURD, MICHAEL W & JAMIE C 527 E MENDENHALL ST UNIT 6 59715 ROUSES 1ST ADDITION LOT 5A, BLK BLOCK H UNIT 6 E BLDG 41.46 0.83 42.29RGH69344247520CAMPEAU, ANTONI A PO BOX 5286 59717 FAIRVIEW LOTS 6-7 BLOCK 3 245.73 4.91 250.64RGH70359250470MCGUANE, LORAINE BUFFETT 234 W BOULDER RD 59052 HBP RESIDENTIAL CONDOMINIUM UNIT 316 TRACYS 2 LOT 1A BLK A 65.34 1.31 66.65RGH70367250550H & R FROST LLC 713 NW 44TH ST 98660 HBP RESIDENTIAL CONDOMINIUM UNIT 408 TRACYS 2 LOT 1A BLK A 54.86 1.10 55.96RGH70383250720508 MONTANA LLC 9 E LAMME ST 59715 HBP RESIDENTIAL CONDOMINIUM UNIT 508 TRACYS 2 LOT 1A BLK A 57.20 1.14 58.34RGH81743263270BLOCK 106 PARTNERS INC 618 N WALLACE AVE 59715 BLOCK 106 LOT A CONDO UNIT 101 AMENDED NP LOTS 6-14 BLOCK 106 52.42 1.05 53.47RGH81744263280BLOCK 106 PARTNERS INC 618 N WALLACE AVE 59715 BLOCK 106 LOT A CONDO UNIT 102 AMENDED NP LOTS 6-14 BLOCK 106 84.83 1.70 86.53RGH81745263290BLOCK 106 PARTNERS INC 618 N WALLACE AVE 59715 BLOCK 106 LOT A CONDO UNIT 103 AMENDED NP LOTS 6-14 BLOCK 106 76.18 1.52 77.70RGH82057259880WH WILLSON 16 LLC 21080 CENTRE POINTE PARKWAY 91350 BEALLS 3RD ADD BLK 5 LOT 3A 95.33 1.91 97.24RGH83166268750CURTIS, ANNE DEVEREUX 521 N WILLSON AVE 59715 BEALL'S 3RD ADDITION LOT 1A, BLOCK 6 117.27 2.35 119.62 TOTALS 337,025.41 6,740.51 343,765.92 325 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:Resolution 5313, Adopting the Update to the Fair Market Value of Land for Cash-in-Lieu of Parkland Calculations MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 5313, updating the fair market value of land per square foot for calculating cash-in-lieu of parkland dedication amounts. 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: Section 38.420.030 of the Bozeman Municipal Code, (“Cash Donation in lieu of Land Dedication”) includes the following provisions: C. Cash donation in-lieu of land dedication must be equal to the fair market value of the amount of land that would have been dedicated. The fair market value is the value of the unsubdivided, unimproved land after it has been annexed and given a municipal zoning designation. The city commission may adopt procedures to be used by the director of parks and recreation to determine the fair market value. The amount of the cash-in-lieu to be provided must equal the city's established fair market value per square foot times the amount of land required to be dedicated. The city must periodically update the market value as deemed necessary to reflect changes in the price of land. The valuation used for calculating the amount due will be the valuation in effect at the time an application for final plat or final plan approval is complete. 1. Alternative. A developer may provide an alternate market valuation which complies with the following: a. The developer must provide an appraisal of the fair market value by a certified real estate appraiser of their choosing and is responsible for the appraisal fee. b. When a land value must be established for cash-in-lieu of land dedication to satisfy the requirements of section 38.420.020, and the value of the land in an unsubdivided, unimproved, but annexed and zoned condition cannot be reasonable determined, the developer may provide an appraisal of 326 residentially zoned property with a zoning designation that allows the density of dwellings proposed for development. c. The appraisal provided for the purpose of section 38.420.030 must be conducted not sooner than 90 days prior to the submittal of an application for final plat or final site plan approval. The process for determining valuation includes the following steps: 1. Obtain proposal from appraiser to provide initial appraisal report on fair market value for residentially zoned, undeveloped land. 2. Set initial value for cash in lieu of parkland dedication per square foot based on appraiser’s report. 3. Update appraisal a minimum of once per year, or as market conditions change significantly. A report has been prepared by Bridger Appraisals, a local appraiser who has been providing appraisals for cash in lieu of parkland dedication valuation for development proposals for the past several years (Exhibit A). The report estimates the appraisal value of $90,000 per acre ($2.07 per square foot) for all residential zoning districts, based on the availability of appropriate comparisons that meet the requirements of state law and the Bozeman Municipal Code. Proposed Resolution 5313 will replace Resolution 5243 which was adopted in December 2020. Resolution 5243 reflected the appraisal value determined in August 2020. UNRESOLVED ISSUES:None. ALTERNATIVES: Per Commission. FISCAL EFFECTS: The Parks Division pays for appraisal updates a minimum of once per year. Attachments: Res 5313 - Determination of CILP valuation 2020.docx Exhibit A - Cash in Lieu of Parkland Report.pdf Report compiled on: December 3, 2020 327 COMMISSION RESOLUTION NO.5313 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, SETTING THE FAIR MARKET VALUE OF LAND PER SQUARE FOOT FOR CALCULATING CASH-IN-LIEU OF PARKLAND DEDICATION WHEREAS,Section 38.420.030 of the Bozeman Municipal Code, (“Cash Donation in lieu of Land Dedication”) states that the city commission may adopt procedures to be used by the director of parks and recreation to determine the fair market value for cash in lieu of parkland dedication donations; and WHEREAS,Section 38.420.030 of the Bozeman Municipal Code states that the city must periodically update the market value as deemed necessary to reflect changes in the price of land; and WHEREAS,most recently Resolution 5243 was adopted on December 15, 2020, establishing the fair market value of land for purposes of cash donation in lieu of park dedication; and WHEREAS, an updated appraisal report has been obtained from a qualified, licensed appraiser to determine the fair market value of unsubdivided, unimproved land after it has been annexed and given a municipal zoning designation in accordance with Montana Code Annotated Section 76-3-621; and WHEREAS, the appraisal report indicates the fair market value of residential property for the purposes of cash donation in lieu of park land dedication is now $90,000 per acre (Exhibit A); 328 NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the fair market value of residential property for the purposes of cash donation in lieu of park land dedication is $2.07 per square foot, subject to changes in market conditions that warrant an updated appraisal. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 22nd day of June, 2021. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 329 AN APPRAISAL REPORT OF: Standard Property Valuation for the City of Bozeman's Cash in Lieu of Parkland Dedication Process FILE NO.: C051321295 PREPARED FOR: Mr. Mitchell Overton City of Bozeman - Department of Parks and Recreation 415 North Bozeman Avenue Bozeman, MT 59715 PREPARED ON: May 28, 2021 EFFECTIVE DATE OF VALUATION: May 15, 2021 PREPARED BY: Keith O'Reilly, MAI, MT-400 Bridger Appraisals, Inc. P.O. Box 11145 Bozeman, MT 59719 330 May 28, 2021 City of Bozeman - Department of Parks and Recreation 415 North Bozeman Avenue Bozeman, MT 59715 Re: Standard Property Valuation for the City of Bozeman's Cash in Lieu of Parkland Dedication Process Dear Mr. Mitchell Overton, Per your request, I have gathered information and completed the following report to establish a standard property valuation on a per square foot basis for Residential Single-Household Low Density (R1), Residential Two-Household Medium Density (R2), Residential Medium Density (R3), Residential High Density (R4), and Residential Office (RO) districts within the City of Bozeman. This report is to be used for the City of Bozeman’s Cash in Lieu of Parkland dedication process. This appraisal is not of one subject property but is rather a compilation of sales of large tracts of land within the City as well as Gallatin County purchased for development purposes. Per city code and state law: Cash donation in-lieu of land dedication shall be equal to the fair market value of the amount of land that would have been dedicated. For the purpose of these regulations, the fair market value is the value of the unsubdivided, unimproved land after it has been annexed and given an urban zoning designation. The city intends to obtain the highest value for cash-in-lieu of park land that is allowable under state law. 331 3 ASSUMPTIONS AND LIMITING CONDITIONS This appraisal report, the letter of transmittal, and certification are subject to the following assumptions and limiting conditions; and also, any special qualifying conditions that may be contained elsewhere in the report are incorporated by reference. Assumptions 1. That the legal descriptions, as furnished, are correct; and that the titles to the properties are good and marketable. All existing liens and encumbrances, if any, have been disregarded. The properties are appraised as though free and clear of other burdens, under responsible ownership and competent management. 2. That the land dimensions taken from available maps, plats, and/or surveys are correct. It has been assumed that those boundaries that are apparent are correct. 3. It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. 4. That no adverse water table or soil conditions exist, and no representation regarding such conditions is made in this report unless specifically stated; and, that the value estimated is predicated on the absence of any such conditions occurring. 5. Those opinions, estimates, data and statistics supplied by others in the course of this study, are correct; the assumption has been made that the sources are reliable, but no responsibility has been inferred for their accuracy. 6. This report does not contemplate any court action, nor does it obligate the appraiser to give any testimony or make any appearance in court, before commission, arbitrator or any other individual, body, or agency. If court action or appearance later becomes necessary in the interest of the client, the terms of the additional service shall be negotiated at that time. 332 4 7. Unless otherwise stated in this report, the appraiser has no knowledge of the existence of hazardous material, which may or may not be present on the properties. I am not qualified to detect such substances. The presence of potentially hazardous materials may affect the value of the property. This extends to any leaks from underground fuel storage tanks, and identification of Asbestos containing materials. The value estimate is predicated on the assumption that there is no such material on or in the property. No responsibility is assumed for any such conditions or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. Any such environmental risk discovered at a later date may require a revised estimate of value that may or may not be simply a reduction of the value by the estimated cost to cure the environmental condition. Properties known to have environmental risk may also carry a stigma in the market place that may or may not affect the value. If future soil tests should reveal the existence of any such soil conditions or hazardous waste, I reserve the right to review and adjust this appraisal accordingly. Limiting Conditions: 1. The appraiser is not responsible for any matter legal in character, nor is any opinion rendered as to title, which is assumed to be marketable. 2. The value reflected in the analysis applies only to the program of utilization considered in this report. The use of the value in conjunction with any other appraisal or under other influences invalidates the conclusions developed. 3. This analysis and estimate of value is made for the exclusive use and benefit of the clients to whom it is addressed; and, possession of this report or a copy, does not carry with it the right of publication, nor may it be used for any purpose other than that intended without the previous consent of the appraisers. In any event, only the entire report may be used and no part shall be taken or used out of context. 4. Included as an integral part of this report are maps and photographs of the comparable properties and sales. The maps and photographs were prepared and taken by the appraisers, and although they do not purport to represent survey accuracy, they are substantially correct and adequately serve as visual reference to the properties. 333 5 5. Disclosure of the contents of this report is governed by the By-Laws and Regulations of the Appraisal Institute. Neither all nor any part of the contents of this report (especially any conclusions of value, the identity of the appraisers or the firm with which they are connected) shall be disseminated to the public through advertising media, public relations, news media, sales media, or any other public means of communication without the prior written consent and approval of the authors. 6. The forecasts, projections, or operating estimates contained herein are based on current market conditions, anticipated short-term supply and demand factors, and a continued stable economy. These forecasts are, therefore, subject to changes with future conditions. 334 6 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS Client: Mitchell Overton, City of Bozeman - Department of Parks and Recreation Intended User: City of Bozeman - Department of Parks and Recreation Date of Valuation: May 15, 2021 Date of Preparation: May 28, 2021 Rights Appraised: Fee Simple Highest and Best Use: The highest and best use is not applicable to this appraisal report as the valuation is not of a subject property, but rather a compilation of sales to establish a standard property valuation. 335 7 SCOPE OF THE APPRAISAL The scope of work consists of the amount and type of information researched and analyzed in an assignment. In preparing the appraisal, I have considered pertinent characteristics of the comparable sales in comparison to current market standards. I have gathered information and completed the following report to establish a standard property valuation on a per square foot basis for Residential Single-Household Low Density (R1), Residential Two-Household Medium Density (R2), Residential Medium Density (R3), Residential High Density (R4), and Residential Office (RO) districts within the City of Bozeman. General and specific data was obtained through personal and telephone interviews with government officials, property managers, developers, and other market participants. I have not considered the highest and best use as it is not applicable to the standard property valuation on a per square foot basis of R1, R2, R3, R4, and RO districts within the City of Bozeman. I have applied the sales comparison approach valuation method to determine a standard property valuation method on a per square foot basis. This is the only applicable approach to valuing vacant land. The results indicated by this method have been reviewed and reconciled based on the reliability, relevance and reasonableness of the data, and the purpose and intended user of the appraisal. This is an Appraisal Report as defined by Uniform Standards of Professional Appraisal Practice under Standards Rule 2-2. This format provides a summary of the appraisal process, subject and market data and valuation analyses. The information contained in this report is specific to the needs of the client and for the intended use as stated in this report. 336 8 PURPOSE AND INTENDED USE AND USER OF THE APPRAISAL The purpose of this appraisal is to estimate a credible opinion of the Current Market Value on a per square foot basis of the Fee Simple Interest for Residential Single-Household Low Density (R1), Residential Two-Household Medium Density (R2), Residential Medium Density (R3), Residential High Density (R4), and Residential Office (RO) districts within the City of Bozeman, in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) and supplemented by the Appraisal Institute. The intended use of the appraisal is to assist the Client and Intended User, City of Bozeman - Department of Parks and Recreation, in establishing a standard property valuation for vacant land on a square foot basis to be used for the City of Bozeman’s Cash in Lieu of Parkland dedication process. There are no other intended users. DEFINITION OF MARKET VALUE Market value is defined as the most probable price, which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is consummation of a sale as of a specified date and passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and each acting in what they consider their own best interest; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. 1 1[Source: Section 323.2 amended at 57 Fed. Reg. 9049, March 16, 1992; 59 Fed. Reg. 29501, June 7, 1994] 337 9 PROPERTY RIGHTS APPRAISED Property rights are ownership interests in real estate and have value. It is important to know what property right(s) or estate(s) are involved in the appraisal, because the estate identifies the rights being valued. The subject property rights being appraised is the Fee Simple Interest. Fee Simple: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power and escheat.2 Leased Fee: A freehold (ownership interest) where the possessory interest has been granted to another party by creation of a contractual landlord-tenant relationship (i.e. a lease). 3 VALUATION DATE The effective date of the appraisal is May 15, 2021. This is the date of valuation. The comparable sales reflected in this report are the most current identifiable sales as of the effective date. 2 The Dictionary of Real Estate Appraisal, 5th ed. (Chicago; Appraisal Institute, 2010), p. 78. 3 The Dictionary of Real Estate Appraisal, 5th ed. (Chicago; Appraisal Institute, 2010), p. 111. 338 10 MONTANA REGIONAL AND CITY MAPS Subject Area 339 11 REGIONAL, CITY, AND NEIGHBORHOOD ANALYSIS Bozeman, Montana is located in Gallatin County, in an area more commonly referred to as the Gallatin Valley. This report is for the Client and Intended User, the City of Bozeman – Department of Parks and Recreation. Information regarding the City of Bozeman has not been included as this information is provided from the City of Bozeman and the client and intended user has access to this information. 340 12 THE APPRAISAL PROCESS Typically, real estate can be valued by applying three approaches. All of these approaches to value, (particularly when the purpose of the appraisal is to establish market value) are market data approaches since the data inputs are presumably market derived. Cost Approach: One of the approaches to value commonly applied in Market Value estimates and many other valuation situations. A comparative approach to the value of property or another asset that considers, as a substitute for the purchase of a given property, the possibility of constructing another property that is an equivalent to the original or one that could furnish equal utility with no undue cost resulting from delay. The Valuer's estimate is based on the reproduction or replacement cost of the subject property or asset, less total (accrued) depreciation. The cost approach establishes the value of a real property by estimating the cost of acquiring land and building a new property with equal utility or adapting an old property to the same use with no undue cost due to delay. An estimate of entrepreneurial incentive or developer's profit/loss is commonly added to land and construction costs. For older properties, the cost approach develops an estimate of depreciation including items of physical deterioration and functional obsolescence.4 Sales Comparison Approach: A comparative approach to value that considers the sales of similar or substitute properties and related market data and establishes a value estimate by processes involving comparison. In general, a property being valued (a subject property) is compared with sales of similar properties that have been transacted in the open market. Listings and offerings may also be considered. A general way of estimating a value indication for personal property or an ownership interest in personal property, using one or more methods that compare the subject to similar properties or to ownership interests in similar properties. This approach to the valuation of personal property is dependent upon the Valuer's market knowledge and experience as well as recorded data on comparable items. 5 Income Approach: A comparative approach to value that considers income and expense data relating to the property being valued and estimates value through a capitalization process. Capitalization relates income (usually net income) and a defined value type by converting an income amount into a value estimate. This process may consider direct relationships (whereby an overall capitalization rate or all risks yield is applied to a single year's income), yield or discount rates (reflecting measures or return on investment) applied to a series of incomes over a projected period, or both. The income approach reflects the principles of substitution and anticipation. 6 5 The Dictionary of Real Estate Appraisal, 5th ed. (Chicago; Appraisal Institute, 2010), p. 250. 5 The Dictionary of Real Estate Appraisal, 5th ed. (Chicago; Appraisal Institute, 2010), p. 244. 7 The Dictionary of Real Estate Appraisal, 5th ed. (Chicago; Appraisal Institute, 2010), p. 256 341 13 Comparable Sales The following sales have been used to estimate a value on a per square footage basis. The compiled data represents the most recent known sales of speculative development land within the City of Bozeman and Gallatin County. 342 14 ID 1259 Verification Source Purchaser Address 5250 Baxter Lane Price $8,080,000 City Bozeman Price per Acre $50,374 State MT Financing Cash to Seller Tax ID RGG6855 Property Rights Fee Simple County Gallatin Days on Market None Grantor Fern Vesta Anderson Recording Date 6/7/2019 Grantee NWX, LLC Recording Number 2646897 Legal Description Acres 160.4 Topography Level Land SF 6,985,282 Zoning A-S, Agricultural Road Frontage Baxter Lane & Cottonwood Flood Zone None Dimensions Rectangular Encumbrance or Easement None Utilities NorthWestern Energy Environmental Issues None Access Baxter Lane & Cottonwood Price Per Land SF $1.16 Tract 5 of COS 2552, NE 1/4 of Section 4, Township 2 South, Range 5 East, Gallatin County, Montana. This property sold on 06/07/2019 for $8,080,000 or $50,374per acre for 160.360 acres. The property went under contract in the early fall of 2018. The property is in the county, but adjacent to the City of Bozeman. The property is bordered to the east by the new Bozeman Sport Complex and to the south by Laurel Glen, a residential subdivsion. This property is also in very close proximity to the new Bozeman High School. The purchaser has applied for annexation into the City of Bozeman and will pursue a high-density REMU and B-2M zoning designation for the site following annexation. According to the buyer's proforma, off-site improvement costs are estimated to be approximately $4,300,000 or $26,815 per acre. Therefore, the effective acquisition cost for the property inclusive of estimated off-site improvement costs is $12,380,000 or $77,375per acre. This property was not openly marketed and the transaction was privately negotiated between the buyer and the seller. Transaction Site Comments Land Comparable 1 343 15 ID 1400 Verification Source Buy-Sell Agreement Address TBD South 19th Avenue Price $10,000,000 City Bozeman Price per Acre $83,600 State MT Financing Conventional Tax ID RGG9600 Property Rights Fee Simple County Gallatin Days on Market None Grantor Bozeman Ranch Land, LLC Recording Date 10/30/2019 Grantee Blackwood Land Fund. LC Recording Number 2662993 Legal Description Acres 119.6 Topography Level Land SF 5,210,522 Zoning See Comments Road Frontage South 19th Avenue Flood Zone None Dimensions Rectangular Encumbrance or Easement None Utilities NorthWestern Energy Environmental Issues None Access South 19th Avenue Price Per Land SF $1.92 The South 1/2 of the Southwest 1/4 of Section 24 and the North 1/2 of the North 1/2 of the Northwest 1/4 of Section 25 in Township 2 South, Range 5 East, Gallatin County, Montana. This is the sale of a large tract of speculative development land that is located along the eastern side of South 19th Avenue in the southern part of Bozeman. The property is not yet annexed into the City of Bozeman but is bordered on three sides by properties that are annexed. The City of Bozeman is very likely to grant annexation for the property shortly following the sale. The property is currently zoned by the Gallatin County Planning Department as AS, Agricultural Suburban District but the buyer is attempting to achieve an REMU, Residential Emphasis Mixed-Use zoning designation for a majority of the site from the City of Bozeman when it is annexed. Lower density zoning designations will be utilized for areas bordering existing communities. The buyer intends to develop the property into a multi-phase, large-scale mixed-use residential and commercial development. The property is already bisected by a water main for the City of Bozeman water system but the City's preferred sewer main connection is approximately 1,300 feet north of the property at the intersection of South 19th Avenue and Graf Street. However, it is expected that early phases of the development can be connected to smaller sewer lines stubbed at the adjacent Alder Creek Subdivision. There are estimated to be approximately $1,181,000 in off-site improvement costs for the widening of South 19th Avenue and the development of a traffic control light at 19th Avenue and Blackwood Road. The property is located in a Qualified Opportunity Zone which provides for additional potential tax benefits. The property was not openly marketed and the transaction was privately negotiated between the buyer and the seller. Comments Site Transaction Land Comparable 2 344 16 ID 1014 Verification Source Confidential Address 5528 Stucky Rd Price $2,900,000 City Bozeman Price per Acre $59,434 State MT Financing Cash to Seller Tax ID RGG6891 Property Rights Fee Simple County Gallatin Days on Market -- Grantor Big Sky Western Bank, a Division of Glacier Bank Recording Date 7/18/2017 Grantee R Haus, LLC Recording Number 2585905 Legal Description Acres 48.8 Topography Mostly Level Land SF 2,125,467 Zoning Residential High Density (R4), Residential Medium Density (R3) Road Frontage --Flood Zone No Dimensions Irregular Encumbrance or Easement None Utilities NorthWestern Energy Environmental Issues None Access Stucky Rd, Graf St Price Per Land SF $1.36 Tracts 1, 3 and 4 of C.O.S. No. 2725, being a relocation of common boundaries between Tracts 1 & 2 of C.O.S. No. 2122 and Tract 1A-1 of C.O.S. No. 2029 and Parcel II, loc. in N1/2 of Sec. 23, T2S, R5E, P.M.M., City of Bozeman, Gallatin Co., MT. Comments Transaction Land Comparable 3 The subject is located in southwest Bozeman, near Montana State University. The site is annexed into the city. The surrounding area has seen recent growth with a mix of commercial and residential development. This sale was a bank owned property that went to auction. Site 345 17 ID 1548 Verification Source Sue Fry- Listing Agent Address 1280 Baxter Lane Price $3,800,000 City Bozeman Price per Acre $51,757 State MT Financing Cash to Seller Tax ID RGG11913 Property Rights Fee Simple County Gallatin Days on Market 222 Grantor Estate of Wayne E. Brewer Recording Date 12/22/2020 Grantee MVGR Land LLC Recording Number 2713654 Legal Description Acres 73.4 Topography Generally Level Land SF 3,198,175 Zoning RR/A, Rural Residential & Road Frontage Baxter Lane Flood Zone None Dimensions Irregular Encumbrance or Easement None Utilities NorthWestern Energy Environmental Issues None Access Baxter Lane Price Per Land SF $1.18 Tract 1 of Certificate of Survey No. 640, located in the NW 1/4 of Section 6, Township 2 South, Range 5 East, Gallatin County, Montana. Site Transaction Land Comparable 4 Comments This is a tract of speculative development land in the Four Corners area that is improved with a small single-family residence that is thought to have no contributory value. The property is bordered to the south and east by Black Bull Subdivision and to the west by a tract of land that was recently approved for development of a 96-lot residential subdivision that will be known as Creekside Meadows. The property is located in the service area for the Four Corners Water and Sewer District and is borderd to the east and south by the Four Corners Water and Sewer District. Furthermore, a water main, a sewer main, and a sewer lift station are located along the southern boundary of the property. This combined with the fact that the adjacent property to the west will be improved with utility services for the Creekside Meadows Subdivision makes this property a prime residential subdivision development site. The property was marketed as being able to situate 128 residential lots according to the local zoning ordinance. According to the seller, she received three offers for the full $3,600,000 asking price; however, the buyer that she had it under contract to terminated the agreement as a result of market uncertainty regarding COVID-19. The price was then raised to $3,999,000 before consumating at a price of $3,800,000 cash. 346 18 ID 1804 Verification Source Confidential Address 5700 Fowler Ln Price $8,480,000 City Bozeman Price per Acre $53,000 State MT Financing Cash to Seller Tax ID RGG6752 Property Rights Fee Simple County Gallatin Days on Market Unknown Grantor Spencer N. Anderson, Trustee of the Grandchildren's Trust Recording Date 6/28/2019 Grantee Real Red, LLC Recording Number 2649002 Legal Description Acres 160.0 Topography Mostly Level Land SF 6,969,600 Zoning Agriculture Suburban Road Frontage Fowler Ln Flood Zone None Dimensions Rectangular Encumbrance or Easement None known Utilities NorthWestern Energy Environmental Issues None known Access Average Price Per Land SF $1.22 The NW1/4 of Section 26, T2S, R5E, P.M.M., Gallatin County, MT. Transaction This is the sale of 160 acres of land located southwest of Bozeman. The site was not annexed into the City, but was adjacent to City limits. The property was not openly marketed and the purchase price was privately negotiated between the buyer and seller. Comments Site Land Comparable 5 347 19 Sale 1 Sale 2 Sale 3 Sale 4 Sale 5 348 20 Address City State Date Price Acres Acre Unit Price Property Rights Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0% Financing Cash to Seller 0.0%Conventional 0.0%Cash to Seller 0.0%Cash to Seller 0.0%Cash to Seller 0.0% Conditions of Sale Arm's Length 0.0%Arm's Length 0.0%Arm's length 0.0%Arm's Length 0.0%Arm's length 0.0% Expend. After Sale Market Trends Through 5/15/2021 12.0% Location % Adjustment $ Adjustment Acres % Adjustment $ Adjustment Topography % Adjustment $ Adjustment Shape % Adjustment $ Adjustment Utilities % Adjustment $ Adjustment Zoning % Adjustment $ Adjustment Net Adjustments Gross Adjustments $65,601.48 4.6% $99,569.01 54.3%19.1% 19.1%54.3% 4.6%24.6% $62,774.72 $54,123.61Adjusted Acre Unit Price $91,708.27 24.6% Adjusted Acre Unit Price $62,774.72 Good $83,600.16Adjusted Acre Unit Price $50,386.63 24.6% Good 0% $65,601.48 0%0% 4.6%54.3% MT $59,433.54 Bozeman MT $59,434 48.79 Transaction Adjustments 160.36 Bozeman $8,080,000 Bozeman 5528 Stucky Rd 1280 Baxter Lane NorthWestern Energy 0% $0 NorthWestern Energy 0% 0% Agriculture Suburban (AS) $0$0 $0 0% Residential High Density (R4), Residential Medium Density (R3) $0 RR/A, Rural Residential & Agricultural $0 0%0% See CommentsA-S, Agricultural Suburban $0 0% $0 160.36 0% Rectangular Land Analysis Grid Comp 1 $50,387 MT 5250 Baxter Lane TBD South 19th AvenueBozeman 119.62 Comp 2 $83,600 Comp 4 Comp 5Comp 3 $0 0% $0 Rectangular 0% 0% 0% $0 Irregular 0% 7/18/2017 $0 Level $0 0% $91,708.27 0% $2,900,000 MT $0 Good 0% Level $0 $0 NorthWestern Energy 0% NorthWestern Energy 0% 19.1% $99,569.01 $0 12/22/2020 0% 6/28/2019 $8,480,000 5700 Fowler Ln Bozeman $53,000 $0 MT 23.8% Mostly Level $0 $0 Irregular Rectangular $0 NorthWestern Energy $53,000.00$51,757.01 0% $0 0% 23.8% 23.8% 0% 160.00 $0 Generally Level 48.79 $0 Mostly Level $0 $0 0% 119.62 $0 0% $0 0% $51,757 73.42 $0 $3,800,000 $0 10/30/20195/15/2021 6/7/2019 $10,000,000 $0 0% $54,123.61 Good 0% $0$0 73.42 Good $0 160.00 $0 The provided sales give a good indication of the per square foot valuation for vacant land in the City of Bozeman. This valuation is for Residential Single-Household Low Density (R1), Residential Two-Household Medium Density (R2), Residential Medium Density (R3), Residential High Density (R4), and Residential Office (RO) districts. With the exception of Sale 4, there have been no new applicable land sales in the past six months to include in the report. Sales 1, 2, and 5 are fairly current, while Sale 3 is a bit older. However, all fit the criteria and definition for the Cash in Lieu program. Sale 1 had approval to be annexed into the City at the time of sale and Sale 2 was annexed in after purchase. Sales 1 and 2 will be developed with a mix of commercial and residential while Sale 3 is currently being developed mixed-use residential. Sale 5 does not currently have any development plans in place, but is located adjacent to the City limits. A site just to the north of this was recently annexed into the City and is planned for high density residential development. Sales 1 and 5 are the largest available sales at 160 acres, with Sale 2 at 120 acres. Sale 3 is a more moderately sized 49 acres. 349 21 Typically, the larger the site, the lower the value per acre, and the smaller the site, the higher the value per acre; however, Sale 2 is one of the larger sites and has one of the highest indicated prices per acre. All four sales are typical sites where the developers will literally have to give up the physical land for park. These sales indicate an adjusted range of $62,774 to $99,569 per acre, or $1.44 to $2.29 per square foot. Sale 4 was included as it is a recent sale of a large tract of land not annexed into the City, but was purchased for speculative development purposes. The per square foot value for this sale was $1.18 ($1.24 adjusted). This comparable helps to establish to the lower limit of value on a per square foot basis. The per square foot value of this comparable is lower than those sites annexed into the City, which is expected, as the purchasers of this site would have additional costs for annexation and accessing utilities. In addition to these sales, there are two pending sales of large tracts of development land which have been disclosed to the appraiser. These sales are pending and confidential, so they have not been included within the report. However, the first is of approximately 100 acres and would be considered an infill site as it is not annexed, but is surrounded by properties which have been annexed into the City. The property is under contract for approximately $105,000 per acre. The second is adjacent to the City limits. This property contains approximately 185 acres and is under contract for approximately $70,000 per acre. There have been a limited number of sales in the past year. This can be attributed to the cost of development and the limited number of available properties. From approximately July 2020 to present, the inventory of single family homesites in the Bozeman market decreased significantly. As stated in the previous report for the client, the Flanders Mill subdivision is really the only new subdivision with homesites being sold off in the city limits. The Flanders Mill inventory saw 36 sites go under contract in 3 months in June-August 2020, while the three months prior to that saw only 10 sites go under contract. The Bozeman market has seen unprecedented values and demand in the past 10 months. In the past 3 months, 8 single family homesites have sold, with an average sale price of approximately $300,000. The average single family homesite price a year ago was $135,000. Based upon the preceding sales and pending sales, and analysis of homesite appreciation, I would estimate the per square foot value for vacant land in the Residential Single- Household Low Density (R1), Residential Two-Household Medium Density (R2), Residential Medium Density (R3), Residential High Density (R4), and Residential Office (RO) districts within the City of Bozeman between $2.05psf and $2.10psf or $90,000 per acre as of May 15, 2021. If I can be of further assistance, please do not hesitate to contact me. Sincerely, Keith O’Reilly, MAI General Certified Appraiser State of Montana #400 350 22 CERTIFICATION As a result of a request for an appraisal assignment of the property, identified as: Standard Property Valuation for the City of Bozeman's Cash in Lieu of Parkland Dedication Process I certify: To the best of my knowledge and belief the statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice and the requirements of the Code of Professional Ethics and Standard of the Professional Appraisal Practice of the Appraisal Institute. The use of this report is subject to the requirements of the Appraisal Institute relating to its duly authorized representatives. As of the date of this report, I, Keith O’Reilly, MAI, have completed the continuing education program of the Appraisal Institute. Heidi Switzer provided significant real property appraisal assistance to the person signing this certification, including market research and input as to the final reconciled value. Respectfully Submitted, Keith O’Reilly, MAI General Certified Appraiser #400 State of Montana 351 Bridger Appraisals Inc. © Keith O’Reilly, MAI ADDENDUM 352 Bridger Appraisals Inc. © Keith O’Reilly, MAI 353 Bridger Appraisals Inc. © Keith O’Reilly, MAI 354 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Marty Matsen, Community Development Director SUBJECT:Ordinance 2060, Final 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 22, 2021 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Ordinance 2060, Final 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 Provisional adoption of the ordinance occurred on June 8, 2021. 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 355 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 356 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 357 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; 358 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. 359 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: 360 Ordinance 2069, Buffalo Run Zone Map Amendment Page 6 of 6 _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 361 362 Memorandum REPORT TO:City Commission FROM:Kristin Donald, Finance Director SUBJECT:Resolution 5308 Adopting Fiscal Year 2022 Budget MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:I move to approve Resolution 5308 adopting the City's Fiscal Year 2022 budget. 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:This budget represents the thoughtful work of dozens of people in developing the spending plan for our organization for the coming fiscal year. Bozeman is a vital, growing, and changing city. The City’s total budget this year is estimated to be $157.6 million. This will support 476.86 full-time equivalent employees and $32.8 million in capital spending. The FY22 budget estimates an annual increase in assessments and taxes for the typical residential property of $42.99, or $3.58 per month. This includes mill levies, rates, assessments and other changes based on recent rate studies, growth, inflation, and Strategic Plan objectives. Attached is summary of changes included in the Final Budget Resolution and other information regarding the budget. Along with the information and Final Budget Resolution, are the budget summary and a more detailed summary that includes changes in fund balance are attached. Per the request of the Commission, attached is the pdf with the following: Ranking of Positions that are included in the CM Recommended Budget Ranking of Capital Items that are included in the CM Recommended Budget Ranking of Positions that are NOT included in the CM Recommended Budget due to lack of revenue to fund them, but were requested in FY22. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The Final Budget adoption has far-reaching fiscal effects, which are described in the City Manager’s Recommended Budget, in the numerous 363 materials prepared for budget work sessions, and in the information above. Attachments: Final Budget Adoption Information.docx Overall FY22 Budget Summary.pdf FY2022 Detail Appropriations and fund balances.pdf Resolution 5308- FY22 Appropriation Resolution.docx Binder For Final Budget Ranking of FTE and CIP.pdf Report compiled on: June 11, 2021 364 Final Budget Adoption Information Background During presentations and work sessions held in May and June, the Commission has been considering the City Manager’s Recommended Budget, (available at https://www.bozeman.net/government/finance/budget-and-financial-reports ) so that a Final Budget can be adopted for FY22. Based on feedback during these work sessions held, we have prepared the Appropriation (Final Budget) Resolution. The memos and meeting minutes can be found with the Commission packets for the following meetings: May 18 – Introduction of the City manager Recommended the Budget May 25- Enterprise and Internal Service Funds June 8- General Fund June 15- Special Revenue Funds The City’s total budget this year is estimated to be $157.6 million. This will support 476.86 full-time equivalent employees and $32.8 million in capital spending. The FY22 budget estimates an annual increase in assessments and taxes for the typical residential property of $42.99, or $3.58 per month. This includes mill levies, rates, assessments and other changes based on recent rate studies, growth, inflation, and Strategic Plan objectives. The Strategic Plan and the 13 Commission Priorities significantly informed the items in the FY22 budget. The Appropriation Resolution: The Resolution that is attached comes from the City Manager’s Recommended Budget, with the following changes INCLUDED: Enterprise and Internal Service Funds- 1. Water Fund- $105,000 additional appropriation that was originally excluded due to a system error. 2. Public Works Administrative fund- $40,000 additional appropriation that was originally excluded due to a system error. Special Revenue funds- 1. The budgets submitted for the Business Improvement District and the Tax Increment Districts have been incorporated into the attached Resolution, based on their respective June 15th presented work plans.For the City Manager’s Recommended budget we include the previous year’s budget and include their current year’s plan in the Final budget resolution. Below if the summary with these changes: All Funds Projected Beginning Fund Balance/Working Capital 64,902,876$ Estimated Revenues 152,769,502 Less Appropriations 157,647,259 Increase/(Decrease) in Fund Balance/Working Capital (4,877,757) Projected Ending Fund Balance/Working Capital 60,025,119$ 365 These changes do not change the estimated impact on the typical resident that has been presented in the City Manager’s Recommended Budget: General Fund Balance Per City Ordinance, the General Fund is required to budget a minimum of 16.67% of annual revenues. The Ordinance at the time used the Government Finance Officers Association best practice. Best practices have been updated to have the 16.67% of annual revenues be the base minimum and from there governments are recommended to do a risk analysis to determine the fund balance needed for the specific government during that economic time. In addition, there are other recommendations regarding the use and re-payment of the minimum fund balance. For the FY2020 City Manager’s Recommended Budget (see Appendix D) we recommended that the Commission begin working towards the current best practicesand performed the analysis and recommended reservingbeyond the 16.67%. The Commission adopted a budget that reserved only the 16.67% of annual revenues. The FY2021 City Manager’s Recommended Budget balanced with 17% of expenditures in reserve, which was based on the risk analysis performed (Appendix D). The City Commission adopted a budget that only reserved 16.67% of annual revenues. Based on the Commission feedback received the last two fiscal years budgets and the many changes in funding making the analysis difficult and labor intensive, staff did not perform the analysis for FY2022. Staff is prepared to bring an Ordinance if desired to bring the City Commission in line with best practices. The minimum would change based on the analysis but would start with the minimum of 16.67% of annual revenues but would increase based on risk analysis. We could bring the ordinance this fall to implement as part of the FY2023 budget if the Commission choses to give this direction. In regards to FY22 final budget adoption, the minimum fund reserve must be $6,067,102 or greater unless, the City Commission choses to levy additional mills then the minimum required will increase. Items of note Regarding property taxes and the tax levy: As we have noted in the Recommended Budget document and in our presentations, there are important issues related to our property tax levy and property tax revenues this year: Property Valuations are updated by the State this year-This is called property “re-appraisal”, and happens for all residential and commercial real estate in the state, every two years. The Department of Revenue will not certify these numbers to us until the first Monday in August. This makes it difficult to accurately estimate our property tax cap, the number of mills we must levy, and the taxable value of the median home. We have done our best to estimate these amounts, but re-appraisal is certain to bring about changes that we have not predicted. All of these estimates are likely to change when we receive the certification of values. Levy/Assessment FY21 Approved Increase (Decrease)FY22 Approved % Change Street Assessment 242.51 14.5506 257.0606 6.0% Arterial Street Assessment 53.33 3.1998 56.5298 6.0% Tree (Forestry ) Assessment 24.56 0.4912 25.0512 2.0% Parks & Trails Assessment 127.5 42.08 169.58 33.0% Property Taxes 832.82 (24.30) 808.52 -2.9% Storm Water Services 77.45 6.97 84.42 9.00% Water Service 555.81 - 555.81 0.00% Sewer Services 630.99 - 630.99 0.00% Total Annual Estimated Increase 2,544.97 42.99 2,587.96 1.69% Monthly Increase 3.58 Median home $364,000, 7,500 SQFT lot and 10-HCF water use 366 Future Operational Costs for Bozeman Public Safety Center - The facility is slated to open May of 2022. For the FY23 budget we will have a Full year of operations. We will need additional mills for these expenditures to operate the facility and to pay for a full year of the positions added in FY22. End of Special COVID Funding- This budget is possible and able to stay under its levy cap due to the funding provided by the CARES Act and the American Rescue Plan. Next fiscal year will need to see the return of certain regular revenue sources and will still need additional mills levied for increases in personnel, operating and capital costs that were absorbed by the fund balance that remained from CARES Act funding. Other Items American Rescue Plan Funding We are asking the Commission to approve $11,317,620 of the $12 million estimated to receive directly from the American Rescue Plan. The budget is a plan that could need to shift due to the constants changing of guidance. As we prepare to spend we will confirm current guidance and calculations prior to using the funds. In addition, we will not receive half of the funding until the last month of FY22 so some larger projects will not begin until the funds are received due to the cash flow. We will also seek out State American Rescue Plan funding for infrastructure projects and other grant opportunities that align with the City’s Strategic Plan and operations. Further, we can explore partnering with the County with the $22 million of their American Rescue Plan funding. For the American Rescue Plan funding properly accounting for and spending based on regulations is our highest priority. We plan to include in the Financial Quarterly Updates the application and spending of this funding to keep the Commission informed. Strategic Plan 3.2 - Health & Safety Action The Strategic Plan Under 3.2 Health & Safety Action, section c states “Develop a City/County Social Service Network -Work with Gallatin County and other community partners to identify needs, develop, and appropriately fund a comprehensive strategy for addressing mental health, substance abuse and addiction, homelessness, and housing challenges.” With the many Commission priorities, fast pace growth and the limits of revenue base growth this has been challenging. Based on the Commission discussion on 6/8/21 we are recommending the City Commission motion to add $40,000 to the General Fund appropriation for the following: Continue to support the regional Strategic Alliance for Gallatin County Behavioral Health Crisis System team, which is commonly called the “Crisis Redesign Committee”. This is currently staff by Dana McNeil but we would also have Chuck Winn or myself attend those meetings. Budget $30,000 which would allow the consultant supporting the Crisis Redesign Committee to continue its work, which includes an analysis of a new “sobering center”. The City may in the future consider providing funds to a new sobering center. Over the next several months, study the CAHOOTS mental health crisis response collaborative in Eugene, Oregon and consider whether or not this approach might work well in the greater Bozeman Area. Budget $10,000 to study this model including a potential visit to Eugene with local Gallatin County partners to further assess its potential value to Bozeman. This change could be made without additional levy since fund balance is $47,127 over the required minimum, if it’s the only increase made. 367 General Fund Special Revenue Debt Service Construction Projects Enterprise Internal Service Permanent All Funds Projected Beginning Fund Balance/Working Capital8,422,800$ 25,695,534$ 2,775,504$ 1,301,807$ 24,396,370$ 688,312$ 1,622,549$ 64,902,876$ Estimated Revenues36,395,332 42,860,719 4,705,314 7,078,825 49,783,553 11,885,759 60,000 152,769,502 Less Appropriations38,710,903 53,403,932 6,353,617 6,256,724 40,996,389 11,925,694 ‐ 157,647,259 Increase/(Decrease) in Fund Balance/Working Capital(2,315,571) (10,543,213) (1,648,303) 822,101 8,787,164 (39,935) 60,000 (4,877,757) Projected Ending Fund Balance/Working Capital6,107,229$ 15,152,321$ 1,127,201$ 2,123,908$ 33,183,534$ 648,377$ 1,682,549$ 60,025,119$ Financial Summary‐ Recommended Budget Fiscal Year 2021 ‐2022368 Fiscal Year Projected Fund Balance/Working Capital Estimated Revenues Appropriations Budgeted Ending Fund Balance/Working Capital General Fund General Fund 8,422,800 36,395,332 38,710,903 6,107,229 Special Revenue Funds Planning Fund 1,021,599 2,417,284 3,348,246 90,637 American Rescue Plan 6,032,500 6,032,500 11,317,620 747,380 Health‐Medical Insurance 822,602 2,743,208 3,017,449 548,361 Gas Tax Apportionment 870,825 1,430,000 2,294,500 6,325 Street Maintenance District 1,201,028 7,116,270 7,779,645 537,653 Tree Maintenance 562,489 820,366 949,280 433,575 Fire Impact Fee 3,690,012 531,181 25,560 4,195,633 Street Impact Fee 56,248 5,788,830 3,943,392 1,901,686 Building Inspection Special Revenue 942,344 2,234,564 2,921,425 255,483 Community Housing 136,514 435,297 567,440 4,371 Police Domestic Violence ‐ 114,072 114,072 ‐ Downtown Improvement Districts 1,885,421 2,223,522 3,674,450 434,493 Street Arterial Construction 1,306,841 2,491,356 2,811,000 987,197 TIF Midtown (formerly N7th) 2,232,644 1,239,490 3,461,551 10,583 TIF NE Urban Renewal 370,000 274,354 641,000 3,354 TIF Mandeville Industrial 136,444 46,725 ‐ 183,169 Fire Department Equipment 303,744 577,396 80,000 801,140 Parks & Trails District 292,733 4,655,189 4,863,522 84,400 Vet Court Funds 53,478 220,760 274,159 79 Lighting Districts 409,421 498,880 571,616 336,685 Department Special Revenue Fund Combined 2,171,948 914,475 743,005 2,343,418 Park Land ‐ Cash in Lieu 1,196,699 55,000 5,000 1,246,699 Total Special Revenue Funds 25,695,534 42,860,719 53,403,932 15,152,321 Debt Service Funds Special Improvement District Revolv. Fund 2,321,083 10,000 2,112,724 218,359 Park & Trails Bond ‐ 1,081,188 1,081,188 ‐ TIF 2007 Downtown Bonds ‐ 332,373 332,373 ‐ TIF 2020 Midtown Bonds ‐ 408,550 408,550 Bozeman Public Safety Center ‐ GO Bonds ‐ 2,371,850 2,371,850 ‐ SID Funds 454,421 501,353 46,932 908,842 Total Debt Service Funds 2,775,504 4,705,314 6,353,617 1,127,201 Construction Funds Capital Projects 1,301,807 7,078,825 6,256,724 2,123,908 Enterprise Funds Water Funds 19,635,734 17,793,198 15,866,256 21,562,676 Waste Water Funds 1,974,283 23,777,289 15,686,453 10,065,119 Solid Waste Funds 848,359 5,229,117 5,916,464 161,012 Parking Enterprise 1,444,829 1,118,421 1,251,364 1,311,886 Storm Water 493,165 1,865,528 2,275,852 82,841 Total Enterprise Funds 24,396,370 49,783,553 40,996,389 33,183,534 Internal Service Funds Vehicle Maintenance Shop 84,743 1,778,811 1,833,724 29,830 Health‐Medical Self‐Insurance Fund 431,569 5,310,117 5,310,117 431,569 Public Works Administration 172,000 4,796,831 4,781,853 186,978 Total Internal Service Funds 688,312 11,885,759 11,925,694 648,377 Permanent Funds Cemetery Perpetual Care 1,622,549 60,000 ‐ 1,682,549 Total All Funds 64,902,876 152,769,502 157,647,259 60,025,119 FY22 Recommended Budget 369 Page 1 of 3 COMMISSION RESOLUTION NO. 5308 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING FUNDS FOR VARIOUS BUDGET UNITS, AND FURTHER ESTIMATING REVENUE NECESSARY TO OPERATE AND MAINTAIN SERVICES OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2022. WHEREAS,the City Commission did, on the 18th day of May, 2021, receive and hear the City Manager’s Budget Recommendations for Fiscal Year 2021-2022 (Fiscal Year 2022); and WHEREAS, the City Commission did, on May 18, May 25, June 8, and June 15 th hold Budget Work Sessions that were open to the public to discuss the details of the Recommended Budget and make changes to the same; and WHEREAS,the City Commission did, on the 22nd day of June, 2021, after due and proper legal notice, conduct a public hearing on the proposed municipal budget. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 The City Commission of the City of Bozeman, Montana, does hereby authorize and appropriate expenditures of governmental fund types (general fund, special revenues funds, debt service funds and capital project funds) and operating expenses for proprietary fund types (enterprise funds and internal service funds) and fiduciary fund types (permanent funds) for budget units and purposes set forth below, in the amounts designated herein, as follows. The City Commission further authorizes and re-appropriates the unexpended balance of Capital Improvement Program & repair and equipment items previously budgeted which have not been completed. 370 Resolution 5308, Appropriating Funds for Fiscal Year ending June, 30, 2022 Page 2 of 3 Section 2 The City Commission of the City of Bozeman, Montana does hereby estimate revenues for the various funds, as follows: Section 3 That budget information contained in the "CityManager's Recommended Budget for Fiscal Year 2021-2022" document pertaining to Policy Direction, Fiscal Policy, and the specific information concerning budgeting for each department, as may be subsequently amended prior to final adoption of the budget, are hereby incorporated into the document entitled "Approved Budget for Fiscal Year 2021-2022" Budget Unit Total/Fund General Fund 38,710,903$ Special Revenue Funds 53,403,932$ Debt Service Funds 6,353,617$ Capital Projects 6,256,724$ Enterprise Funds 40,996,389$ Internal Service Funds 11,925,694$ Permanent Funds -$ GRAND TOTAL – Operating Budget 157,647,259$ Budget Unit Total/Fund General Fund 36,395,332$ Special Revenue Funds 42,860,719$ Debt Service Funds 4,705,314$ Capital Projects 7,078,825$ Enterprise Funds 49,783,553$ Internal Service Funds 11,885,759$ Permanent Funds 60,000$ GRAND TOTAL – Estimated Revenues 152,769,502$ 371 Resolution 5308, Appropriating Funds for Fiscal Year ending June, 30, 2022 Page 3 of 3 and are hereby adopted by reference. Section 4 Pursuant to Sections 7-6-4006 and 7-6-4012, M.C.A., the City Commission hereby delegates appropriation and budget amendment authority to the City Manager for the expenditures from the following funds: debt service funds; fee-based budgets; trust funds; federal, state and private grants accepted and approved by the City Commission; special assessments; monies borrowed during the year; proceeds from sale of land; and funds for gifts or donations. Section 5 Pursuant to Section 7-6-4030, M.C.A., this resolution, upon its passage, shall be in full force and effect on July 1, 2021. Section 6 That upon this resolution becoming effective, as provided in Section 5 above, all resolutions and parts thereof in conflict herewith are hereby repealed. Section 7 That should it be found by any court of competent jurisdiction that any section, clause, portion, sentence, word, or phrase of this resolution is deemed to be contrary to any existing law or regulations, that in this instance, it is the intent of the City Commission of the City of Bozeman, Montana, that all other portions, sections, words, clauses, phrases, or paragraphs of this document shall remain in full force and effect. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 22nd day of June, 2021. ________________________________________ Cyndy Andrus Mayor ATTEST: _____________________________________ Mike Maas City Clerk APPROVED AS TO FORM: ________________________________________ GREG SULLIVAN City Attorney 372 POSITIONS THAT ARE INCLUDED IN THE CITY MANAGER'S RECOMMENDED BUDGET FOR FY22FY Fund Deparment Division TitleFTERelated Strategic Plan Section Rankingmid FY22 General Police Police Add 2 Court Security Officers 2.00 3. A SAFE, WELCOMING COMMUNITY ‐ 3.1.a Develop a Criminal Justice Facility PlanCriticalmid FY22 General Police Police Add Records Management Staff‐ Police Information Specialist1.00 3. A SAFE, WELCOMING COMMUNITY ‐ 3.1.a Develop a Criminal Justice Facility PlanCriticalmid FY22 General Police Police Add Records Management Staff‐ Police Information Manager1.00 3. A SAFE, WELCOMING COMMUNITY ‐ 3.1.a Develop a Criminal Justice Facility PlanCriticalmid FY22 General Strategic Services Facilities City Service Worker‐ Facilities BPSC 1.00 3. A SAFE, WELCOMING COMMUNITY ‐ 3.1.a Develop a Criminal Justice Facility PlanCriticalmid FY21 General Strategic Services Sustainability Increase Sustainability Program Specialist to 1 FTE 0.50 6. A SUSTAINABLE ENVIRONMENT ‐ 6.3 Climate Action Importantmid FY21 Planning Community DevelopmentCommunity DevelopmentAdd Deputy Director of Community Development 1.00 4. A WELL‐PLANNED CITY ‐ 4.2 High Quality Urban ApproachImportantmid FY21 PW Admin Public Works Engineering Add Engineer I/II 1.00 4. A WELL‐PLANNED CITY ‐ 4.2 High Quality Urban ApproachImportantmid FY21 PW Admin Public Works Engineering Add Engineer I/II 1.00 4. A WELL‐PLANNED CITY ‐ 4.2 High Quality Urban ApproachImportantFY22 General Strategic Services Sustainability Add Operations Analyst 1.00 6. A SUSTAINABLE ENVIRONMENT ‐ 6.3 Climate Action ImportantFY22 PW Admin Public Works Public Works Admin Add Deputy Director of PW‐ Utilities 1.00 4. A WELL‐PLANNED CITY ‐ 4.3 Strategic Infrastructure ChoicesImportantFY22 PW Admin Public Works Engineering Add Engineer I/II 1.00 4. A WELL‐PLANNED CITY ‐ 4.2 High Quality Urban ApproachImportantFY22 Vehicle MaintenancePublic Works Vehicle Maintenance Add Vehicle Mechanic 1.00 7. A HIGH PERFORMANCE ORGANIZATION ‐ 7.3 Best Practices, Creativity & ForesightImportantFY22 Water/WastewaterPublic Works Water/Sewer Operations Add Water/Sewer Operator 1.00 4. A WELL‐PLANNED CITY ‐ 4.3 Strategic Infrastructure ChoicesImportantmid FY22 General Municipal Court Municipal Court .75FTE Judge to FT0.25 No Strategic Plan Item ‐ Mandate from 2021 LegislatureImportantmid FY22 General Municipal Court Municipal Court Add Court Clerk 1.00 No Strategic Plan Item ‐ Mandate from 2021 LegislatureImportant9.75 RANKING NOTES Critical: A project that’s already committed to with the public/outside partners/ or developers via infrastructure waivers. Important: Relates to our existing programs and/or deferred maintenance (including equipment replacement) Needed: An item that really expands us into a new area of business/operations373 Fund Division Project # Project Name FY22 Ranking 10 Facilties GF349 NEW DEPARTMENT VEHICLE ‐ BPSC Worker 62,000 Critical 10 Police GF293 NON‐PATROL CAR NEW VEHICLES ‐ BPSC Transport Vehicle 35,000 Critical 10 Police GF316 POLICE BODY CAMERA SYSTEM ‐ Multi‐year Contract 140,000 Critical 10 Cemetery GF252 CEMETERY COLUMBARIUMS 55,000 Important 10 Cemetery U25 MOWER REPLACEMENTS 18,000 Important 10 City Commission U25 TECH SOFTWARE UPGRADES 17,000 Important 10 City Commission GF284 LASER FICHE UPGRADE 19,334 Important 10 Facilties GF323 STIFF BUILDING MAIN PARKING LOT 42,717 Important 10 Facilties GF342 NEW VEHICLE‐ TOOLKAT 65,000 Important 10 IT GF062 PERSONAL COMPUTER (PC) RE 75,000 Important 10 IT GF080 CITY‐WIDE SWITCHES&ROUTRS 55,000 Important 10 IT GF233 IT VEHICLE REPLACEMENT 26,000 Important 10 IT U25 SERVVER REPLACEMENT 20,000 Important 10 IT U25 APC BATTERY BACKUP SYSTEM 12,000 Important 10 Police GF053 PATROL CAR & EQUIP RPLCMT 183,000 Important 10 Police GF292 MOBILE DATA EQUIP 30,000 Important 10 Recreation GF300 SMCC GYM FLOOR REPLACEMENT 146,000 Important 10 Recreation GF301 STORY MANSION EXTERIOR PAINT 130,000 Important 10 Recreation GF348 REC SOFTWARE 50,000 Important 10 Sustainability GF245 ENERGY PROJECTS‐CH 75,000 Important 10 Economic Development GF275 FIBER OPTIC CONDUIT AND VAULTS 40,000 Needed 10 Sustainability GF353 SAFETY CENTER EV STATION 45,000 Needed 1,104,051 100 Code Compliance CC01 Code Compliance Vehicle 35,000 Important 35,000 111 Street Maintenance STR20 Annual Bike Path Improvement 50,000 Critical 111 Street Maintenance STR22 Grader Lease 120,000 Critical 111 Street Maintenance STR34 Sweepers 100,000 Critical 111 Street Maintenance STR49 Sanders 27,000 Critical 111 Street Maintenance STR75 Annual Pedestrian Ramp Repair 100,000 Critical 111 Street Maintenance STR93 Snow Blower 110,000 Critical 111 Street Maintenance STR104 Bridger Creek Stabilization 50,000 Critical 111 Street Maintenance STR30 Annual Median & Boulevard 70,000 Important 111 Street Maintenance STR58 Tandem Axle Dump Truck 250,000 Important 111 Street Maintenance STR71 Street Imrv Mill & Overlay 280,789 Important 111 Street Maintenance STR84 Plug In Electric Work Truck 60,000 Important 111 Street Maintenance STR92 Oak St Median Landscaping & irrigation (Davis to Ferguson)60,000 Important 111 Street Maintenance STR100 REPLACE #1438‐LIGHT DUTY 45,000 Important FY22 Capital Listing General Fund General Fund Total Planning Fund Planning Fund Total Street Maintenance Fund 374 Fund Division Project # Project Name FY22 Ranking FY22 Capital Listing 111 Street Maintenance STR101 REPLACE #3484‐LIGHT DUTY 40,000 Important 111 Street Maintenance STR102 Tandem Axle Dump Truck with Plows & Sanders 260,000 Important 111 Street Maintenance STR109 Toolcat Utility Vehicle 65,000 Important 111 Street Maintenance STR113 Snow Storage Drainage 56,250 Important 1,744,039 112 Tree Maintenance FOR13 Aerial Lift/ Bucket Truck 160,000 Important 160,000 114 Street Impact Fee SIF001 RIGHT OF WAY ACQUISITION 350,000 Critical 114 Street Impact Fee SIF113 GRIFFIN (7TH TO ROUSE) ‐ CONSTRUCTION 2,700,000 Critical 114 Street Impact Fee SIF118 BABCOCK (15TH TO 19TH) 550,000 Critical 3,600,000 115 Building Inspection U25 Copier 6,400 Important 115 Building Inspection BI03 Vehicle Replacment (SUV)40,000 Important 46,400 141 Arterial & Collector SIF113 GRIFFIN (7TH TO ROUSE) ‐ CONSTRUCTION 1,700,000 Critical 141 Arterial & Collector SIF118 BABCOCK (15TH TO 19TH) 750,000 Critical 141 Arterial & Collector SIF150 15TH ‐ PATRICK TO BAXTER 200,000 Critical 141 Arterial & Collector SIF170 7th/GRIFFIN INTERSECTION 23,000 Critical 141 Arterial & Collector SIF145 KAGY/SOURDOUGH INTERSECTION IMPROVEMENTS 85,000 Important 2,758,000 187 FE12 PERSONAL PROTECTIVE EQUIPMENT 80,000 Important 80,000 195 Parks & Trails District GF084 PARKS RESTROOMS UPGRADES 36,000 Critical 195 Parks & Trails District GF092 PLAYGROUND EQUIPMENT 110,000 Critical 195 Parks & Trails District GF250 SPLASH PADS 360,000 Critical 195 Parks & Trails District GF339 ADDITIONAL PARKING SMC 425,000 Critical 195 Parks & Trails District GF340 ADDITIONAL BRIDGE SMA 105,000 Critical 195 Parks & Trails District GF034 LARGE DECK MOWER 64,000 Important 195 Parks & Trails District GF115 PARK VEHICLE REPLACEMENTS 85,000 Important 149,000 Building Inspection Fund Street Maintenance Fund Total Tree Maintenance Fund Tree Maintenance Total Street Impact Fee Fund Street Imapct Fee Total Building Inspection Fund total Arterial & Collector Arterial & Collector Fund Total Fire Captial and Equipment Fund Fire Captial and Equipment Fund Total Parks & Trails District Parks & Trails District Total 375 Fund Division Project # Project Name FY22 Ranking FY22 Capital Listing Misc Department funds U25 FY22 TAP Projects 5,000 Important 5,000 504 Street Reconsturction SCR13 S 6TH (BABCOCK TO CLEVELAND)‐DESIGN & CONSTRUCTION 2,184,724 Critical 561 Library Depreciation Fund LIB28 LIBRARY EXPANSION PROJECT (100% Donations)4,000,000 Critical 561 Library Depreciation Fund LIB22 NEW CARPET PUBLIC AREA 72,000 Important 6,256,724 ‐ 600 Water W03 ANNUAL WATER PIPE REPLACEMENT 22,500 Important 600 Water W04‐22‐26 WATER PIPE REPLACEMENT PROGRAM ‐ CONSTRUCTION 1,200,000 Important 600 Water W49 REPLACE #3078 ‐ 2002 1/2 TON CHEVY PICKUP 27,000 Important 600 Water W56 WTP FACILITY REPAIR & REPLACEMENT 40,000 Important 600 Water W72 PRV PHASE I ‐ MECHANICAL & STRUCTURAL UPGRADES 2,000,000 Important 600 Water W96 FLOW CONTROL VALVE & METER 500,000 Important 600 Water W106 SCADA MASTER PLAN 75,000 Important 600 Water W112 RESIDUALS HANDLING STUDY 200,000 Important 600 Water W117 W/S SYSTEM CONTROLS UPGRADE 31,000 Important 600 Water W118 WATER SUPPLY MGMT TOOL 60,000 Important 600 Water WC02 METER SOFTWARE SUBSCRIPTION 36,000 Important 600 Water WIF40 SOURDOUGH TRANSMISSION PH2 680,000 Important 610 Water Impact Fee WIF28 5126 WEST SOURDOUGH RESERVOIR 1 ‐ SITING 350,000 Important 610 Water Impact Fee WIF40 SOURDOUGH TRANSMISSION PH2 1,000,000 Important 610 Water Impact Fee WIF54 PRV OVERSIZING‐ NELSON MDW 155,000 Important 6,376,500 620 Wastewater WW49 ROLL‐OFF STORAGE BUILDING 300,000 Critical 620 Wastewater WW110 SCREWPRESS 425,000 Critical 630 Wastewater Impact Fee WWIF20 NORTH FRONTAGE ROAD INTERCEPTOR 3,000,000 Critical 630 Wastewater Impact Fee WWIF44 WRF INTERCEPTOR 1,000,000 Critical 620 Wastewater WW07 ANNUAL WASTEWATER PIPE REPLACEMENT PROGRAM‐DESIGN 25,000 Important 620 Wastewater WW08 WASTEWATER PIPE REPLACEMENT PROGRAM‐CONSTRUCTION 1,000,000 Important 620 Wastewater WW69 SMALL WORKS PROJECTS 120,000 Important 620 Wastewater WW70 WRF FACILITY ENGINEERING & OPTIMIZATION 60,000 Important 620 Wastewater WW71 WRF FACITLITY PLAN UPDATE 300,000 Important 620 Wastewater WW96 E GALLATIN RIVER AVULSION 70,000 Important 620 Wastewater WW111 E GALLATIN STREAMBANK ERO 100,000 Important 620 Wastewater WW112 E GALLATIN RIVER DATA COL 60,000 Important 620 Wastewater WWIF50 JOINT MSU/DEQ PILOT 50,000 Important 620 Wastewater W106 SCADA PLAN UPDATE 75,000 Important 620 Wastewater W117 W/S SYSTEM CONTROLS UPGRADE 35,000 Important 630 Wastewater Impact Fee WWIF45 BIOTRAIN #1 RETRO FIT 300,000 Important 2,195,000 Water Funds Departmental Funds Departmental Funds total Construction Funds Construction Funds Total Water Funds Total Wastewater Funds Wastewater Funds Total Solidwaste Funds Total 376 Fund Division Project # Project Name FY22 Ranking FY22 Capital Listing 640 Solidwaste SW48 TROMMEL SCREEN 200,000 Important 640 Solidwaste SW57 ROLL‐OFF TRUCK 220,000 Important 640 Solidwaste SW61 SWD BUILDING EXPANSION 350,000 Important 770,000 650 Parking U25 LPR Technolgy Upgrades 5,000 Important 650 Parking U25 Enforcement Officer Workspace Upgrades 5,000 Important 650 Parking Maintenance Projects 25,000 Important 650 Parking P004 Lot Hardware Sytems 15,000 Important 650 Parking P025 REPLACEMENT VEHICLE 35,000 Important 650 Parking P026 REPLACEMENT VEHICLE 35,000 Important 120,000 670 Stormwater STDM04 HISTORIC PIPE REPLACE PRG 280,000 Important 670 Stormwater STDM05 ANNUAL UNPLANNED PIPE REH 45,000 Important 670 Stormwater STOP03 STORMWATER VEHICLE 35,000 Important 670 Stormwater STOP05 STREET SWEEPER 250,000 Important 670 Stormwater STOS01 SEDIMENT DISP FAC RD RPR 50,000 Important 670 Stormwater STRH01 DOWNTOWN MECH STORM PH3 300,000 Important 960,000 750 Public Works Admin PW011 PUBLIC WORKS SUV 35,000 Important 750 Public Works Admin TEMPORARY BUILDINGS 450,000 Important 485,000 26,844,714 RANKING NOTES Critical: A project that’s already committed to with the public/outside partners/ or developers via infrastructure waivers. Important: Relates to our existing programs and/or deferred maintenance (including equipment replacement) Needed: An item that really expands us into a new area of business/operations Total Captial Projects for All funds Solidwaste Fund Total Parking Fund Parking Fund Total Stormwater Fund Stormwater Fund Total Public Works Admin Fund Public Works Admin Fund 377 POSITIONS THAT ARE NOT INCLUDED IN THE CITY MANAGER'S RECOMMENDED BUDGET FOR FY22, DUE TO FUNDINGFY Fund Deparment Division TitleFTE Related Strategic Plan Section RankingRequested for FY22, but deferred to a future year due to lack of revenue General Fund Police Police Police Officer ‐ Patrol 1.00 3. A SAFE, WELCOMING COMMUNITY ‐ 3.1.e Implement Staffing Plan for PoliceImportantRequested for FY22, but deferred to a future year due to lack of revenue General Fund Police Police Part time Police Officer 0.40 3. A SAFE, WELCOMING COMMUNITY ‐ 3.1.e Implement Staffing Plan for PoliceImportantRequested for FY22, but deferred to a future year due to lack of revenue General Fund Police Police Patrol Supervisor1.00 3. A SAFE, WELCOMING COMMUNITY ‐ 3.1.e Implement Staffing Plan for PoliceImportantRequested for FY22, but deferred to a future year due to lack of revenue General FundParks & Recreation Recreation 2 Lifeguard IIs 0.92 3. A SAFE, WELCOMING COMMUNITY ‐ 3.4. Active RecreationImportantRequested for FY22, but deferred to a future year due to lack of revenue General Fund Strategic Services Facilities Custodian for BPSC 1.00 3. A SAFE, WELCOMING COMMUNITY ‐ 3.1.a Develop a Criminal Justice Facility PlanImportantRequested for FY22, but deferred to a future year due to lack of revenue General Fund Human Resources Human Resources Human Resources Technician 1.00 7. A HIGH PERFORMANCE ORGANIZATION ‐ 7.3 Best Practices, Creativity & ForesightImportantRequested for FY22, but deferred to a future year due to lack of revenue General Fund IT IT .5 IT Support Technician0.50 7. A HIGH PERFORMANCE ORGANIZATION ‐ 7.3 Best Practices, Creativity & ForesightImportantRequested for FY22, but deferred to a future year due to lack of revenue General Fund IT IT Application Support and Integration Specialis1.00 7. A HIGH PERFORMANCE ORGANIZATION ‐ 7.3 Best Practices, Creativity & ForesightImportantRequested for FY22, but deferred to a future year due to lack of revenue General Fund Library Library Change Library Assistant from .5 to 1 FTE 0.50 7. A HIGH PERFORMANCE ORGANIZATION ‐ 7.3 Best Practices, Creativity & ForesightImportantRequested for FY22, but deferred to a future year due to lack of revenue General 25%/StormCommunity DevelopmeCode Enforcement Code Compliance Officer (25% and 75% SW) 0.25 4. A WELL‐PLANNED CITY ‐ 4.2 High Quality Urban ApproachImportantRequested for FY22, but deferred to a future year due to lack of revenue Planning Community DevelopmePlanning Planner III 1.00 4. A WELL‐PLANNED CITY ‐ 4.2 High Quality Urban ApproachImportantRequested for FY22, but deferred to a future year due to lack of revenue Planning Community DevelopmePlanning Planner II 1.00 4. A WELL‐PLANNED CITY ‐ 4.2 High Quality Urban ApproachImportantRequested for FY22, but deferred to a future year due to lack of revenuePlanning/Buidling Inspection Community DevelopmeAdministration Community Development Technician II 1.00 4. A WELL‐PLANNED CITY ‐ 4.2 High Quality Urban ApproachImportantRequested for FY22, but deferred to a future year due to lack of revenue Community HousinCommunity DevelopmeCommunity Housing Affordable Housing Specialist 1.00 4. A WELL‐PLANNED CITY ‐ 4.5.b Develop a Comprehensive Affordable Housing Action PlanImportantRequested for FY22, but deferred to a future year Parks & Trails Dist Parks Parks Short Term Workers‐ Parks 0.20 6. A SUSTAINABLE ENVIRONMENT ‐ 6.5 Parks, Trails & Open Space ImportantRequested for FY22, but deferred to a future year Parks & Trails Dist Parks Parks Short Term Workers‐ Parks 0.20 6. A SUSTAINABLE ENVIRONMENT ‐ 6.5 Parks, Trails & Open Space Important378 POSITIONS THAT ARE NOT INCLUDED IN THE CITY MANAGER'S RECOMMENDED BUDGET FOR FY22, DUE TO FUNDINGFY Fund Deparment Division TitleFTE Related Strategic Plan Section RankingRequested for FY22, but deferred to a future year Parks & Trails Dist Parks Parks Short Term Workers‐ Parks 0.20 6. A SUSTAINABLE ENVIRONMENT ‐ 6.5 Parks, Trails & Open Space ImportantRequested for FY22, but deferred to a future year Parks & Trails Dist Parks Parks Short Term Workers‐ Parks 0.20 6. A SUSTAINABLE ENVIRONMENT ‐ 6.5 Parks, Trails & Open Space ImportantRequested for FY22, but deferred to a future year Parks & Trails Dist Parks Parks Short Term Workers‐ Parks 0.20 6. A SUSTAINABLE ENVIRONMENT ‐ 6.5 Parks, Trails & Open Space ImportantRequested for FY22, but deferred to a future year Parks & Trails Dist Parks Parks Short Term Workers‐ Parks 0.20 6. A SUSTAINABLE ENVIRONMENT ‐ 6.5 Parks, Trails & Open Space ImportantRequested for FY22, but deferred to a future year Parks & Trails Dist Parks Parks Parks Workers 1.00 6. A SUSTAINABLE ENVIRONMENT ‐ 6.5 Parks, Trails & Open Space ImportantRequested for FY22, but deferred to a future year Parks & Trails Dist Parks Parks Parks Workers 1.00 6. A SUSTAINABLE ENVIRONMENT ‐ 6.5 Parks, Trails & Open Space ImportantRequested for FY22, but deferred to a future year Parks & Trails Dist Parks Parks Parks Workers 1.00 6. A SUSTAINABLE ENVIRONMENT ‐ 6.5 Parks, Trails & Open Space ImportantRequested for FY22, but deferred to a future year Parks & Trails Dist Parks Parks Parks Workers 1.00 6. A SUSTAINABLE ENVIRONMENT ‐ 6.5 Parks, Trails & Open Space ImportantRequested for FY22, but deferred to a future year Parks & Trails Dist Parks Parks Seasonal Worker ‐ Parks 0.25 6. A SUSTAINABLE ENVIRONMENT ‐ 6.5 Parks, Trails & Open Space ImportantRequested for FY22, but deferred to a future year Parks & Trails Dist Parks Parks Seasonal Worker ‐ Parks 0.25 6. A SUSTAINABLE ENVIRONMENT ‐ 6.5 Parks, Trails & Open Space ImportantRequested for FY22, but deferred to a future year due to lack of revenue General Fund Fire Fire Battalion Chief‐ Support Services 1.00 3. A SAFE, WELCOMING COMMUNITY ‐ 3.1.f Fire Department AccreditationNeededRequested for FY22, but deferred to a future year due to lack of revenue General Fund Fire Fire 6 Quick Response Vehicle Firefighters 6.00 3. A SAFE, WELCOMING COMMUNITY ‐ 3.1 Public SafetyNeededq,deferred to a future year due to lack of revenue General Fund Economic DevelopmentNeighborhoods Community Liaison 0.50 1. AN ENGAGED COMMUNITY ‐ 1.2 Community EngagementNeeded17.27 RANKING NOTES Critical: A project that’s already committed to with the public/outside partners/ or developers via infrastructure waivers. Important: Relates to our existing programs and/or deferred maintenance (including equipment replacement) Needed: An item that really expands us into a new area of business/operations379 Memorandum REPORT TO:City Commission FROM:Anna Saverud, Assistant City Attorney Greg Sullivan, City Attorney SUBJECT:Ordinance 2076, Generally Revising the Regulations of Firearms and Other Weapons in City Facilities MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:I move to provisionally adopt Ordinance 2076, generally revising the regulation of firearms and other weapons in city facilities, revising definitions, and providing for screening and denial of entry to city facilities for non-compliance. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND: Local government’s authority to regulate firearms changed significantly with the passage of LR 130 and HB 102. Ordinance 2076 amends the Bozeman Municipal Code (BMC) to ensure its compliance with state law. LR 130 Montana voters passed Legislative Referendum 130 (LR 130) in November 2020 and it became effective January 1, 2021. With 50.96% of the vote, LR 130 removed a local government’s power under §7-1-111, MCA to regulate the carry of permitted concealed weapons. Additionally, LR 130 eliminated a local government’s ability to regulate the possession of firearms by “convicted felons, adjudicated mental incompetents, illegal aliens and minors.” While not eliminating a local government’s ability to regulate open carry and unpermitted concealed carry of firearms, LR 130 significantly reduced the locations and situations, including public assemblies and parks, where a local government may exercise that authority. HB 102 380 During the 2021 Montana Legislative Session, the legislature passed House Bill 102 (HB 102) which further limited the authority of local governments to restrict locations where firearms, including open carry, permitted carry, and unpermitted concealed carry could be prohibited. Additionally HB 102 attempted to restrict the authority of the Montana University System and the Board of Regents with regards to firearms on campus property. The portions of the bill affecting the university system have been stayed pending a legal challenge, but the remainder of HB 102 went into effect on February 18, 2021 and is now law. BMC Municipal Code Historically the city has regulated the possession of unpermitted concealed firearms and other weapons within the City. Further the City has prohibited the carrying or possession of any weapon including all firearms in all city- owned buildings and property. The current city ordinances related to weapons are found here. Ordinance 2076 To bring the BMC into compliance with new state law, we recommend the adoption of Ordinance Number 2076. The following sections of Chapter 24, Article 7, Division 2: Weapons remain unchanged: 24.07.150 – Discharge of airguns prohibited when; 24.07.180 Discharge of firearms prohibited; exceptions and; 24.07.190 Bows and crossbows and other devices. While these sections will be renumbered, their contents will not be revised in any way. We propose repealing and replacing Sections 24.07.160 and 24.07.170. Section 24.07.160 has historically prohibited the unpermitted concealed carry of firearms and other weapons throughout the City. During the 2017 Legislative Session, HB 251 removed knives from regulation under §45-8- 316, MCA effectively eliminating a prohibition of concealed carry of knives and other non-firearm weapons. This in addition to the regulatory prohibitions of LR 130 and HB 102 require this section to be repealed in its entirety. Next, Section 24.07.170 BMC contains outdated definitions, specifically names city buildings and properties where firearms and weapons are prohibited which isn’t readily adaptable when the city builds, buys, or sells property, and as currently written Section 24.07.170 prohibits firearms in locations where they are now permissible under LR 130 and HB 102. 381 The proposed language for the new Section 27.07.160 revises definitions and prohibitions, and provides authority for screening. Definitions: 1.“City facility” means any City owned and occupied building or structure, and any building or structure leased and occupied by the City where a governmental function, public service, or public event is held. The use of a city owned or leased building or structure by employees or members of the public, even if for limited periods of time, is considered continual occupation of the building or structure. The term “city facility” includes the grounds immediately adjacent to city owned or leased buildings or structures, including pathways leading to entrances. “Building” shall have the meaning prescribed in §50-60-101, MCA. This definition was written to comply with §45-8-351(2)(a), MCA which provides in relevant part, “A county, city, town, consolidated local government, or other local government unit has power to prevent and suppress the carrying of unpermitted concealed weapons or the carrying of unconcealed weapons to a publically owned and occupied building under its jurisdiction.” (Emphasis added). Guidance on what constitutes “occupied” and how a building is defined was drawn upon by state code. The definition of “occupied structure” in §45-2-101(47), MCA provides a structure is considered occupied “whether or not a person is actually present.” Section 50-60-101(2) defines a building as “a combination of any materials, whether mobile, portable, or fixed, to form a structure and the related facilities for the use or occupancy by persons or property." 2. "Firearm" means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of any explosive; the frame or receiver of any such weapon; and any firearm muffler or firearm silencer. The term “firearm” includes, but is not limited to, a pistol, revolver, rifle, shotgun or machine gun as defined in §45-8-302, MCA. The bulk of this definition is unchanged from the original definition in BMC and is modeled off of 18 U.S.Code §921(a)(3). 3. “Other weapon" includes, but is not limited to, a knife with a blade over 4 inches; a sword; a straight razor; a throwing star; nunchucks; and brass or other metal knuckles. The term “other weapons” includes a destructive device as defined in §45-8-332(1), MCA, or any other article or instrument possessed with the purpose to commit a criminal offense. Local government retains the authority under §45-8-352, MCA to enact a local ordinance prohibiting the possession of a knife on property or in a building owned, leased, or possessed by the local government entity. The length of a knife prohibited was considered knowing many citizens and 382 employees habitually carry small pocket knives. State law addresses the knife length with regards to what weapons schools can prohibit persons from carrying. For schools a knife with a blade of 4 or more inches in length is prohibited pursuant to §45-8-361(5)(b), MCA. This reference and size seem a reasonable compromise balancing the safety or employees and the public with the realities of the prevalence and acceptance of small pocket knives. The majority of the listed weapons mirrors §45- 8-361(5)(b). Prohibitions: Section B contains the prohibitions of where and when firearms may be carried into city facilities. Specifically prohibitions exist for the open carry of a firearm or unpermitted concealed carry of a firearm in a city facility. The open or concealed carry of other weapons is also prohibited. Section B also recognizes Section 4 in HB 102 which in relevant part prohibits permitted concealed carry it two main areas: 1) in secure areas of a law enforcement facility owned by the city and 2) in courtrooms and areas of a courthouse used by court personnel pursuant to a court order. Screening: Section C provides that the City may screen for weapons and deny entry into city facilities for those in possession of a prohibited firearm or other weapon. The city manager is given the discretion when and where to implement screening. This section is where the fiscal note is associated. Staff time and screening equipment are a consideration. Staff proposes adding Section 24.07.190 as a penalty provision for this section. Currently the weapons division of the code does not contain a specific reference to a penalty. When a provision of the BMC does not specify penalty, Sec. 1.01.210 the general penalty for code violations applies. Adding this section does not change the penalty in any way from what it has been, it simply makes it clear what penalty applies when reading the division related to Weapons. UNRESOLVED ISSUES:None identified. ALTERNATIVES:Not amend BMC and allow ordinances not in compliance with state law to remain in code. FISCAL EFFECTS:None identified. City Commission should consider the potential cost of purchasing equipment for screening weapons and staffing to conduct screening when needed. 383 Attachments: ORDINANCE NO. 2076 generally revising regulation of firearms and other weapons.pdf LR-130.pdf HB 102.pdf Report compiled on: June 11, 2021 384 ORDINANCE NO. Page 1 of 6 ORDINANCE NO. 2076 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, GENERALLY REVISING THE REGULATION OF FIREARMS AND OTHER WEAPONS IN CITY FACILITIES, REVISING DEFINITIONS, AND PROVIDING FOR SCREENING AND DENIAL OF ENTRY TO CITY FACILITIES FOR NON-COMPLIANCE. WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and Montana law to establish programs and laws to protect public the health, safety and welfare of the citizens of Bozeman; and WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may exercise any power not prohibited by the constitution, law or charter and neither the Montana Constitution, state law, or the City Charter prohibits the City Commission from adopting this Ordinance; and WHEREAS, the citizens of the State of Montana voted to approve Legislative Referendum 130 (LR130) in November 2020, which became effective immediately January 1, 2021 and removed a local government’s power under §7-1-111, MCA to regulate the carry of permitted concealed firearms and limited the locations and situations where a local government may regulate the open carry of a firearm and/or the unpermitted concealed carry of a firearm; and WHEREAS, the Montana Legislature passed, and Governor Gianforte signed into law, House Bill 102 (“HB 102”) which became effective February 18, 2021 and further limited the authority of local governments to restrict locations where firearms, including open carry, permitted carry, and unpermitted concealed carry could be prohibited; and WHEREAS, pursuant to §45-8-351(2)(a), MCA the City has power to prevent and suppress the carrying of unpermitted concealed weapons and the carrying of unconcealed weapons to a publicly owned and occupied building under its jurisdiction; and 385 ORDINANCE NO. Page 2 of 6 WHEREAS, the Commission recognizes definitions exist in state law for the terms “occupied structure” pursuant to §45-2-101(47) MCA and “building” pursuant to §51-60-101(2), MCA, and finds those definitions instructive when articulating the City’s authority to regulate firearms in city facilities; and WHEREAS, pursuant to §45-8-352(2), MCA the City has power to prohibit the possession of knives in property or in a building it, owns, leases, or possesses; and WHEREAS, the City Commission finds it necessary for the health and safety of City employees and members of the public accessing city facilities to exercise its authority to prohibit firearms and other weapons wherever authorized to do so. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Chapter 24, Article 7, Division 2: Weapons be renumbered and the table of contents shall reflect the following: Sec. 24.07.150 Discharge of airguns prohibited when. Sec. 24.07.160 Weapons in city facilities. Sec. 24.07.170 Discharge of firearms prohibited; exceptions Sec. 24.07.180 Bows and crossbows and other devices Sec. 24.07.190 Penalties Section 2 That Sec. 24.07.160 of the Bozeman Municipal Code be repealed and replaced as follows: Section 24.07.160. Weapons in city facilities. A. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. 1.“City facility” means any City owned and occupied building or structure, and any building or structure leased and occupied by the City where a governmental function, public service, or public event is held. The use of a city owned or leased building or 386 ORDINANCE NO. Page 3 of 6 structure by employees or members of the public, even if for limited periods of time, is considered continual occupation of the building or structure. The term “city facility” includes the grounds immediately adjacent to city owned or leased buildings or structures, including pathways leading to entrances. “Building” shall have the meaning prescribed in §50-60-101, MCA. 2. "Firearm" means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of any explosive; the frame or receiver of any such weapon; and any firearm muffler or firearm silencer. The term “firearm” includes, but is not limited to, a pistol, revolver, rifle, shotgun or machine gun as defined in §45-8-302, MCA. 3. “Other weapon" includes, but is not limited to, a knife with a blade over 4 inches; a sword; a straight razor; a throwing star; nunchucks; and brass or other metal knuckles. The term “other weapons” includes a destructive device as defined in 45-8-332(1), MCA, or any other article or instrument possessed with the purpose to commit a criminal offense. B. Prohibition of firearms and other weapons in city facilities. The open carry of a firearm or possession of an unpermitted concealed firearm by any person in a city facility is prohibited. The open or concealed carry of other weapons by any person in a city facility is prohibited. A person with a valid permit to carry a concealed firearm issued pursuant to §45-8-321, MCA or §45-8-329, MCA is prohibited from carrying a concealed firearm in restricted areas of a city facility including a courtroom or other area used by court personnel, pursuant to a court order, and secure areas of a law enforcement facility owned and operated by the city. C. Screening for firearms and other weapons. Screening for firearms and other weapons at city facilities is permissible. The city manager may determine the circumstances and locations where screening is required and may establish standards for such screening. The City may, in the discretion of its employees or officials acting within their official capacity, deny entrance into a city facility to a person who, in a city facility: (i) possesses an openly visible firearm; (ii) possesses an unpermitted concealed firearm; (iii) possesses any other weapon; or (iv) possesses a permitted concealed weapon in locations of city facilities that have been restricted pursuant to court order or state law. The City may require a person to present proof of a valid permit to carry a concealed firearm in a city facility. Refusing to provide a city employee or official proof of a valid permit to carry a concealed firearm is the basis for denial of entry to the city facility. D. Exceptions. The provisions of subsection B of this section does not apply to: 1. Any peace officer of the state; 2. Any officer of the United States government authorized to carry a concealed firearm or other weapon; 3. Any member of the armed services or reserve forces of the United States or National Guard, while in the performance of their official duties; 387 ORDINANCE NO. Page 4 of 6 4. A probation or parole officer authorized to carry a firearm under §46-23-1002, MCA; 5. An agent of the state department of justice; 6. A person authorized by the chief of police to carry or possess an unconcealed weapon on city property. 7. Persons authorized by the city manager for trainings, education courses, or other events such as gun shows approved to occur in city facilities. Persons with exceptions to possess firearms or other weapons in a city facility may be screened pursuant to subsection C and required to provide identification and qualifications upon request of a city employee or official. E. Signage. Signs providing notice of the prohibitions of this section shall be posted at city facilities. Section 3 That Sec. 24.07.190 – “Penalty” be added as follows: Sec. 24.07.190. Penalty. A violation of a prohibition of this division is a misdemeanor punishable by up to six months in jail or a fine not to exceed $500 or both. 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. 388 ORDINANCE NO. Page 5 of 6 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. The provisions of Sections 1, 2 and 3 shall be codified as appropriate in Chapter 24 of the Bozeman Municipal Code. Section 7 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. 389 ORDINANCE NO. Page 6 of 6 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 22nd day of June, 2021. ____________________________________ Cyndy Andrus Mayor ATTEST: ____________________________________ Mike Maas, City Clerk City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 390 BALLOT LANGUAGE FOR LEGISLATIVE REFERENDUM NO. 130 (LR-130) LEGISLATIVE REFERENDUM NO. 130 AN ACT REFERRED BY THE LEGISLATURE AN ACT REVISING FIREARMS LAWS TO SECURE THE RIGHT TO KEEP AND BEAR ARMS AND TO PREVENT A PATCHWORK OF RESTRICTIONS BY LOCAL GOVERNMENTS ACROSS THE STATE AND PROVIDING THAT LOCAL GOVERNMENTS MAY NOT REGULATE THE CARRYING OF CONCEALED WEAPONS; PROVIDING THAT THE PROPOSED ACT BE SUBMITTED TO THE QUALIFIED ELECTORS OF MONTANA; AMENDING SECTIONS 7-1-111 AND 45-8-351, MCA; AND PROVIDING AN EFFECTIVE DATE. The 2019 Legislature submitted this proposal for a vote. LR-130 generally restricts a county, city, town, consolidated local government, or other local government unit's authority to regulate the carrying of firearms. It removes a local government unit’s power to regulate the carrying of permitted concealed weapons or to restrict the carrying of unconcealed firearms except in publicly owned and occupied buildings under the local government unit’s jurisdiction. It repeals a local government unit’s authority to prevent or suppress the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors. Federal and other state firearm restrictions would remain unchanged, including for these individuals. Local firearm ordinances that conflict with LR-130 could not be enforced. [] YES on Legislative Referendum LR-130 [] NO on Legislative Referendum LR-130 391 THE COMPLETE TEXT OF HOUSE BILL NO. 357, REFERRED BY LR-130 AN ACT REVISING FIREARMS LAWS TO SECURE THE RIGHT TO KEEP AND BEAR ARMS AND TO PREVENT A PATCHWORK OF RESTRICTIONS BY LOCAL GOVERNMENTS ACROSS THE STATE AND PROVIDING THAT LOCAL GOVERNMENTS MAY NOT REGULATE THE CARRYING OF CONCEALED WEAPONS; PROVIDING THAT THE PROPOSED ACT BE SUBMITTED TO THE QUALIFIED ELECTORS OF MONTANA; AMENDING SECTIONS 7-1-111 AND 45-8-351, MCA; AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. Policy. It is the policy of the state that the citizens of the state should be aware of, understand, and comply with any restrictions on the right to keep or bear arms that the people have reserved to themselves in Article II, section 12, of the Montana constitution, and that to minimize confusion the legislature withholds from local governments the power to restrict or regulate the possession of firearms. Section 2. Section 7-1-111, MCA, is amended to read: "7-1-111. Powers denied. A local government unit with self-government powers is prohibited from exercising the following: (1) any power that applies to or affects any private or civil relationship, except as an incident to the exercise of an independent self-government power; (2) any power that applies to or affects the provisions of 7-33-4128 or Title 39, except that subject to those provisions, it may exercise any power of a public employer with regard to its employees; (3) any power that applies to or affects the public school system, except that a local unit may impose an assessment reasonably related to the cost of any service or special benefit provided by the unit and shall exercise any power that it is required by law to exercise regarding the public school system; (4) any power that prohibits the grant or denial of a certificate of compliance or a certificate of public convenience and necessity pursuant to Title 69, chapter 12; 392 (5) any power that establishes a rate or price otherwise determined by a state agency; (6) any power that applies to or affects any determination of the department of environmental quality with regard to any mining plan, permit, or contract; (7) any power that applies to or affects any determination by the department of environmental quality with regard to a certificate of compliance; (8) any power that defines as an offense conduct made criminal by state statute, that defines an offense as a felony, or that fixes the penalty or sentence for a misdemeanor in excess of a fine of $500, 6 months' imprisonment, or both, except as specifically authorized by statute; (9) any power that applies to or affects the right to keep or bear arms, except that a local government has the power to regulate the carrying of concealed weapons; (10) any power that applies to or affects a public employee's pension or retirement rights as established by state law, except that a local government may establish additional pension or retirement systems; (11) any power that applies to or affects the standards of professional or occupational competence established pursuant to Title 37 as prerequisites to the carrying on of a profession or occupation; (12) except as provided in 7-3-1105, 7-3-1222, or 7-31-4110, any power that applies to or affects Title 75, chapter 7, part 1, or Title 87; (13) any power that applies to or affects landlords, as defined in 70-24-103, when that power is intended to license landlords or to regulate their activities with regard to tenants beyond what is provided in Title 70, chapters 24 and 25. This subsection is not intended to restrict a local government's ability to require landlords to comply with ordinances or provisions that are applicable to all other businesses or residences within the local government's jurisdiction. (14) subject to 7-32-4304, any power to enact ordinances prohibiting or penalizing vagrancy; (15) subject to 80-10-110, any power to regulate the registration, packaging, labeling, sale, storage, distribution, use, or application of commercial fertilizers or soil amendments, except that a local government may enter into a cooperative agreement with the department of agriculture concerning the use and application of commercial fertilizers or soil amendments. 393 This subsection is not intended to prevent or restrict a local government from adopting or implementing zoning regulations or fire codes governing the physical location or siting of fertilizer manufacturing, storage, and sales facilities. (16) subject to 80-5-136(10), any power to regulate the cultivation, harvesting, production, processing, sale, storage, transportation, distribution, possession, use, and planting of agricultural seeds or vegetable seeds as defined in 80-5-120. This subsection is not intended to prevent or restrict a local government from adopting or implementing zoning regulations or building codes governing the physical location or siting of agricultural or vegetable seed production, processing, storage, sales, marketing, transportation, or distribution facilities. (17) any power that prohibits the operation of a mobile amateur radio station from a motor vehicle, including while the vehicle is in motion, that is operated by a person who holds an unrevoked and unexpired official amateur radio station license and operator's license, "technician" or higher class, issued by the federal communications commission of the United States; (18) subject to 76-2-240 and 76-2-340, any power that prevents the erection of an amateur radio antenna at heights and dimensions sufficient to accommodate amateur radio service communications by a person who holds an unrevoked and unexpired official amateur radio station license and operator's license, "technician" or higher class, issued by the federal communications commission of the United States; (19) any power to require a fee and a permit for the movement of a vehicle, combination of vehicles, load, object, or other thing of a size exceeding the maximum specified in 61-10- 101 through 61-10-104 on a highway that is under the jurisdiction of an entity other than the local government unit; (20) any power to enact an ordinance governing the private use of an unmanned aerial vehicle in relation to a wildfire." Section 3. Section 45-8-351, MCA, is amended to read: "45-8-351. Restriction on local government regulation of firearms. (1) Except as provided in subsection (2), a county, city, town, consolidated local government, or other local government unit may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer (including delay in purchase, sale, or other transfer), ownership, possession, 394 transportation, use, or unconcealed carrying of any weapon, including a rifle, shotgun, handgun, or concealed handgun. (2) (a) For public safety purposes, a city or town may regulate the discharge of rifles, shotguns, and handguns. A county, city, town, consolidated local government, or other local government unit has power to prevent and suppress the carrying of unpermitted concealed weapons or the carrying of unconcealed weapons to a public assembly, publicly owned and occupied building, park under its jurisdiction, or school, and the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors. (b) Nothing contained in this section allows any government to prohibit the legitimate display of firearms at shows or other public occasions by collectors and others or to prohibit the legitimate transportation of firearms through any jurisdiction, whether in airports or otherwise. (c) A local ordinance enacted pursuant to this section may not prohibit a legislative security officer who has been issued a concealed weapon permit from carrying a concealed weapon in the state capitol as provided in 45-8-317." Section 4. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 45, chapter 8, part 3, and the provisions of Title 45, chapter 8, part 3, apply to [section 1]. Section 5. Coordination instruction. If House Bill No. 325 is passed and approved, then [this act] is void. Section 6. Effective date. If approved by the electorate, [this act] is effective January 1, 2021. Section 7. Submission to electorate. [This act] shall be submitted to the qualified electors of Montana at the general election to be held in November 2020 by printing on the ballot the full title of [this act] and the following: [] YES on Legislative Referendum __. [] NO on Legislative Referendum __. 395 396 67th Legislature HB 102 - 1 - Authorized Print Version – HB 102 ENROLLED BILL AN ACT GENERALLY REVISING GUN LAWS; PROVIDING A LEGISLATIVE PURPOSE, INTENT, AND FINDINGS; PROVIDING LOCATIONS WHERE CONCEALED WEAPONS MAY BE CARRIED AND EXCEPTIONS; PROHIBITING THE MONTANA UNIVERSITY SYSTEM AND BOARD OF REGENTS FROM INFRINGING ON CONSTITUTIONAL RIGHTS AND PROVIDING EXCEPTIONS; PROVIDING A SEPARATE CIVIL CAUSE OF ACTION FOR VIOLATIONS OF THIS ACT; AMENDING SECTIONS 45-3-111, 45-8-316, 45- 8-328, AND 45-8-351, MCA; REPEALING SECTIONS 45-8-317 AND 45-8-339, MCA; AND PROVIDING EFFECTIVE DATES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. Purpose. The purpose of [sections 1 through 11] is to enhance the safety of people by expanding their legal ability to provide for their own defense by reducing or eliminating government-mandated places where only criminals are armed and where citizens are prevented from exercising their fundamental right to defend themselves and others. Section 2. Legislative intent. It is the intent of the legislature to reduce or remove provisions of law that limit or prohibit the ability of citizens to defend themselves by restricting with prior restraint the right to keep or bear arms that the people have reserved to themselves in the Montana constitution, and to further establish that the right to defense of a person’s life, liberty, or property is a fundamental right. Section 3. Legislative findings. The legislature declares and finds as follows: (1) Nowhere in Article X, section 9(2)(a), of the Montana constitution is any power granted to amend, suspend, alter, or abolish the Montana constitution, nor is any power granted to affect or interfere with the rights the people have reserved to themselves specifically from interference by government entities and government 397 67th Legislature HB 102 - 2 - Authorized Print Version – HB 102 ENROLLED BILL actors in Article II of the Montana constitution. (2) The Montana university system was created and is controlled by the Montana constitution and the land and buildings occupied by the university system are public property and not private property and are therefore clearly government entities. (3) Any significant prohibition upon the possession of firearms at or on the various campuses of the Montana university system calls into question the rights that the people have reserved to protect themselves from government interference under Article II, section 12, of the Montana constitution. (4) Zones where guns are prohibited provide an increased risk to the health and safety of citizens because these zones create an unreasonable expectation of government-provided safety, while that safety cannot be provided or ensured. (5) In District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. City of Chicago, 561 U.S. 742 (2010), the United States supreme court affirmed that the second amendment to the United States constitution reserves to individuals the fundamental right to keep and bear arms for self-defense and is applicable as a restriction upon state and local governments and all political subdivisions of state and local government through the 14th amendment to the United States constitution. Section 4. Where concealed weapon may be carried -- exceptions. A person with a current and valid permit issued pursuant to 45-8-321 or recognized pursuant to 45-8-329 may not be prohibited or restricted from exercising that permit anywhere in the state, except: (1) in a correctional, detention, or treatment facility operated by or contracted with the department of corrections or a secure treatment facility operated by the department of public health and human services; (2) in a detention facility or secure area of a law enforcement facility owned and operated by a city or county; (3) at or beyond a security screening checkpoint regulated by the transportation security administration in a publicly owned, commercial airport; (4) in a building owned and occupied by the United States; (5) on a military reservation owned and managed by the United States; (6) on private property where the owner of the property or the person who possesses or is in control 398 67th Legislature HB 102 - 3 - Authorized Print Version – HB 102 ENROLLED BILL of the property, including a tenant or lessee of the property, expressly prohibits firearms; (7) within a courtroom or an area of a courthouse in use by court personnel pursuant to an order of a justice of the peace or judge; or (8) in a school building as determined by a school board pursuant to 45-8-361. Section 5. Prohibition on infringement of constitutional rights. The board of regents and all university system employees subject to the authority of the board of regents are prohibited from enforcing or coercing compliance with any rule or regulation that diminishes or restricts the rights of the people to keep or bear arms as reserved to them in Article II of the Montana constitution, especially those rights reserved in Article II, sections 4 through 12, notwithstanding any authority of the board of regents under Article X, section 9(2)(a), of the Montana constitution. Section 6. Regulation of firearms prohibited for certain people -- exceptions. (1) Except as provided in subsection (2), the board of regents and any unit of the university system may not regulate, restrict, or place an undue burden on the possession, transportation, or storage of firearms on or within university system property by a person eligible to possess a firearm under state or federal law and meeting the minimum safety and training requirements in 45-8-321(3). (2) The board of regents or a unit of the university system may prohibit or regulate the following: (a) the discharge of a firearm on or within university system property unless the discharge is done in self-defense; (b) the removal of a firearm from a gun case or holster unless the removal is done in self-defense or within the domicile on campus of the lawful possessor of the firearm; (c) the pointing of a firearm at another person unless the lawful possessor is acting in self-defense; (d) the carrying of a firearm outside of a domicile on campus unless the firearm is within a case or holster; (e) the failure to secure a firearm with a locking device whenever the firearm is not in the possession of or under the immediate control of the lawful possessor of the firearm; (f) the possession or storage of a firearm in an on-campus dormitory or housing unit without the 399 67th Legislature HB 102 - 4 - Authorized Print Version – HB 102 ENROLLED BILL express permission of any roommate of the lawful possessor of the firearm; (g) the possession or storage of a firearm by any individual who has a history of adjudicated university system discipline arising out of the individual's interpersonal violence or substance abuse; (h) the possession of a firearm at an event on campus where campus authorities have authorized alcohol to be served and consumed; and (i) the possession of a firearm at an athletic or entertainment event open to the public with controlled access and armed security on site. Section 7. Remedy for violations Any person that suffers deprivation of rights enumerated under [sections 1 through 6] has a cause of action against any governmental entity, as defined in 2-9-101. The cause of action must be filed in district court. If a person asserting a deprivation of rights prevails, the person may be awarded reasonable costs, attorney fees, and damages. Section 8. Section 45-3-111, MCA, is amended to read: "45-3-111. Openly carrying weapon -- display -- exemption. (1) Any person who is not otherwise prohibited from doing so by federal or state law may openly carry a weapon and may communicate to another person the fact that the person has a weapon. (2) If a person reasonably believes that the person or another person is threatened with bodily harm, the person may warn or threaten the use of force, including deadly force, against the aggressor, including drawing or presenting a weapon. (3) This section does not limit the authority of the board of regents or other postsecondary institutions to regulate the carrying of weapons, as defined in 45-8-361(5)(b), on their campuses." Section 9. Section 45-8-316, MCA, is amended to read: "45-8-316. Carrying concealed firearms -- exemption. (1) A person who carries or bears concealed upon the individual's person a firearm shall be punished by a fine not exceeding $500 or by imprisonment in the county jail for a period not exceeding 6 months, or both. (2) A person who has previously been convicted of an offense, committed on a different occasion 400 67th Legislature HB 102 - 5 - Authorized Print Version – HB 102 ENROLLED BILL than the offense under this section, in this state or any other jurisdiction for which a sentence to a term of imprisonment in excess of 1 year could have been imposed and who carries or bears concealed upon the individual's person a firearm shall be punished by a fine not exceeding $1,000 or be imprisoned in the state prison for a period not exceeding 5 years, or both. (3) This section does not apply to a person eligible to possess a firearm under state or federal law." Section 10. Section 45-8-328, MCA, is amended to read: "45-8-328. Carrying concealed weapon in prohibited place -- penalty. (1) Except for a person issued a permit pursuant to 45-8-321 or a person recognized pursuant to 45-8-329 legislative security officers authorized to carry a concealed weapon in the state capitol as provided in 45-8-317(1)(k), a person commits the offense of carrying a concealed weapon in a prohibited place if the person purposely or knowingly carries a concealed weapon in: (a) portions of a building used for state or local government offices and related areas in the building that have been restricted;. (b) a bank, credit union, savings and loan institution, or similar institution during the institution's normal business hours. It is not an offense under this section to carry a concealed weapon while: (i) using an institution's drive-up window, automatic teller machine, or unstaffed night depository; or (ii) at or near a branch office of an institution in a mall, grocery store, or other place unless the person is inside the enclosure used for the institution's financial services or is using the institution's financial services. (c) a room in which alcoholic beverages are sold, dispensed, and consumed under a license issued under Title 16 for the sale of alcoholic beverages for consumption on the premises. (2) It is not a defense that the person had a valid permit to carry a concealed weapon. A person convicted of the offense shall be imprisoned in the county jail for a term not to exceed 6 months or fined an amount not to exceed $500, or both." Section 11. Section 45-8-351, MCA, is amended to read: "45-8-351. Restriction on local government regulation of firearms. (1) Except as provided in subsection (2), a county, city, town, consolidated local government, or other local government unit may not 401 67th Legislature HB 102 - 6 - Authorized Print Version – HB 102 ENROLLED BILL prohibit, register, tax, license, or regulate the purchase, sale or other transfer (including delay in purchase, sale, or other transfer), ownership, possession, transportation, use, or unconcealed carrying of any weapon, including a rifle, shotgun, handgun, or concealed handgun. (2) (a) For public safety purposes, a city or town may regulate the discharge of rifles, shotguns, and handguns. A county, city, town, consolidated local government, or other local government unit has power to prevent and suppress the carrying of unpermitted concealed weapons or the carrying of unconcealed weapons to a publicly owned and occupied building under its jurisdiction. (b) Nothing contained in this section allows any government to prohibit the legitimate display of firearms at shows or other public occasions by collectors and others or to prohibit the legitimate transportation of firearms through any jurisdiction, whether in airports or otherwise. (c) A local ordinance enacted pursuant to this section may not prohibit a legislative security officer who has been issued a concealed weapon permit from carrying a concealed weapon in the state capitol as provided in 45-8-317." NEW SECTION. Section 12. Repealer. The following sections of the Montana Code Annotated are repealed: 45-8-317. Exceptions. 45-8-339. Carrying firearms on train -- penalty. Section 13. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. Section 14. Codification instruction. [Sections 1 through 7] are intended to be codified as an integral part of Title 45, chapter 8, part 3, and the provisions of Title 45, chapter 8, part 3, apply to [sections 1 through 7]. Section 15. Effective dates. (1) Except as provided in subsection (2), [this act] is effective on 402 67th Legislature HB 102 - 7 - Authorized Print Version – HB 102 ENROLLED BILL passage and approval. (2) [Section 6] is effective June 1, 2021. - END - 403 HOUSE BILL NO. 102 INTRODUCED BY S. BERGLEE, M. BINKLEY, L. BREWSTER, N. DURAM, P. FIELDER, G. FRAZER, J. FULLER, S. GALLOWAY, E. HILL, C. HINKLE, J. HINKLE, M. HOPKINS, J. KASSMIER, C. KNUDSEN, R. KNUDSEN, B. LER, R. MARSHALL, T. MOORE, J. PATELIS, B. PHALEN, V. RICCI, J. SCHILLINGER, K. SEEKINS-CROWE, L. SHELDON-GALLOWAY, J. TREBAS, S. VINTON, D. SKEES, J. CARLSON, J. GILLETTE, S. KERNS, B. MITCHELL, M. NOLAND, M. STROMSWOLD, B. TSCHIDA, B. BEARD, W. GALT, B. USHER, K. ZOLNIKOV AN ACT GENERALLY REVISING GUN LAWS; PROVIDING A LEGISLATIVE PURPOSE, INTENT, AND FINDINGS; PROVIDING LOCATIONS WHERE CONCEALED WEAPONS MAY BE CARRIED AND EXCEPTIONS; PROHIBITING THE MONTANA UNIVERSITY SYSTEM AND BOARD OF REGENTS FROM INFRINGING ON CONSTITUTIONAL RIGHTS AND PROVIDING EXCEPTIONS; PROVIDING A SEPARATE CIVIL CAUSE OF ACTION FOR VIOLATIONS OF THIS ACT; AMENDING SECTIONS 45-3-111, 45-8-316, 45- 8-328, AND 45-8-351, MCA; REPEALING SECTIONS 45-8-317 AND 45-8-339, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE DATES. 404 I hereby certify that the within bill, HB 102, originated in the House. ___________________________________________ Chief Clerk of the House ___________________________________________ Speaker of the House Signed this _______________________________day of____________________________________, 2021. ___________________________________________ President of the Senate Signed this _______________________________day of____________________________________, 2021. 405 Memorandum REPORT TO:City Commission FROM:Jeff Mihelich, City Manager Greg Sullivan, City Attorney Jennifer Giuttari, Assistant City Attorney Melody Mileur, Communications Coordinator Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Direction to the City Manager on Moving Forward with Consolidation of City Boards to Align with the City's Adopted Strategic Plan MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to request the City Manager present the Commission with implementing ordinances and resolutions to consolidate city boards pursuant to the proposal contained in the May 27, 2021 Staff Memorandum for action in August 2021. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:This item is a continuation of the Work Session from May 25, 2021; minor corrections have been made to the Proposal Staff Memo for accuracy and clarity. During this item, we will present a proposal for consolidating the City’s boards and committees to align with the adopted Strategic Plan. This item enables the Commission to request the City Manager to present the Commission with implementing resolutions and ordinances this coming August. At the January 12, 2021 Commission meeting, the Commission identified its Strategic Plan priorities for 2021 . Included is the priority of “Community Engagement,” in which the City commits to broadening and deepening the engagement of the community in local government. As noted above, this priority contains two implementing goals related to citizen boards. During the February 23, 2021 City Commission work session, the City Manager proposed to consolidate the City’s Citizen Advisory Boards as a means to modernize the City’s Boards into an efficient and sustainable structure. A 406 consolidated citizen advisory board structure will streamline the boards’ work, increase transparency in the boards’ function and roles, enhance collaboration between City staff, board members, and the City Commission, and create more equitable and inclusive boards. After the February 23, 2021 Commission meeting, City staff surveyed the Board Chairs to determine each board’s vision for consolidation. We asked the surveyed boards to identify its preference. We also researched each board’s enabling legislation and rules of procedure to determine which boards would merge best. Based on this work, we identified complimentary functions and duties, and commonalties shared amongst the boards. After this research period, we concluded many of the existing citizen advisory boards could consolidate into six boards to include: Safe Community. Provide a safe and healthy place to live, work, learn, and play. Sustainability (Environmental, Social, Economic). Cultivate strong environmental, social, and economic ethics that will promote sustainable businesses and lifestyles. Parks and Open Lands. Grow, maintain, and preserve the natural resources in the City for all those who live and visit the area. Transportation. Build and support a robust and efficient transportation network and system. Community Development. Improves the community’s quality of life as it grows and changes, honors sense of place and neighborhood feel, and plans for a livable and more connected city. Cultural Services. Expand access to diverse cultural and recreational amenities. Additionally, in conjunction with board consolidation efforts, the City Clerk’s Office is developing a High Performing Boards model to foster public trust through collaboration and cooperation to achieve the following goals: Increase efficiency and efficacy of advisory board input; Formalize and streamline communications between advisory boards, the City Commission, and the public; Ensure policies and not personalities are the dominant driving factor of decision-making; and Create consistency, predictability, and stability by clearly defining expectations, functions, and roles. The City currently has nearly 40 boards and committees (including inter- governmental boards), each of which exist pursuant to one of three legal authorities: City authority, State law, or an interlocal agreement. Because each board and committee was created through different enabling mechanisms, upon consolidation, some boards must continue to exist within a consolidated board. In limited instances, such as the Board of Ethics, we recommend leaving the board independent as we believe doing so is the best way to ensure the integrity of a particular the board’s duties. 407 When a newly consolidated board has multiple legal mandates requiring specific qualifications for a board member, the board will have a subsect of members who must meet the statutorily required qualifications. For example, for a city to have a public library, five board of trustees must administer it. As described in the proposal for the Cultural Services Board, the functions of the Library Board will exist within the new Cultural Services Board. The Commission must appoint five members of the Cultural Services Board to serve as the Library Board. When the Cultural Services Board meets, the five members appointed as the Library Board will meet in the same meeting with their actions listed as “Library Board” on the same agenda as the Cultural Services Board. In the attached proposal, under section I, we provide information regarding our recommendation for the high performing board program. Then, under section II, we discuss each of the six new proposed boards. In this section, under each proposed new board, we provide a statement on the current boards that will be subsumed within the new board structure and we also discuss any qualification requirements for membership. Please note that if we do not provide advice or recommendations regarding specific mandatory qualifications we suggest board members be appointed as citizens-at-large. Appendix A: Attached to the proposal memorandum we provide a chart for all of the proposed board structures. Each chart depicts for each member of the new board which existing board function an individual member will fulfill. After we discuss the proposed consolidation structure, in section III, we provide information on a number of boards we determine either should, or must, remain independent. This includes boards such as the Inter- Neighborhood Council, the Downtown Bozeman Partnership (Downtown Urban Renewal and Business Improvement District), and the Ethics Board. Except for the Pedestrian Traffic Safety Committee and the Transportation Coordinating Committee (see attached), we do not discuss boards created by interlocal agreement. These are inter-governmental boards where the City Commission appoints one or more members but does not control the majority of appointments (e.g. the Board of Health). We propose leaving these as currently structured. Finally, under Next Steps, we discuss a proposed timeframe for moving forward. UNRESOLVED ISSUES:There are no identified unresolved issues at this time. ALTERNATIVES:As directed by the Commission. FISCAL EFFECTS:None 408 Attachments: Board Consolidation Proposal Staff Memorandum May 27, 2021.docx Board Appendix.docx Report compiled on: May 27, 2021 409 Commission Memorandum Board Consolidation Proposal Memo (May 25, 2021) -1- REPORT TO:Honorable Mayor and City Commission FROM:Jeff Mihelich, City Manager Greg Sullivan, City Attorney Jen Giuttari, Assistant City Attorney Melody Mileur, Communications Director Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Direction to the City Manager on Moving Forward with Consolidation of City Boards to Align with the City’s Adopted Strategic Plan MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Work Session RECOMMENDATION:City Staff seek authorization from the City Commission to begin drafting amended Resolutions and Ordinances for the Commission’s consideration in August, 2021. 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.” This policy statement contains as an implementing goal to: “Enhance City Committees and Advisory Boards - Restructure or combine City boards and committees to more effectively advise the City and engage the public.” In addition, this policy calls for creating a Standard Boards and Commission Onboarding and Education Process to increase education for boards, advisory boards, and the zoning commission. PROPOSAL: I.High Performing Board Model Creates Uniformity and Consistency in the Execution of a Board’s Duties. The City Clerk’s Office is developing a High Performing Boards model for Commission approval with the purpose to create boards that function at a higher level. This work stems from implementing goals of the City’s Strategic Plan priority 1.2. Implementing a more standardized 410 Board Consolidation Proposal Memo (May 25, 2021) -2- approach for board operations will create increased efficiency and efficacy of board input, formalize and streamline communications, and direct policy driven decision-making. A. GOAL: Increase efficiency and efficacy of advisory board input. 1.Membership is to be defined in clear terms, including member qualification requirements, in the legislative creation of each board’s structure with limitations including but not limited to: Board members may only serve in one appointed position at a time; Unless otherwise required by law, board membership will be limited to two terms; The balance of an unexpired term served by an appointee shall be considered a “complete term” if such unexpired term exceeds 50% of the full term; Unless otherwise authorized or required by law, members of the consolidated board must be residents of the City; and All appointed terms will expire on June 30 of their given year. 2.Recruitment should consider how the City address diversity and inclusion goals. Commission and staff are encouraged to actively recruit qualified members to apply. Recruitment will occur in three methods: Standing/open – Vacancies and instruction for application will be posted in the lobby of City Hall and on the City website; Biannual active solicitation period, as prescribed in the City Charter; and As necessitated by vacancies. 3.Review of applicants will occur by a panel consisting of the assigned Commission liaison, board chair, and staff liaison: Commission liaison will be selected at biannual appointment period in January after new Commission members are sworn in; Board officers will be appointed by the City Commission (chair & vice-chair); Staff liaison will be assigned by the City Manager; and Interview questions will be more detailed than the standard application with a focus on potential conflicts of interest, compliance with norms of conduct, including but not limited to decorum, communications, and the concept of acting as a body with one voice. 4.A formalized recommendation process will follow a designated timeline to shorten the length of time from application to appointment. B. GOAL: Formalize and streamline communications betweenthe City Commission,the boards, and the public. 1.The City Commission will communicate to the boards via policy decisions, two-year Strategic Plan, work plans, and project approval; 2.The board must communicate to the Commission via minutes, work plans, progress reports, or formal recommendations/resolutions voted on by the board; 411 Board Consolidation Proposal Memo (May 25, 2021) -3- 3.Board chairs must communicate with the staff liaison on matters related to the board; 4.Board chairs must communicate with the commission liaison on matters related to policy; 5.Board members must communicate to the Commission only when that member is expressly authorized to speak on behalf of the board (one body, one voice principal); 6.Board members must only communicate the board’s final, formal recommendation to the Commission (one body, one voice principal); 7.Exceptions to the communication channels will be limited to matters of scheduling; 8.Minutes of the boards shall be regularly provided to both the City Commission and the public; and 9.City staff shall develop minutes that the board will review and approve. C. GOAL: Policy driven decision-making. 1.Board officers shall be appointed every two years by the City Commission during a regular meeting in July; 2.A board’s two-year work plan must align with the Commission’s adopted Strategic Plan; 3.Established board members are encouraged to share their experience and knowledge with new members; 4.Agendas will be created by the staff liaison with collaboration from the board chair and provided to the City Clerk’s Office by noon on the Friday the week prior to the scheduled meeting; and 5.Boards shall not appropriate money, except where expressly authorized by law. D. GOAL: Create consistency, predictability, and stability by clearly defining expectations, functions, and roles. 1.The City Clerk’s Office, the City Attorney’s Office, and the City Manager will draft a norms policy to be modeled upon the City Commission’s norms as presented in Resolution 5124 and create rules of procedure modeled upon the City Commission’s as presented in Chapter 2, Article 2, BMC. 2.The City Clerk’s Office will provide a general onboarding and annual trainings on: “Effective Meetings” - a training to be administered to all board officers; Boards procedures, process, and requirements, including but not limited to Robert’s Rules of Order, records requirements, quorum and noticing requirements, use of email, and expectations of members; Initial ethics training, including handbook acknowledgement; Annual ethics training – all board members are required to attend annual training, either in-person or in such other fashion as the City Manager and City Attorney may deem appropriate; and Financial disclosure document when required. 412 Board Consolidation Proposal Memo (May 25, 2021) -4- 3.Staff liaisons will provide subject matter expertise during onboarding, including but not limited to: Board purpose as outlined in enabling legislation; Statutory requirements; The current approved work plan; Specific projects underway and/or recently completed, which are illustrative of the board’s work; and Typical items under purview of the board. 4.A six-month check-in process for new members will be created. Staff liaisons will take the lead role in scheduling check-in with City Manager approval. The six-month check-in will take place with Commission liaison, board chair, and staff liaison; and All onboarding and training requirements must be fulfilled with six months of the appointment of any member. E. Roles and Duties. 1.Commission liaison: Selected during meeting in January following swearing in of Commissioners post- election; Actively recruit qualified members to fill vacancies; Lead interviewer of applicants; Primary contact on the City Commission for the board; Assist resolution of questions about role of City Commission, City Manager, and the board; Establish contact with board chair and effectively communicate the role of the liaison; Provide procedural direction and relay City Commission’s position to the board, and communicate to the board the liaison’s role is not to direct board; Serve as contact rather than an advocate; Review work plan and make recommendations to the City Commission regarding the work plan; Identify and assist in resolution of any problems with functioning of the board; and Assist training of new board and City Commission members by providing suggestions and information to staff members responsible for providing training. 2.Board Chair: Meeting facilitator; Set tone – civility; Be fair and impartial; and Polite reminders – civility, germane, etc. 413 Board Consolidation Proposal Memo (May 25, 2021) -5- 3.Board Members: Support chair/staff’s efforts; Model civil behavior; Be prepared, attentive, and participate; Follow rules of procedure and norms of behavior; Wait to be recognized for turn to speak; and Speak to the issue. II.Proposed Board Consolidation Structure. We propose the following consolidation structure: A. Safe Community Board. Safe Community Board members will understand that for our community to thrive, a healthy and a safe environment – to live, work, and play – is critical. Safe Community Board members will focus on pursuing initiatives that build trust and confidence amongst individual citizens, community stakeholders, and the City of Bozeman. The Safe Community Board will consist of seven board members who serve two-year terms. The Safe Community Board will contain the current duties of the Police Commission, the Impact Advisory Fee Committee, the Building Board of Appeals, and the Fire Board of Appeals. Due to the particularized work of this board, as explained below, certain members of this board are required by law to have specific qualifications. 1. Background and Required Qualifications of Current Board Members. Impact Fee Advisory Committee. The City currently has four impact fees (fire, water, sewer, and transportation) the Impact Fee Advisory Committee (IFAC) advises on. Under the current structure, the Commission must appoint nine members to IFAC. The current membership includes the City Engineer, the City Finance Director, a certified public accountant, a builder, a land developer, two citizens of the City not employed in the development industry, and two other members selected by the Commission. The City’s requirements follow former Montana law. Now, Montana law only mandates at least one representative of the development community serve on the IFAC. We recommend amending the membership from nine to seven. Next, we recommend removing the requirement for a certified public accountant, builder, and land developer and re-assign those positions as citizen-at-large positions (except for the one position that must be a designated representative of the development community). Finally, we recommend the Commission remove the two City staff. 414 Board Consolidation Proposal Memo (May 25, 2021) -6- Building Board of Appeals.1 This board currently consists of five members who the Commission appoints, and who must have experience and training on building construction. City staff recommend amending the membership from five to three. This means only three of the members appointed to the Safe Community Board will be appointed to serve on the Building Code Board of Appeals. Fire Board of Appeals.2 This Board currently consists of five members who the Commission appoints, and who must have experience and training pertaining to fire, explosions, hazardous conditions, or fire protection systems. We recommend amending themembership from five to three.This means only three of the members appointed to the Safe Community Board will be appointed to serve on the Fire Board of Appeals. Police Commission. Montana law requires the Police Commission to have three members to hear and decide appeals brought by any member or official of the police department who has been disciplined, suspended, removed, or discharged. The current Police Commission does not serve as an advisory board on policy and practices. This means only three of the members appointed to the Safe Community Board will be appointed to serve as police commissioners. 2. Proposed Safe Community Board Composition. We propose that the three of this board’s members be appointed to satisfy the qualifications required by State law for both the building and fire code boards of appeal. Three other members can be appointed to serve as the police commission. Finally, one member must meet the statutory requirement for the impact fee committee (member of the development community). State law requires the above-described qualifications for board members. Because of this, when the Safe Community Board meets, staff will need to ensure the agenda clearly identifies the statutory capacity in which the board is acting on any given item. B. Sustainability Board. Sustainability Board members will cultivate initiatives that enhance the social, economic, and environmental livelihood of Bozeman citizens. By focusing on these three pillars, this board will take a modern, holistic approach to sustainability. The Sustainability Board will be comprised of 1 The International Building Code requires the establishment of a “board of appeals.” The board of appeals “shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.” The International Fire Code has a similar provision requiring members of the fire code board of appeals to have certain qualifications. 2 Although Ord. 1444 relies on the Uniform Fire Code, in 1994 three codes, including the Uniform Fire Code, merged to create the International Fire Code (“IFC”). The IFC is now the primary body that contains regulations to safeguard life and property from fires and explosion hazards. 415 Board Consolidation Proposal Memo (May 25, 2021) -7- seven board members who serve two-year terms. Sustainability Board members must commit to maintaining, improving, and creating: Social sustainability through the use of social initiatives, that include an intentional commitment to diversity, equity, and inclusion, all of which will augment citizens’ quality of life; Economic sustainability by promoting economic programs that enhance personal and professional economic growth and viability in Bozeman; and Environmental sustainability by maintaining and implementing appropriate environmental initiatives that protect and conserve Bozeman’s natural resources and ecological diversity. The Sustainability Board will subsume the current duties of the Community Affordable Housing Advisory Board (“CAHAB”), Economic Development Council (“EDC”), Beautification Advisory Board (“BBAB”) (community clean-up work only)3, and Bozeman Climate Partners Working Group. The boards proposed for consolidation into the Sustainability Board were all created by the City Commission; as such, the Commission has sole authority to determine duties, composition, and qualifications. 1. Background and Required Qualifications of Current Board Members. CAHAB. This board currently consists of seven members. Currently, members must include an individual from the real estate financing or sales industry, the construction industry, an organization that supports low- and moderate-income housing in the community, an organization providing services to low- and moderate-income persons, a member of the public who has a demonstrated interest in special needs housing, a member of the public certifying that they are a low- or moderate-income person whose income does not exceed 115% AMI, and a community member at large. Economic Development Council. Currently, this board is required to have a maximum of seven members and a minimum of five members. There are five sitting members and two vacant seats. Persons of legal age may be appointed to the council. A majority of the council must be residents of the city. Nonresident members of the council must have some interest in the City by virtue of working in the City or owning property in the City. Beautification Advisory Board. Currently, this board can have up to nine members. Persons of legal age may be appointed to the board. A majority of the board must be residents of the City. Nonresident members of the board shall have some interest 3 We propose the current functions of the BBAB be split between the Sustainability Board and Cultural Services Board. The clean-up day functions of BBAB will be assumed by the Sustainability Board while the beautification awards program will be assumed by the Cultural Services Board. 416 Board Consolidation Proposal Memo (May 25, 2021) -8- in the City by virtue of working in the City, owning property in the City, or entering the City frequently for any lawful purpose. Bozeman Climate Partners Working Group. No specific requirements. 2. Proposed Sustainability Board Composition. As indicated in Appendix A, all seven board members will oversee the duties of the EDC4, and Climate Partners Working Group. We propose eliminating specific membership requirements and have all members of the Sustainability Board appointed at-large. C. Parks and Open Lands Board. Parks and Open Lands Board (“POLB”) members will share the ideals that trails, open lands, and parks not only improve an individual’s physical and psychological health, but also strengthen and foster the wellbeing of the community-at-large through an outdoor culture and lifestyle. Board members will support actions that promote the use, preservation, and acquisition of greenspaces and public lands. The POLB will have seven board members who serve two-year terms. The POLB will incorporate the current duties of the Cemetery Board, the Recreation and Parks Advisory Board (“RPAB”) (the parks and trails program function only)5, the Trails, Open Space, and Parks Committee (TOPs)6; and the Bozeman Tree Advisory Board. The City Commission established all the functions of the current boards proposed for consolidation into the POLB. As detailed below, we propose to eliminate all existing member qualifications with all members to be appointed at large. 1. Background and Member Qualifications of Current Board Members. Cemetery. Currently, there must be seven members on this board. There are no other specific qualifications required. RPAB. This board can have a maximum of 14 board members. Currently, ten members are appointed by the City Commission, with seven of these members 4 During the development of enabling legislation we will adjust the current EDC duties to more clearly align with the Strategic Plan. 5 RPAB’s functions will be divided between the new POLB and the Cultural Services Board. We propose the parks and trails functions of RPAB are subsumed by POLB while the recreation programs are subsumed by the Cultural Services Board. 6 The TOP Committee formed to advise the City Commission on the allocation of bond revenue from the 2012 Trails, Open Space, and Park bond. While the TOP Committee’s duties are nearing completion since the majority of bond revenues have been allocated, City staff propose including the functions of the TOP Committee into the Parks and Open Space Board to ensure that the POLB will address any residual functions of the TOP Committee. 417 Board Consolidation Proposal Memo (May 25, 2021) -9- being city residents. The County may appoint up to three members and two members must be either MSU or secondary school students. Tree Advisory Board. This board currently has five members. Currently, the enabling legislation indicates that whenever possible, two of the members are to be from the following disciplines: real estate, commercial lending, civil or environmental engineering, or landscape architecture or construction. Additionally, members must also be residents of the city, own property within the city, or be gainfully employed within the city. TOP. Currently this board is required to have five members. The City Parks and Recreation Director must also serve as an ex-officio member. As currently required, all member must reside within the city limits of Bozeman and must have expertise in areas such as finance, real estate, landscape architecture, public health, planning, or law. 2. Proposed Parks and Open Lands Board Composition. As indicated in the chart in Appendix A, we propose the seven members of the POLB cover the functions and duties of the current Cemetery Board, Tree Advisory Board, TOP, and RPAB (park and trail only). All members will be appointed at large with no specialized qualifications. D. Transportation Board. Transportation Board members will recognize a robust and reliable transportation system expands a community’s economic vitality and livability. While working to remove barriers to transportation, board members must be cognizant that doing so serves to increase citizens’ social, economic, educational, and political engagement by facilitating easier access to essential, community programs and services such as civic engagement, cultural, and service-learning opportunities. The Transportation Board will contain seven members serving two-year terms. The Transportation Board will encompass the current duties of the Bozeman Area Bicycle Advisory Board (“BABAB”), the Parking Commission, Transportation Coordinating Committee (“TCC”), and the Pedestrian and Traffic Safety Committee (“PTSC”). Pursuant to Montana law, the Commission must appoint at least five, but no more than seven, of the Transportation Board members to the Parking Commission. 1. Background and Required Qualifications of Current Board Members. BABAB. Currently there are nine voting members on this board. A majority of the members must be residents of the City. Nonresident members must have some interest in the City by virtue of working in the city, owning property in the City, or 418 Board Consolidation Proposal Memo (May 25, 2021) -10- entering the City frequently for any lawful purpose. In addition, members should be knowledgeable of bicycling and/or traffic safety. Parking Commission. Montana law requires the Parking Commission consist of not less than five and no more than seven electors of the city. TCC. Under the 2009 Memorandum of Agreement between the State of Montana, the Montana Department of Transportation, the City, and the County, there are 20 members on this committee. PTSC. There are currently eight members on this inter-agency committee. Two members are appointed by the County, two members are appointed by the City, two members are appointed by the Bozeman School District, and two member are appointed by the majority recommendation of the members appointed by all three governing bodies. 2. Proposed Transportation Board Composition. As indicated in the chart in Appendix A, we propose that the seven members of the Transportation Board fulfill the current duties of the Parking Commission, BABAB, and PTSC. State law requires the Commission appoint “not less than five or more than seven” members to the Parking Commission. Pursuant to 7-14-4609, MCA, the members of the Parking Commission must be “electors” of the city; meaning, they must be qualified to vote in City elections. We propose having all seven members of the Transportation Board serve as the Parking Commission. Because of the qualifications required by State law for a parking commission all members of the Transportation Board must be electors of the city. No other qualifications are proposed. PTSC was created pursuant to an interlocal agreement with Bozeman School District and Gallatin County. The TCC is also created pursuant to interlocal agreement. After discussions with Gallatin County and the School District officials, we propose ending the current interlocal agreement for the PTSC and having the role of the PTSC subsumed by the Transportation Board. If Bozeman qualifies as a Metropolitan Planning Organization (“MPO”), the MPO may, upon creation, assume the functions of the PTSC. For the TCC, we recommend the existing structure of the TCC remain because the committee is made up of many members outside of the City’s control. In addition, if Bozeman qualifies as a MPO, the MPO may, upon creation, assume the TCC’s functions. We recommend the Transportation Board appoint two of its members to the TCC – the positions current filled by members of the PTSC and Planning Board. All other current appointments will continue including the positions occupied by City staff, a member of the City Commission, and the city resident position. 419 Board Consolidation Proposal Memo (May 25, 2021) -11- E. Community Development Board. Community Development Board members will influence the direction of our community’s growth and development, with an emphasis on zoning, planning, design, and historic preservation. Board members must be committed to supporting actions that will promote and improve the design and planning of development of Bozeman while preserving the unique character of each of Bozeman’s vibrant neighborhoods. The Community Development Board will consist of seven members serving two-year terms and include the current duties of the Bozeman Historic Preservation Advisory Board (“HPAB”), the Bozeman Planning Board, the Zoning Commission, and the City-created Design Review Board (“DRB”). Due to the particularized work of this board, certain members of this Board are required by law to have specific qualifications. 1. Background and Required Qualifications of Current Board Members. HPAB.7 Currently, by City ordinance, this Board must have seven members, all of whom must have a demonstrated interest, competence or knowledge in historic preservation. At least three members must meet the Secretary of the Interior's professional qualification standards in the disciplines of history, planning, archaeology, architecture, architectural history, historic archaeology, or other historic preservation-related disciplines such as cultural geography or cultural anthropology. In addition, the City Commission requires at least one member be an architect holding state or national registration. This architect qualification is not required by State law. Next, under the current HPAB structure, at least one member must live in or own property in a Bozeman historic district. Finally, at least four members must be at-large representatives who reside or own property within the city limits. City Planning Board. Pursuant to State law, a planning board must consist of at least seven but no more than nine members. The four citizen members of the Planning Board must be qualified by knowledge and experience in matters pertaining to the development of the city, and shall not hold any other City office. These four are appointed by the Mayor. The fifth member is appointed by the 7 State of Montana guidelines for a historic preservation commission indicates the citizen positions “must have a demonstrated interest, competence, or knowledge in historic preservation.” See Rolene R. Schliesman,The Montana Certified Local Government Manual, at p. 14 (Mont. St. Historic Preservation Office 2005). In addition to the lay members, the Manual requires at least three positions be “professional” – these positions must have “professional expertise in the disciplines of history, planning, archaeology, architecture, architectural history, historic archaeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology.” The City Commission may appoint members not having these professional qualifications “if a reasonable effort was made” to fill the positions. Please note State law does not require a fourth member to be an architect as currently required by the municipal code. 420 Board Consolidation Proposal Memo (May 25, 2021) -12- Commission and this appointee does not need to meet the qualifications for a citizen member. The sixth member is appointed by the City Commission from its own membership. The seventh member is appointed by the County, who may be a member of the board of county commissioners or an office holder or employee of the county. Zoning Commission. There are five members currently on the ZoningCommission. State law does not prescribe specific qualifications for membership. We recommend amending this to seven members. DRB. The DRB is not required by State law. Currently, the DRB consists of six professional and two nonprofessional members. Professional members must be degreed in their respective disciplines and/or otherwise licensed or certified by their respective professional authorities. The professional contingent must consist of three architects and at least one architectural historian, and at least one landscape architect or landscape designer. At least one of the professional members must have demonstrated expertise in urban design. Nonprofessional members must be individuals with an interest in, or knowledge of, urban design or historic preservation. Presently, no member of the DRB may serve concurrently as a member of the planning board or zoning commission. However, because of the proposed structure of the Community Development board we recommendrepealing this requirement. 2. Proposed Community Development Composition. The Community Development Board has the most complex statutorily required appointment qualifications of any proposed board. We propose the Community Development Board contain seven members. To combine the duties and members of the current boards, we propose a specific appointment structure to comply with the statutorily mandated qualifications and appointment requirements. Given the above, we propose the membership of the Community Development Board consist of the following: Four citizen members appointed by the Mayor8 qualified by knowledge and experience in matters pertaining to the development of the City and holding no other office of the City. We propose three of these appointments meet the professional requirements for the historic preservation board. The fourth of these citizen appointees must have an interest, competence, or knowledge in historic preservation but does not have to meet the professional qualification for historic preservation. 8 See 76-1-221(d), MCA. 421 Board Consolidation Proposal Memo (May 25, 2021) -13- The Commission will appoint one of its members as the fifth member. The City Commissioner serving on this board must demonstrate an interest, competence, or knowledge in historic preservation. The sixth position will be appointed by the City Commission. This position does not have to meet the qualification of a citizen member of a planning board, and may be an employee of the City or hold other public office. This position must also have an interest, competence, or knowledge in historic preservation. The seventh member will be the County appointee. This position must also have an interest, competence, or knowledge in historic preservation. In total, the seven members of the Community Development Board must meet the legal requirements for the Planning Board and HPAB since all seven members will serve also as the Planning Board and the HPAB. In addition, we propose all seven serve as the Zoning Commission resulting in the Zoning Commission having seven members rather than the current five. The Zoning Commission would, under this proposal, include the City Commissioner and the County appointee. City staff will continue to evaluate DRB’s duties and functions and whether they can be more efficiently subsumed by the Community Development Board. F. Cultural Services. Cultural Services Board members will recognize the importance of enhancing and expanding the community’s access to cultural programs. In addition, Cultural Services Board members will support public art and look forward to promoting local artists, and strengthening education and learning opportunities in the community. The Cultural Services Board has seven board members. We recommend all seven members serve five year terms (see below). The Cultural Services Board will include the current duties of the Bozeman Beautification Advisory Board (awards) (“BBAB”), Library Board, and Recreation and Parks Advisory Board (recreation programs – see footnote 3, above). The Cultural services board will also encompass a new focus on art, as prioritized in The City’s Strategic Plan Priority 5.2. Due to the particularized work of this board, certain members of this Board are required by law to have specific qualifications. 1. Background and Required Qualifications of Current Board Members. BBAB. The BBAB currently consists of up to nine members, all of whom the Commission appoints. A majority of the BBAB must be residents of the City. Nonresident members must have some interest in the city by virtue of working in the City, owning property in the City, or entering the City frequently for any lawful purpose. Library Board. As required by Montana law, for a city to have a free public library, the library must be administered by a board of trustees made up of five members. 422 Board Consolidation Proposal Memo (May 25, 2021) -14- All of the functions of the Library Board will exist within the new Cultural Services Board.9 The Commission must appoint five members of the Cultural Services Board to serve as the Library Board10. RPAB. For a description of this board, see Parks and Open Lands Board section of this Memorandum. 2. Proposed Cultural Services Board Composition. As depicted in the Cultural Services Board chart in Appendix A, all seven board members will assume the duties and functions of the current BBAB as well as provide advice on the recreation programs currently under RPAB. Additionally, this board will have a new, added focus of art. As required by State law, five members of the Cultural Services Board will serve as trustees of the Bozeman Public Library – these members must serve for five year terms. Because of the five year term requirement for members of the Library Board of Trustees we recommend all positions on this board be appointed to five year terms. III.Other Boards During the process of aligning a proposed board structure to the Strategic Plan, we identified several existing boards where it would be infeasible to combine a particular board’s functions into one of the Strategic Boards. These boards include: Two of the Downtown Bozeman Partnership’s three entities are City boards (Urban Renewal and Business Improvement District).As such, we propose maintaining the current structure of the Downtown Bozeman Partnership. Midtown and North East urban renewal boards: We suggest at a future time amending the current urban renewal plans to have the City Commission take on the current functions of the Midtown and North East urban renewal boards. Currently, of the six urban renewal districts (not including Downtown), these are the only two districts that have boards. The Board of Ethics will remain independent. The Inter-Neighborhood Council remains independent. Audit Committee. Currently, there are five members of this committee including two commissioners, a staff member, and two citizen members one of which must be an accountant. We propose to eliminate the audit advisory functions. NEXT STEPS: Staff recommends the following next steps: 9 When the Cultural Services Board meets, the five members appointed as the Library Board will also meet. An item on the Cultural Services Board’s agenda will include “Library Board” actions. 10 Trustees of a library board hold their office for five years. 22-1-308, MCA. 423 Board Consolidation Proposal Memo (May 25, 2021) -15- During June and July 2021, Staff will draft ordinances and resolutions for presentation to the Commission in August. Assuming the Commission adopts the amended ordinances and resolutions, the City will advertise the new board positions beginning in September with deadlines for submitting applications at the end of September. Candidate interviews will occur in October. Board appointments will occur in November. Appointments and board activities will commence December 1, 2021. All existing board appointments will be rescinded effective December 1, 202111. The first meetings of the boards will occur in time for the boards to meet prior to the Commission’s priority setting when the new City Commissioners take office in January 2022. UNRESOLVED ISSUES: There are no identified unresolved issues at this time. ALTERNATIVES:As directed by the Commission. FISCAL EFFECTS: None. 11 We recommend the County appointee to the Planning Board remain in effect for the current term. 424 Safe Community Board Board Member 1 Board Member 2 Board Member 3 Board Member 4 Board Member 5 Board Member 6 Board Member 7 Board RolesImpact Fee Committee Impact Fee Committee Impact Fee Committee Impact Fee Committee Impact Fee Committee Impact Fee Committee Impact Fee Committee Building Board of Appeals Building Board of Appeals Building Board of Appeals Police Commission Police Commission Police Commission Fire Board of Appeals Fire Board of Appeals Fire Board of Appeals Sustainability Board Board Member 1 Board Member 2 Board Member 3 Board Member 4 Board Member 5 Board Member 6 Board Member 7 Board Roles Community Affordable Housing Advisory Board Community Affordable Housing Advisory Board Community Affordable Housing Advisory Board Community Affordable Housing Advisory Board Community Affordable Housing Advisory Board Community Affordable Housing Advisory Board Community Affordable Housing Advisory Board Economic Development Council Economic Development Council Economic Development Council Economic Development Council Economic Development Council Economic Development Council Economic Development Council Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Climate Partners Working Group Climate Partners Working Group Climate Partners Working Group Climate Partners Working Group Climate Partners Working Group Climate Partners Working Group Climate Partners Working Group Parks and Open Lands Board Board Member 1 Board Member 2 Board Member 3 Board Member 4 Board Member 5 Board Member 6 Board Member 7 Board Roles Cemetery Cemetery Cemetery Cemetery Cemetery Cemetery Cemetery Recreation and Parks Advisory Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board Tree Advisory Board Tree Advisory Board Tree Advisory Board Tree Advisory Board Tree Advisory Board Tree Advisory Board Tree Advisory Board Trails, Open Space, and Parks Committee Trails, Open Space, and Parks Committee Trails, Open Space, and Parks Committee Trails, Open Space, and Parks Committee Trails, Open Space, and Parks Committee Trails, Open Space, and Parks Committee Trails, Open Space, and Parks Committee Transportation Board 425 Board Member 1 Board Member 2 Board Member 3 Board Member 4 Board Member 5 Board Member 6 Board Member 7 Board RolesBozeman Area Bicycle Advisory Board Bozeman Area Bicycle Advisory Board Bozeman Area Bicycle Advisory Board Bozeman Area Bicycle Advisory Board Bozeman Area Bicycle Advisory Board Bozeman Area Bicycle Advisory Board Bozeman Area Bicycle Advisory Board Parking Parking Parking Parking Parking Parking Parking Community Development Board Board Member 1 Board Member 2 Board Member 3 Board Member 4 Board Member 5 Board Member 6 Board Member 7 Board Roles Historic Preservation Advisory Board Historic Preservation Advisory Board Historic Preservation Advisory Board Historic Preservation Advisory Board Historic Preservation Advisory Board Historic Preservation Advisory Board Historic Preservation Advisory Board Planning Planning Planning Planning Planning Planning Planning Zoning Zoning Zoning Zoning Zoning Zoning Zoning Design Review Board Design Review Board Design Review Board Design Review Board Design Review Board Design Review Board Design Review Board Cultural Services Board Board Member 1 Board Member 2 Board Member 3 Board Member 4 Board Member 5 Board Member 6 Board Member 7 Board Roles Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Library Board Library Board Library Board Library Board Library Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board 426 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Appointment to the Parking Commission MEETING DATE:June 22, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint one member, Mark Egge, to the Parking Commission with a term ending June 30, 2025. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Bozeman Parking Commission has one vacant position and two terms expiring on June 30, 2021. The Bozeman Parking Commission is responsible for managing and regulating public parking in the City's Parking Districts to best serve the needs of its customers: businesses, residents, employees, and visitors. The public parking garage in the city center is also under their authority. The Parking Commission was created under Section 7-14-46, M.C.A., and Commission Resolution No. 1676, adopted by the City Commission on May 8, 1974, as amended by Commission Resolution No. 1839 , adopted by the City Commission on November 24, 1976 Commission Resolution No. 3803 , adopted by the City Commission on June 6, 2005, and Commission Resolution no. 4577, adopted by the City Commission on January 26, 2015. The Parking Commission is a seven-member administrative board and also advises the Commission regarding parking and fines in the Bozeman Downtown Parking Management District. Under statutory provisions, members of the board are appointed by the Mayor, with the approval of the Commission, to staggered four-year terms. In the past, every effort has been made to appoint business people who have been assessed for SID No. 565, which provided the funding for the four off-street parking lots over which the Parking Commission has control. The Parking Commission currently has one vacancy and two terms expiring on June 30, 2021. The City Clerk’s Office has received one application. 427 1. One position expiring June 30, 2022 | Qualifies: M. Egge 2. Two positions expiring June 30, 2025 | Qualifies: M. Egge Applicant: Mark Egge UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 06-07-21 CAB Application - M. Egge, reapplicant.pdf Report compiled on: June 7, 2021 428 From:webadmin@bozeman.net To:Agenda Subject:Citizen Advisory Board Application Date:Friday, June 4, 2021 8:15:11 PM A new entry to a form/survey has been submitted. Form Name:Citizen Advisory Board Application Date & Time:06/04/2021 8:14 PM Response #:346 Submitter ID:39075 IP address:2600:6c67:5000:27ae:793b:63a:679a:d2f6 Time to complete:1 min. , 44 sec. Survey Details Page 1 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process. If you are applying for more than one vacancy please submit an individual application for each vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582- 2320. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerk's Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Applicant Information 429 First Name Mark Last Name Egeg Physical Address 542 N Black Ave PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59715 Primary Phone (406) 548-4488 Additional Phone Not answered Current Occupation Data Scientist Employer High Street Email mark@eateggs.com Which position are you applying for? (○) Parking Commission Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while others do not.) (○) Yes How long have you lived in the Bozeman Area? (○) 6-10 years Have you ever served on a City or County Board or Commission? (○) Yes (If Yes, where and how long?) Parking Commission (4 years), Planning Board (2 years) Please explain your relevant qualifications, interests and experiences: I would like to volunteer my time to help ensure that Bozeman’s parking is managed in the manner that best supports the economic vitality and quality of life for residents of the city. I’ve enjoyed my first term as a member of the Bozeman Parking Commission and would like to complete a second term (or serve until the Parking Commission is consolidated with other boards). I believe that my prior experience with the Parking Commission and experience as a transportation planner and data analyst will make me an asset to the advisory board. Professionally, as a consultant for a transportation planning firm, I use data to measure the performance of transportation networks and to optimize the allocation of scarce resources for maintaining and improving American's transportation network. I primarily support executive decision makers and planners within state departments of transportation. Personally, parking engages my interest. I’ve attended lectures/workshops on the topic, met and worked with the Pittsburgh Parking Authority, and read considerably on the subject. Effective parking policy will maximize economic activity and quality of life, while promoting public health and safety, and support density and infill. I would like to be a part of continuing to craft and promote such policy. Nationwide, parking management is undergoing a paradigm shift from managing demand through 430 oversupply to a paradigm focused on managing a reduced supply of parking through sharing facilities, management tools like pricing and permit zones, and incentives to use other modes. The new paradigm supports Bozeman’s community goals of being an affordable and sustainable city. I hope through continued service on the Parking Commission to participate in helping craft policies that align parking management with the goals articulated in Bozeman’s Community Plan, Climate Plan, Downtown Improvement Plan, and Community Housing Plan. References: Please provide name, phone, and email contact information for two references. Reference 1 David Kack Director Western Transportation Institute 406-994-7526 dkack@montana.edu Reference 2 Chris Naumann Senior Planner Sanderson Stewart 406-522-9876 chris-naumann@outlook.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? (○) No How did you hear about this board or vacancy? Current Board Member Is there any other information that you feel we need to know? Not answered If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 431