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Home My WebLink About02-01-22 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - WebEx Videoconference B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.FYI E.Commission Disclosures F.Approval of Minutes F.1 Approve the regular meeting minutes from: December 21, 2022 January 4, 2022 January 11, 2022 January 25, 2022(Maas) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, February 1, 2022 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=e4ec160e2d2b5549b807e05aadee9fc44 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: 2556 857 6890 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 Acknowledge Receipt of Petition to Abandon Redwing Drive and Direct Staff to Review the Petition(Lonsdale) G.2 Authorize the City Manager to Sign a Professional Services Agreement with DOWL to Provide Professional Engineering Design Services for the 2022 Sewer Lining Project(Gamradt) G.3 Authorize the City Manager to Sign a Public Street and Utility Easement, Sewer and Water Pipeline and Access Easement and Agreement with Canyon Gate Investors, LLC for The Canyon Gate Annex (21337)(Lehigh) G.4 Authorize the City Manager to Sign a Task Order Revision 1 for Fiscal Year 2022 Remediation Systems Oversight, Bozeman Landfill with Tetra Tech(Flammond) G.5 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with Bozeman Industrial Park Owners' Association for the Griffin Drive and Manley Road Street and Stormwater Improvements Project(Lonsdale) G.6 Authorize the City Manager to Sign a Second Addendum to the Professional Services Agreement for Engineering Development Services with TD&H Engineering(Lehigh) G.7 Authorize the City Manager to Sign a Second Amendment to the Professional Services Agreement with Treasure State, Inc. for Services to Design and Construct the Bogert Park Court Renovation Project(Kline ) G.8 Authorize the City Manager to Sign a Professional Services Agreement with SKIDATA for the Installation of New Gates in the Bridger Park Parking Garage(Veselik) 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.Special Presentation I.1 State of the City Address J.Action Items J.1 South 3rd Avenue Annexation and Zone Map Amendment for the Establishment of a Zoning Designation of R-3 for a property Addressed at 2303 South 3rd Avenue and Generally Located One-quarter Mile South of the Kagy and Wilson, Application 21161(Rogers) J.2 Ordinance 2098 Provisionally Adopting an Update to the Department Titles of 2 Administrative Services and Public Works to Reflect the City's Current Department Titles, and Creating the Departments of Economic Development and Strategic Services(Giuttari) K.Work Session K.1 Downtown Bozeman Parking Supply and Demand Management Work Session (Veselik) 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 meeting as well. 3 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Approve the regular meeting minutes from: December 21, 2022 January 4, 2022 January 11, 2022 January 25, 2022 MEETING DATE:February 1, 2022 AGENDA ITEM TYPE:Minutes RECOMMENDATION:I move to approve the combined City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerk’s Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment From August of 2013 through December 2020, the City Commission Minutes have been linked with audio and video using AV Capture. In addition to the City Commission, many Citizen Advisory Boards utilize the system as well. Beginning December 14, 2020 the City Commission and many Citizen Advisory Boards moved to our new Granicus Streaming Platform. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. https://www.bozeman.net/government/city-commission/city-commission- video Users are always welcome to contact the City Clerk’s Office at 582-2320 or 4 email agenda@bozeman.net for assistance. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 12-21-21 FINAL MINUTES City Commission Meeting of Bozeman, Montana.pdf 01-04-22 City Commission Meeting Minutes.pdf 01-11-22 City Commission Meeting Minutes.pdf 01-25-22 City Commission Meeting Minutes.pdf Report compiled on: January 14, 2022 5 Bozeman City Commission Meeting Minutes, December 21, 2021 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES December 21, 2021 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:01:31 Call to Order - 6:00 PM - WebEx Videoconference B) 00:04:54 Pledge of Allegiance and a Moment of Silence C) 00:05:01 Changes to the Agenda D) 00:05:08 Public Service Announcements D.1 City of Bozeman offices will be closed Fridays, December 24 and December 31 in observance of the Christmas and New Year's Holidays, respectively. There will be no City Commission meeting on Tuesday, December 28. E) 00:05:26 FYI • DM Cunningham noted the Montana State Bobcat Football victory to play in the National Championship. F) 00:06:26 Commission Disclosures G) 00:06:37 Consent G.1 Accounts Payable Claims Review and Approval G.2 Formal Cancellation of the December 28, 2021 Regular City Commission Meeting 6 Bozeman City Commission Meeting Minutes, December 21, 2021 Page 2 of 10 G.3 Approve Allison Phase 4A Major Subdivision Final Plat, Located East of S. 11th Avenue and on Either Side of Arnold Street, and Authorize Staff to Complete All Documents, Project 21022 09282021 148-105 sheet 1.pdf 09282021 148-105 sheet 2.pdf 09282021 148-105 sheet 3.pdf 09282021 148-105 sheet 4.pdf 09282021 148-105 sheet 5.pdf 09282021 148-105 sheet 6.pdf 09282021 148-105 sheet 7.pdf 21022 Allison Phase 4A Final Plat Memo to City Atty.docx G.4 Authorize the City Manager to Sign a Utility Easement with Wild Peach LLC for the Wildlands Development Project (21326) Utility Easement G.5 Authorize the City Manager to Sign a Professional Services Agreement with Evan Brooks Associates for Grant Search and Grant Writing Services PSA Grant Writing Services Evan Brooks.docx G.6 Authorize the City Manager to Sign on to National Opioid Settlement with Opioid Distributors and Manufacturer Janssen Notice of Opioid Settlement - Distributors and Janssen.pdf 2021_11_26 Distributors MT MOU.pdf G.7 Resolution 5362 Amending the Metes and Bounds Description of the University Crossing Apartments Annexation, Resolution 5331 to Correct a Scrivener's Error, Application 21152 Resolution 5362 Correction - University Crossing Apts Annx 21152.pdf Affadivit of Scriveners Error.pdf G.8 Resolution 5364 Certification of Delinquent City Assessments to the County Resolution 5364-Certification of Delinquent 1st half-FY 2022.docx Delinquent Certification 120921.pdf G.9 Resolution 5366 Calling a Public Hearing to Approve a Project in the Northeast Urban Renewal District, Known as Wildlands, as an Urban Renewal Project and Using Tax Increment Revenues to Reimburse Eligible Costs of Such Project Resolution of Intention.v1.docx G.10 Resolution 5368 Adopting the Bozeman City Commission Priorities for 2022 and 2023 Resolution 5368 Adopting Commission Priorities for 2022-23.docx G.11 Resolution 5369 Appointing Special Counsel in the matter of Ethics Complaint of Daniel Zyvoloski Resolution 5369 Appointing Special Counsel for Zyvoloski Ethics Complaint.docx G.12 Ordinance 2091 Final Adoption of Update to Accessory Dwelling Unit Standards Text Amendment to Revise the Bozeman Municipal Code to Amend the Requirement That Ground Floor Accessory Dwelling Units Must Have Alley Access by Requiring That Ground Floor Accessory Dwelling Units (ADUs) Must Either Have Alley Access or a 7 Bozeman City Commission Meeting Minutes, December 21, 2021 Page 3 of 10 Pedestrian Connection to a Sidewalk or Adjacent Right of Way and Remove the Requirement to Provide Minimum Parking For ADUs. Revise Affected Sections to Implement the Revisions. Ordinance 2091 Update to Accessory Dwelling Unit (ADU) Standards Final Adoption Memo.pdf Ordinance 2091 Update to ADU Standards Ordinance.pdf 00:06:41 City Manager Introduction • CM Mihelich provided the highlights of the Consent Agenda. 00:08:42 Public Comment There were no public comments on the Consent Agenda. 00:11:30 Motion to approve Consent Items 1 – 12 as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:11:32 Vote on the Motion to approve Consent Items 1-12 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:11:34 Public Comment Mayor Andrus opened general public comments. 00:13:48 Jerry Pape, Public Comment Jerry Pape commented on general zoning and his opinion that it should be a generational progress. I) 00:18:55 Action Items I.1 00:19:12 Canyon Gate Annexation, Adoption of Resolution 5363, and Zone Map Amendment, Provisional Adoption of Ordinance 2099, to Annex Approximately 25.42 Acres and Establish Zoning Districts of R-3, R-5, REMU, and B-2M, Located at 980 Story Mill Road, Application 21337 21337 Canyon Gate ANNX ZMA CC SR.pdf 8 Bozeman City Commission Meeting Minutes, December 21, 2021 Page 4 of 10 Hinds v. COB Decision.pdf 21337 Canyon Gate ANNX Resolution 5363.pdf A1DevelopmentReviewApplication_08112021.pdf DRCMemoResponses_10272021.pdf Canyon Gate Annexation Map 11-12-21.pdf RevisionandCorrectionRC.pdf Letter to City - Annexation Agreement.pdf 21337 Canyon Gate ZMA Ordinance 2099.pdf Canyon Gate Annexation Meets and Bounds 11-12-21.docx Canyon Gate ZMA 11-12-21.pdf Canyon Gate Zoning Meets and Bounds 11-12-21.docx SIDWaiver_10272021.pdf ExistingOff-SiteGasPipelineEasementBk122Pg54_10272021.pdf ExistingWaterMainEasementBk17Pg29_10272021.pdf StoryMillRoadPublicStreetandUtilityEasement_10272021.pdf WaterPipelineAccessEasement_10272021.pdf 21337 Canyon Gate Comment Tracking.xlsx 00:19:16 Staff Presentation Planner Jacob Miller presented the application, entering the staff report, attachments, application materials, and all of the public comments into the record. He outlined the procedure for the Action Item, the purpose of the hearing, the staff review, and the action to be taken. He presented the general property details and the neighboring vicinity, the Future Land Use Map (FLUM) designation, annexation history in the area, neighboring zoning, City infrastructure in the vicinity, Capital Improvement Projects (CIP) planned in the vicinity, and the proposed zoning districts. He presented the staff analysis of this portion of the development process: the 10 annexation goals and 18 annexation policies from Resolution 5076, additional terms of annexation proposed by the landowner for workforce housing and R-5 height limitation, the 11 zoning criteria from Montana Code Annotated (MCA), implementing zoning as it relates to the FLUM, the character of the district, similar areas of zoning, the definition of compatible urban growth, the variety of uses in the area, the three spot zoning criteria, an overview of the public comment, and that the protest threshold has been met. He presented the staff recommendation and the Zoning Commission recommendation. 00:50:17 Questions of Staff 01:33:17 Applicant Presentation Christine Carlyle, Principal with SCB, presented on behalf of the applicant, presented the neighboring area, how the project comports with the Community Plan and its specific Story Mill Mixed Use District, the additional provisions of workforce housing and height restrictions, how the application matches the FLUM, the design approach goals. Bob Horne from Dodge Capital and Andy Holloran from HomeBase Partners were available for questions. 9 Bozeman City Commission Meeting Minutes, December 21, 2021 Page 5 of 10 01:46:27 Questions of Applicant 02:38:37 Mayor Andrus called the meeting into recess. 02:38:50 Mayor Andrus called the meeting back to order. 02:38:43 Public Comments Mayor Andrus opened this item for public comments. 02:43:39 Lisa Muir, Public Comment Lisa Muir commented on train safety and the increase of higher density causing more issues for health and safety, the character of the district, and the need for more open space. 02:45:34 Don Jackson, Public Comment Don Jackson commented in opposition to the project because new applications should be in balance with existing homes. 02:49:27 Kristin Fetterman, Public Comment Kristin Fetterman commented as a Real Estate professional and the applicant is a client, commented on the need for higher density housing as method for attainable housing. 02:52:13 Dan Kaveney, Public Comment Dan Kaveney commented in favor of annexation at lower density than requested and commented on transportation issues. 02:56:19 Triel Culver, Public Comment Triel Culver commented in favor of annexation but at lower zoning, commented on the comparison of the development of Creekside subdivision and potential commercial sizes. 02:59:20 Denise Carr, Public Comment Denise Carr commented in opposition to the zoning request. 03:00:03 Richard Bakker, Public Comment Richard Bakker commented on safety issues of at-grade railroad crossings quoting from the Pole Yard Urban Renewal Plan and opposition to the proposal. 03:03:39 Daniel Gaugler, Public Comment Daniel Gaugler commented in favor of annexation but in opposition to the requested zoning due to an abundance of commercial in the area and wants additional housing. 03:07:18 Sophia Vowell, Public Comment Sophia Vowell commented in favor of the proposal for its workforce housing and 10 Bozeman City Commission Meeting Minutes, December 21, 2021 Page 6 of 10 03:08:27 Marcia Kaveney, Public Comment Marcia Kaveney commented in opposition to the project and its heavily commercial district and possible uses. 03:11:48 Mary Wictor, Public Comment Mary Wictor commented in favor of annexation but not at the requested zoning, commented in increasing R-3 zoning and B-1 along Story Mill Dr. due to the height allowances in B-2M, R-5, and REMU zoning districts. 03:15:01 Ben Nobel, Public comment Ben Nobel commented in favor of the project due to the access of additional services in the area, commented on the traffic issues created by not having enough local options that don't require driving. 03:16:20 Pete Oliver, Public Comment Pete Oliver commented in opposition to the proposal on the concerns of emergency responses and the capabilities of Central Valley Fire. 03:17:44 Carie Omland, Public comment Carie Omland commented in opposition to the high density requested, commented as not compatible with the area, and the abundance of commercial options available and the area does not require more, commented on the issue of traffic to R-5 within the interior of the project. 03:20:33 Ben Davidson, Public Comment Ben Davidson commented in opposition to the requested zoning. 03:21:46 Megan Sheufelt, Public Comment Megan Sheufelt commented in favor of the project as higher density housing is more climate friendly than lower density 03:23:53 Caleigh Searle, Public Comment Caleigh Searle commented in opposition to the proposal as there is enough high value housing in the valley and commented on concerns of infrastructure. 03:24:58 Bert Getz, Public Comment Bert Getz commented in favor of the project citing the Community Plan's aim for density to prevent sprawl. 03:27:43 Shawna Wade, Public Comment Shawna Wade commented in opposition to the proposal. 03:28:58 Alanah Griffith, Public Comment 11 Bozeman City Commission Meeting Minutes, December 21, 2021 Page 7 of 10 Alanah Griffith commented as the attorney representing the Legends II Homeowner's Association and the lack of an easement required for R-5 zoning. 03:32:44 Haley Rowland, Public Comment Haley Rowland, Director of Sales for AC Hotels, spoke in favor of the project due to staffing issues related to housing availability issues. 03:34:16 Christine Roberts, Public Comment Christine Roberts, member of Transportation Board, commented in opposition to the project as high- rise is incompatible with the neighboring developments. 03:36:04 Chris Omland, Public Comment Chris Omland commented that higher density does not necessarily equate to affordability or environmentally beneficial, spoke in opposition to the project, commented on emergency response, and suggested a lower zoning. 03:40:02 Betty Stroock, Public Comment Betty Stroock commented in opposition to the proposed zoning as incompatible with the neighborhood and concerns for wildlife. 03:42:37 Mark Williams, Public Comment Mark Williams commented on the wildlife corridor, the available walkable amenities, and with concerns for the continuity of the neighborhood. 03:43:55 Nolan Sit, Public Comment Nolan Sit commented in favor of the project. 03:45:05 Diane Sheehan Egnatz, Public Comment Diane Sheehan Egnatz commented in favor of annexation but against the commercial scale, commented on the FLUM designations in the region, the inability to expand in some directions, the wildlife, and suggested a lower density. 03:47:51 Evan Burgess, Public Comment Evan Burgess commented in favor of annexation but at lower density, commented on the uniqueness of the location, and the impact on all the people that utilize the Bridgers. 03:50:06 Meeting Extended Mayor Andrus extended the meeting until 10:15pm. 03:50:44 Stephen Pohl, Public Comment Stephen Pohl commented that this project constitutes spot zoning. 12 Bozeman City Commission Meeting Minutes, December 21, 2021 Page 8 of 10 03:54:25 Louisa Carter, Public Comment Louisa Carter commented in opposition to the proposal and suggested lower density zoning, commented on infrastructure issues, and commented that this proposal is out of scale with the character of the neighborhood. 03:58:21 William Johnson, Public Comment William Johnson commented as a planning consultant and representative of concerned citizens in opposition to the project as it is incompatible to the surrounding neighborhood, on potential building heights, the high density available uses, and on infrastructure issues. 04:01:49 Claire Crane, Public Comment Claire Crane commented in opposition to the project due to infrastructure issues, commented on concerns to the high zoning and suggested lower density zoning. 04:04:19 Catherine Ebelke, Public Comment Catherine Ebelke commented in favor of annexation but opposition to the high density zoning requested, commented on concerns of health and safety due to access and the intersection of Story Mill and Bridger Drives. 04:07:08 Meeting Extended Mayor Andrus extended the meeting until 10:30pm. 04:07:41 Nicholas Drew, Public Comment Nicholas Drew commented on the failure to disclose affiliation with the developer by some commenters, commented in opposition to the project, and commented on emergency response times. 04:10:28 Kristen Davidson, Public Comment Kristen Davidson commented in opposition to the requested density as the neighborhood is already served by local commercial, the wildlife in the area, and on the current walkability. 04:12:38 David Perlstein, Public Comment David Perlstein commented as an associate of the applicant and commented on the changes in the area. 04:13:44 Diana Sauther, Public Comment Diana Sauther commented in opposition to the high density, commented on the concerns of fire safety, and commented on the traffic concerns at the railroad crossings. 04:16:26 Lindsay Pittard, Public Comment Lindsey Pittard commented in favor of the project to expand housing opportunities and in favor of an infill project over sprawling development. 04:18:04 Amber Bolton, Public Comment 13 Bozeman City Commission Meeting Minutes, December 21, 2021 Page 9 of 10 Amber Bolton, member of the HomeBase Team, commented in favor of the project. 04:19:00 Andrew Gault, Public Comment Andrew Gault, member of the project team, commented also as a neighbor in favor of the project. 04:21:47 Meeting Extended Mayor Andrus extended the meeting until 10:45pm. 04:22:00 Leo Crane, Public Comment Leo Crane commented in opposition to the project. 04:25:08 Jack Sauther, Public Comment Jack Sauther commented in favor of annexation but not at the high density requested, in opposition to affordability connected to the density of the project, and on the comparisons used of compatible uses. 04:28:51 Emily Talago, Public Comment Emily Talago commented in opposition to the project, that the agreement for workforce housing units should not be considered, and in opposition to the idea of the village in this area. 04:30:51 Hampton Uzzelle, Public Comment Hampton Uzzelle commented in favor of the project and referenced the Community Plan's identification of the area. 04:33:18 Lauren Cummings, Public Comment Lauren Cummings commented on people being forced out of Bozeman due to a lack of housing, the staffing issues this causes, the interest to downsize in the same area, and in support of the project. 04:35:50 Mayor Extended Mayor Andrus extended the meeting until 11:00pm. 04:35:59 Troy Scherer, Public Comment Troy Scherer commented as a developer that has worked on numerous projects around town, the benefits of housing variety, and in favor of the project. 04:38:34 Sean Casto, Public Comment Sean Casto commented in opposition to the requested zoning, the traffic requirements of R-5 zoning, against the proposed workforce housing agreement, and on contract zoning. 04:41:59 Brian Gallik, Public Comment Brian Gallik as a representative of some of the neighbors commented on contract zoning through the proposed workforce housing. 14 Bozeman City Commission Meeting Minutes, December 21, 2021 Page 10 of 10 04:44:53 Molly Casto, Public Comment Molly Casto commented on concerns of traffic and circulation that necessitates an easement to grant access to the R-5 portion of the proposal and commented in opposition to the requested zoning. 04:48:12 Bob Horne, Public Comment Bob Horne, an affiliate of HomeBase Partners, spoke in favor of the project and the evolution of the Story Mill District. 04:51:51 Brad Bates, Public Comment Brad Bates commented that the vast majority of commenters are not opposed to development, but on the impact on the neighborhoods of this proposal. 04:54:13 Meeting Extended Mayor Andrus extended the meeting until 11:10pm. 04:54:39 Mayor Andrus asked to continue the meeting until January 11. Seeing no objections, Mayor Andrus outlined what the future process would look like. 04:57:05 Clarification of Staff CA Sullivan clarified how to handle written public comments after the continuation. J) FYI / Discussion K) 04:59:02 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: February 1, 2022 15 Bozeman City Commission Meeting Minutes, January 4, 2022 Page 1 of 5 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES January 4, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present in the WebEx: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, and City Clerk (CC) Mike Maas A) 00:04:35 Call to Order - 6:00 PM - WebEx Videoconference B) 00:07:49 Pledge of Allegiance and a Moment of Silence C) 00:08:23 Special Presentation 00:08:32 City Manager Introduction CM Mihelich provided a brief introduction before administering the oaths of office and recognizing Judge Herrington, who was sworn in on Monday morning. 00:08:47 Deputy Mayor Cunningham 00:09:58 Commissioner Pomeroy 00:11:11 Commissioner Madgic 00:12:14 Commissioner Coburn 00:13:10 Judge Herrington D) 00:13:44 Changes to the Agenda • There were no changes to the agenda. E) 00:13:54 FYI • Mayor Andrus reminded the public of upcoming citizen advisory board meetings. She wished the MSU Bobcats good luck. F) 00:15:17 Commission Disclosures • There were no disclosures. G) 00:15:29 Approval of Minutes 16 Bozeman City Commission Meeting Minutes, January 4, 2022 Page 2 of 5 G.1 00:15:33 Approve the regular meeting minutes from: October 19, 2021 October 26, 2021 November 9, 2021 November 16, 2021 November 23, 2021 December 7, 2021 December 14, 2021 Approve the special meeting minutes for: September 24, 2021 Approve the executive session minutes for: December 14, 2021 10-19-21 MINUTES City Commission Meeting Minutes.pdf 10-26-21 MINUTES City Commission Meeting Minutes.pdf 11-09-21 MINUTES City Commission Meeting.pdf 11-16-21 MINUTES City Commission Meeting Minutes.pdf 11-23-21 MINUTES City Commission Meeting.pdf 12-07-21 MINUTES City Commission Meeting of Bozeman, Montana.pdf 12-14-21 MINUTES City Commission Meeting of Bozeman, Montana.pdf 09-24-21 City Commission Special Meeting Minutes.pdf 00:15:34 Motion to approve the combined City Commission minutes as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:15:45 Vote on the Motion to approve the combined City Commission minutes as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:16:03 Consent H.1 Accounts Payable Claims Review and Approval H.2 Authorize the City Manager to Sign a Utility Easement with Four Fly Fellows, LLC for The Flats SP (21078) Utility Easement 17 Bozeman City Commission Meeting Minutes, January 4, 2022 Page 3 of 5 H.3 Authorize the City Manager to Sign a Release and Reconveyance of Easements, Releasing Document 2585890 with Bon Ton Inc for the Allison Subdivision Phase 4A Project (20430) Release and Reconveyance of Easements H.4 Authorize the City Manager to Sign a Professional Architectural Services Agreement with Hennebery Eddy Architects for Design and Contract Administration Services for the Remodel of the Solid Waste Facility Architectural Services Agreement Solid Waste Remodel 2021 Exhibit A - SWD Architect Fee Proposal Exhibit B - SWD Engineering Fee Proposal H.5 Authorize the City Manager to Sign a Memorandum of Agreement with the Montana Department of Transportation (MDT) for the Bridger Drive and Story Mill Road Improvements Project Bridger_StoryMill_MOA_20211206_FINAL_FOR_CITY_COMMISSION_APPROVAL.pdf H.6 Authorize the City Manager to Sign a Contract with American Medical Response for Backup Ambulance Services City of Bozeman - Safety Net Agreement 2022.pdf H.7 Authorize the City Manager to Sign a Professional Services Agreement with Western Skies Landscapes, LLC to Provide Sidewalk Snow Removal Services RFP Western Skies Landscapes.pdf H.8 Authorize the City Manager to Sign an Amendment 2 to the Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. for the Bozeman Wastewater Collection System Model Update Amendment No. 2 to Professional Services Agreement ATTACHMENT A Wastewater Collection System Phase 2 SCOPE Bozeman WWCS FP Detailed Scope of Work - Attachment A Bozeman WWCS FP Ph 2 Scope and Fee H.9 Resolution 5365 Authorizing the Use of an Alternative Project Delivery Contract for a General Contractor / Construction Manager for Preconstruction and Construction Services for the Fire Station 2 Relocation Commission Resolution 5365.docx H.10 Resolution 5367 The South 3rd Growth Policy Amendment to Modify the Future Land Use Map from Public Institutions to Urban Neighborhood, Addressed at 2303 South 3rd Avenue, Located on the West Side of South 3rd Avenue and 1/4 Mile South of Kagy Boulevard, Application 21309 21309 S 3rd Resolution of Adoption 5367.pdf 21309 S 3rd GPA Map.pdf H.11 Ordinance 2095 Final Adoption to Rezone 3.4 Acres from B-2, Community Business District to B-2M, Community Business District-Mixed, Application 21192, Property Located on the Southeast Corner of South 19th Avenue and West Babcock Street West Babcock ZMA Ordinance 2095.pdf 21-192 ZMA Map 10-12-2021.pdf 21-192 Legal Description 05-05-2021.pdf 00:16:11 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:16:37 Public Comment 18 Bozeman City Commission Meeting Minutes, January 4, 2022 Page 4 of 5 There were no public comments on the Consent Agenda. 00:18:59 Motion to approve Consent Items 1 - 11 as submitted. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:19:12 Vote on the Motion to approve Consent Items 1 - 11 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I) 00:19:34 Public Comment Mayor Andrus opened general public comment. 00:21:58 Mary Wictor, Public Comment Mary Wictor commented on Zone Map Amendment criteria and quoted Community Development Program Manager Chris Saunders’ comments from the October 18 Zoning Commission. She highlighted the training materials presented to the Community Development Board at last night's meeting. 00:25:40 Chris Omland, Public Comment Chris Omland commented on City growth and zoning. He highlighted the importance of decisions made by this group and their long-term impact. He noted the necessity and importance of information in making decisions. He commented on the need of housing. 00:29:17 Sean Casto, Public Comment Sean Casto commented on contract zoning law in Montana. J) 00:30:54 FYI / Discussion • Mayor Andrus congratulated the newly elected and sworn in officials. K) 00:31:09 Adjournment ___________________________________ Cynthia L. Andrus Mayor 19 Bozeman City Commission Meeting Minutes, January 4, 2022 Page 5 of 5 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: February 1, 2022 20 Bozeman City Commission Meeting Minutes, January 11, 2022 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES January 11, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic Absent: Christopher Coburn Staff Present in the WebEx: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, and Meeting Clerk (MC) Taylor Chambers A) 00:01:55 Call to Order - 6:00 PM - WebEx Video Conference B) 00:05:21 Pledge of Allegiance and a Moment of Silence C) 00:05:49 Changes to the Agenda • Adding an Agenda Item D - Authorize Absence of Commissioner Coburn D) 00:06:13 Authorize the absence of Commissioner Coburn. 00:06:18 Motion I move to authorize the absence of Commissioner Coburn. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:06:29 Vote on the Motion I move to authorize the absence of Commissioner Coburn. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None DE) 00:07:15 Public Service Announcements 21 Bozeman City Commission Meeting Minutes, January 11, 2022 Page 2 of 8 DE.1 00:07:18 Introduction of Interim Community Development Director, Anna Bentley, and Public Works Utility Director, John Alston • CM Mihelich introduced John Alston as the new Public Works Utility Director. • CM Mihelich introduced Anna Bentley as the Interim Community Development Director. EF) 00:10:07 FYI • Mayor Andrus recognized HRDC for the national recognition of their Streamline Transportation Services for their outstanding service during the pandemic. • Mayor Andrus thanked Community Development Director Marty Matsen for his years of service to the community. • CM Mihelich informed the Commission that City offices will be closed for Martin Luther King, Jr. Day. FG) 00:12:55 Commission Disclosures • DM Cunningham disclosed to the Commission that there have been signs throughout the City encouraging the Commission to vote against Canyon Gate, and that it will not affect his ability to vote in a transparent manner. GH) 00:14:21 Consent GH.1 Accounts Payable Claims Review and Approval GH.2 Authorize the City Manager to Sign a Letter of Concurrence with the Findings of the MDT Speed Study for Cottonwood Road 20220111_Cottonwood Road speed study_letter.pdf 20211220_MDT_Cottonwood Road Speed Study.pdf GH.3 Authorize the City Manager to Sign a Temporary Right-Of-Way Agreement and Two Temporary Construction Permits Needed for the City to Install Improvements to Story Mill Road - Parcels 6 & 7 (Wake Up Inc.) Story Mill Temporary Right of Way Agreement.pdf Story Mill Temporary Construction Permits.pdf 00:14:24 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:14:43 Public Comment There were no public comments on the Consent Agenda. 00:16:30 Motion to approve Consent items 1 through 3 as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:16:41 Vote on the Motion to approve Consent items 1 through 3 as submitted. The Motion carried 4 – 0. Approve: Cyndy Andrus 22 Bozeman City Commission Meeting Minutes, January 11, 2022 Page 3 of 8 Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None HI) 00:16:59 Public Comment Mayor Andrus opened General Public Comment. She informed attendees that public comment has closed for Canyon Gate and no further public comment on the manner will be considered. 00:18:51 Mary Wictor, Public Comment Mary Wictor commented on the changes for allowable apartment buildings that come about from the adoption of Ordinance 2059. 00:22:19 Emily Talago, Public Comment Emily Talago commented on the benefits and drawbacks of WebEx meetings and requested to know if there is a possibility for attendees to know how many people are present at meetings. She also expressed her gratitude towards Marty Matsen. 00:28:18 Daniel Gaugler, Public Comment Daniel Gaugler commented on the noise impact from freight trains and requested that the City Commission look in to the possibility of constructing an overpass or an underpass. 00:29:51 Evan Rainey, Public Comment Evan Rainey thanked Marty Matsen for his service to the City. 00:31:44 Chris Omland, Public Comment Chris Omland asked what the policy procedure is for the vote on Canyon Gate with Commissioner Coburn being absent. 00:33:19 Marcia Kaveney, Public Comment Marcia Kaveney commented that that B-1 zoning is underrated, that it should be utilized more frequently within the City, and the need for neighborhood businesses. 00:39:45 Betty Stroock, Public Comment Betty Stroock commented that buildings in the Story Mill Neighborhood should not be allowed to be above two stories. 00:41:00 Shawna Wade, Public Comment Shawna Wade asked Commissioners to carefully consider their decision for the action item on Canyon Gate. 00:42:48 Mark Williams, Public Comment Mark Williams commented on issues that are arising due to the train crossings. IJ) 00:45:33 Action Items 23 Bozeman City Commission Meeting Minutes, January 11, 2022 Page 4 of 8 IJ.1 00:45:36 Canyon Gate Annexation, Adoption of Resolution 5363, and Zone Map Amendment, Provisional Adoption of Ordinance 2099, to Annex Approximately 25.42 Acres and Establish Zoning Districts of R-3, R-5, REMU, and B-2M, Located at 980 Story Mill Road, Application 21337 21337 Canyon Gate ANNX ZMA CC SR.pdf Hinds v. COB Decision.pdf A1DevelopmentReviewApplication_08112021.pdf DRCMemoResponses_10272021.pdf RevisionandCorrectionRC.pdf Letter to City - Annexation Agreement.pdf 120821 FINAL Canyon Gate Annexation Agreement.docx.pdf 21337 Canyon Gate ANNX Resolution 5363.pdf 21337 Canyon Gate ZMA Ordinance 2099.pdf Canyon Gate Annexation Meets and Bounds 11-12-21.docx Canyon Gate ZMA 11-12-21.pdf Canyon Gate Annexation Map 11-12-21.pdf Canyon Gate Zoning Meets and Bounds 11-12-21.docx SIDWaiver_10272021.pdf ExistingOff-SiteGasPipelineEasementBk122Pg54_10272021.pdf ExistingWaterMainEasementBk17Pg29_10272021.pdf StoryMillRoadPublicStreetandUtilityEasement_10272021.pdf WaterPipelineAccessEasement_10272021.pdf 21337 Canyon Gate Comment Tracking.xlsx 00:45:56 Clarification on Process by Mayor Andrus Mayor Andrus outlined where the hearing of the project would be picked up from the previous meeting. 00:46:57 Staff Presentation CA Sullivan answered that the process for how a supermajority vote would work for the meeting with the absence of Commissioner Coburn, stating that three votes would make a supermajority. He provided clarification on the definition of contract zoning. Planner Miller provided clarification to the Commission on criteria of approval for the project, the differences of B-2M and B-1 zoning, and the noticing process in response to public comments. 00:57:57 Applicant Presentation Andy Holloran presented the Canyon Gate Annexation Proposal to the Commission and responded to public comments. 01:05:12 Questions Commissioners directed questions to staff and the applicant. 01:45:59 Meeting Recess Mayor Andrus called for a five minute break. 01:48:39 Meeting Reconvened Mayor Andrus called the meeting back to order. 01:49:10 Discussion 24 Bozeman City Commission Meeting Minutes, January 11, 2022 Page 5 of 8 02:07:33 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings related to annexation presented in the staff report for application 21337 and move to approve Resolution 5363, the Canyon Gate Annexation and authorize the City Manager to sign the Canyon Gate Annexation Agreement. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 02:11:16 Motion to amend the motion to add an agreement to the annexation agreement that would limit building height to 50 feet or 4 stories throughout the entire project. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 02:12:05 Discussion on the Amendment 02:18:14 Vote on the Motion to amend the motion to add an agreement to the annexation agreement that would limit building height to 50 feet or 4 stories throughout the entire project. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 02:18:33 Discussion on the Main Motion 02:24:43 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings related to annexation presented in the staff report for application 21337 and move to approve Resolution 5363, the Canyon Gate Annexation and authorize the City Manager to sign the Canyon Gate Annexation Agreement. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 25 Bozeman City Commission Meeting Minutes, January 11, 2022 Page 6 of 8 02:25:52 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings related to zoning presented in the staff report for application 21337 and move to provisionally adopt Ordinance 2099, the Canyon Gate Zone Map Amendment. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 02:26:19 Discussion on the Zoning Motion Cr. Madgic provided findings in agreement with staff's findings with particular reference to neighborhood nodes and the policy goals of the Community Plan. DM Cunningham highlighted Theme Three from the Community Plan speaking to districts within the City. He noted the well-resourced and thoughtful comments submitted from the public on this matter. He noted the importance in adhering to adopted City plans when making decisions for the next 50 year, while also balancing neighbors' concerns in the short-term. Mayor Andrus noted the requested zoning makes sense in this particular area. She noted the difficulty in building the City we want given the UDC designed around utilizing Euclidian Zoning. 02:51:17 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings related to zoning presented in the staff report for application 21337 and move to provisionally adopt Ordinance 2099, the Canyon Gate Zone Map Amendment. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None IJ.2 02:51:39 Continue to the January 25, 2022 Commission Meeting the Approval of a Preliminary Plat for the Park View Crossing Major Subdivision to Create 44 Residential Lots on a 7 Acre Parcel Zoned R-3, Medium-density Residential District 21158 Park View Crossing PP continuance memo 12 23 21.docx 02:52:07 Motion to Re-schedule the Park View Crossing Major Subdivision Preliminary Plat to the January 25, 2022 Commission meeting as an action item. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 02:52:52 Vote on the Motion to Re-schedule the Park View Crossing Major Subdivision Preliminary Plat to the January 25, 2022 Commission meeting as an action item. The Motion carried 4 – 0. Approve: Cyndy Andrus 26 Bozeman City Commission Meeting Minutes, January 11, 2022 Page 7 of 8 Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None IJ.3 02:53:10 Continue the Public Hearing of Resolution 5370 Approving a Project in the Northeast Urban Renewal District, Known as Wildlands, as an Urban Renewal Project; Making Findings with Respect Thereto and Approving the Use of Tax Increment Revenues or Tax Increment Revenue Bonds to Reimburse Eligible Costs Thereof and Approving a Related Development Agreement to January 25, 2022 02:53:49 Motion to continue Resolution 5370 Approving a Project in the Northeast Urban Renewal District, known as Wildlands, as an Urban Renewal Project; Making Findings with Respect Thereto and Approving the Use of Tax Increment Revenues or Tax Increment Revenue Bonds to Reimburse Eligible Costs Thereof and Approving a Related Development Agreement to January 25, 2022. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:54:00 Vote on the Motion to continue Resolution 5370 Approving a Project in the Northeast Urban Renewal District, known as Wildlands, as an Urban Renewal Project; Making Findings with Respect Thereto and Approving the Use of Tax Increment Revenues or Tax Increment Revenue Bonds to Reimburse Eligible Costs Thereof and Approving a Related Development Agreement to January 25, 2022. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None JK) 02:54:20 FYI / Discussion KL) 02:54:44 Adjournment ___________________________________ Cynthia L. Andrus Mayor 27 Bozeman City Commission Meeting Minutes, January 11, 2022 Page 8 of 8 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: February 1, 2022 28 Bozeman City Commission Meeting Minutes, January 25, 2022 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES January 25, 2022 Present: Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic Absent: None Staff Present in the WebEx: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, and City Clerk (CC) Mike Maas A) 00:01:42 Call to Order - 6:00 PM - WebEx Videoconference B) 00:05:43 Pledge of Allegiance and a Moment of Silence C) 00:06:20 Changes to the Agenda • Item H.5 was removed and will return next week after a correction to the contract that is uploaded. D) 00:07:00 Authorize Absence D.1 00:07:01 Authorize the Absence of Mayor Cyndy Andrus and Commissioner Christopher Coburn 00:07:09 Motion to authorize the absence of Mayor Cyndy Andrus and Commissioner Christopher Coburn. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 00:07:34 Vote on the Motion to authorize the absence of Mayor Cyndy Andrus and Commissioner Christopher Coburn. The Motion carried 3 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic 29 Bozeman City Commission Meeting Minutes, January 25, 2022 Page 2 of 8 Disapprove: None E) 00:07:48 Public Service Announcements E.1 Recently Approved Citizen Advisory Board Minutes F) 00:08:27 FYI • CM Mihelich noted the ribbon cutting ceremony on Thursday at 4pm for the newly acquired property on the south end of Peets Hill. • He added that the Engage Bozeman platform has a new survey on the PRAT Plan. • He referenced the HRDC quarterly update with information about the Outreach Bozeman Pilot Program. H) 00:10:58 Consent H.1 Accounts Payable Claims Review and Approval H.2 Approve City Manager Jeff Mihelich's Merit Increase to Base Salary H.3 Authorize the City Manager to Sign an Agreement for Digital Video Migration with Granicus for the Conversion of Old City Commission and Citizen Advisory Board Meetings Data Migration Media Manager Quote - Granicus.pdf H.4 Authorize the City Manager to Sign a Professional Services Agreement with Montana Outdoor Science School to Implement a Direct Student Engagement Pilot Program in Bozeman Public Schools Utilizing the Bozeman Water Conservation and Stormwater Management Educator Guide Professional Services Agreement_MOSS Direct Student Engagement Pilot Program.pdf Scope of Services_MOSS Direct Student Engagement Pilot Program.pdf H.5 Authorize the City Manager to Sign a Professional Services Agreement with SKIDATA for the Installation of New Gates in the Bridger Park Parking Garage Exhibit A-SKIDATA_Proposal_For_Bridger Garage Replacement Gates.pdf PSA for new Garage Gate Skidata Jan 25, 2022.docx H.6 Authorize the City Manager to Sign Task Order Number 1 for the Right of Way Acquisition Project for West Babcock Street from 15th to 19th Right of Way Acquistion Task Order 1 for West Babcock 15th to 19th.pdf 00:11:04 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:12:26 Public Comment There were no public comments on the Consent Agenda. G) 00:13:56 Commission Disclosures 00:15:51 Motion to approve Consent Items 1-4 and 6 as submitted. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:16:12 Vote on the Motion to approve Consent Items 1-4 and 6 as submitted. The Motion carried 3 – 0. 30 Bozeman City Commission Meeting Minutes, January 25, 2022 Page 3 of 8 Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None I) 00:16:30 Public Comment DM Cunningham opened general public comments. 00:18:40 Marcia Kaveney, Public Comment Marcia Kaveney commented on concerns of the Wildlands Project and how it meets the criteria for TIF assistance funds. 00:22:26 Chris Omland, Public Comment Chris Omland commented on the City's public comment process, the need for improvements, and the need for citizens to engage in dialogue with developers and Commissioners. 00:25:44 Evan Rainey, Public Comment Evan Rainey commented in opposition to TIF assistance in general as subsidizing gentrification. J) 00:30:37 Action Items J.1 00:30:46 Review of the Preliminary Plat of the Park View Crossing Major Subdivision to Create 44 Townhome Lots, 2 Open Space Lots, 1 Storm Water Management Lot, Streets and an Alley on 7 Acres of Land zoned R-3, Medium-density Residential _2.g_PreliminaryPlat_09242021.pdf 21158 Park View Crossing CC staff rpt 12 28 21.pdf 21158 City Commission hearing memo.pdf 21158 Comm Dev Board mtg summary.pdf 00:30:59 Staff Presentation Senior Planner Susana Montana presented the application, the project vicinity, the Future Land Use Map (FLUM) designation and correlating zoning district, land uses in the vicinity, the proposed subdivision plat, availability of Accessory Dwelling Units (ADU), the lot size and park requirements, the findings from the Community Plan Policy, a summary of the public comment received, and the recommendation. 00:44:06 Questions of Staff 00:59:50 Applicant Presentation Brett Megaard with Hyalite Engineers presented the application, the project vicinity and land uses, noted efforts on a land swap to adjust the property boundary, the overall layout of utilities, and responded to questions the Commission raised related to housing diversity, parking issues, and shared use pathways. 01:07:44 Questions of Applicant 31 Bozeman City Commission Meeting Minutes, January 25, 2022 Page 4 of 8 01:10:32 Public Comment DM Cunningham opened this item for public comments. 01:12:08 Emily Talago, Public Comment Emily Talago commented on the reduction of lots related to requirements of parking adjacent to parkland. 01:14:50 Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 21158 and move to approve the Park View Crossing Preliminary plat Major Subdivision with staff recommended conditions and subject to all applicable code provisions. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 01:15:25 Discussion Cr. Pomeroy agreed with staff's findings, noted the variety of housing, and will support the motion. Cr. Madgic will support the motion, agreed with staff's findings and Cr. Pomeroy, and appreciated the work for attainable housing utilizing the R-3 district to its maximum extent and housing variety. She noted the need to review the policy for lots abutting parks. DM Cunningham agreed with his colleagues, staff's findings, and noted the wisdom or removing the request for a variance. He will support the motion. 01:23:55 Vote on the Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 21158 and move to approve the Park View Crossing Preliminary plat Major Subdivision with staff recommended conditions and subject to all applicable code provisions. The Motion carried 3 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None J.2 01:24:22 Review North Montana Avenue Minor Subdivision Preliminary Plat, Application 21224 21224 N. Montana Ave. Minor Sub PP SR.pdf A1 - Preliminary Plat.pdf NoticingChecklistN1.pdf PP City Response - Annotated .pdf Project Narrative.pdf PROPERTY OWNERS ADJACENT TO 413.pdf PROPERTY OWNERS WITHIN 200 FT.pdf RevisionandCorrectionRC.pdf SID Waiver 413-415 N. Montna.pdf 32 Bozeman City Commission Meeting Minutes, January 25, 2022 Page 5 of 8 Title Certificate.pdf Utility Easement 415 N. Montana.pdf Preliminary Plat - Exhibit 1.pdf 01:24:50 Staff Presentation Associate Planner Jacob Miller entered the staff report and materials into the record, presented the application, the FLUM designation and the correlating zoning district, the project vicinity, the preliminary plat, a summary of the application criteria, and recommendations. 01:29:48 Questions of Staff 01:32:55 Applicant Presentation Gordon Carpenter presented the background of the project, the intent for the project, and a status update on the project. 01:34:33 Questions of Applicant 01:37:41 Public Comment There were no public comments on this item. 01:40:40 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 21224 and move to approve the subdivision with conditions and subject to all applicable code provisions. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 01:41:10 Discussion 01:45:24 Vote on the Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 21224 and move to approve the subdivision with conditions and subject to all applicable code provisions. The Motion carried 3 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 01:45:40 DM Cunningham called the meeting into recess. 01:46:25 DM Cunningham called the meeting back to order. J.3 01:46:42 Resolution 5370 A Resolution Approving a Project in the Northeast Urban Renewal District, Known as Wildlands, as an Urban Renewal Project; Making 33 Bozeman City Commission Meeting Minutes, January 25, 2022 Page 6 of 8 Findings with Respect Thereto and Approving the Use of Tax Increment Revenues or Tax Increment Revenue Bonds to Reimburse Eligible Costs Thereof and Approving a Related Development Agreement Commission Memorandum for Resolution 5370.docx Staff Report to the NURD and Packet Material.pdf Resolution 5370 approving Wildlands project.docx BZN Development Agreement.Wild Peach.v7.docx Affordable Housing Restrictive Covenant and Agreement 010622 v2.doc 01:46:59 Staff Presentation Urban Renewal Program Manager David Fine presented the purpose of TIF assistance and urban renewal, the Northeast Urban Renewal Plan's seven goals, an overview of the Northeast TIF program, the site context, the project and proposed restrictive covenant for off-site housing agreement, the costs to be reimbursed with TIF assistance, the fiscal effects and reimbursement timeline, the required findings, entered the staff report and recommendation of the Northeast Urban Renewal Board into the record, and outlined the actions of Resolution 5370. 01:59:50 Questions of Staff 02:23:52 Public Comment There were no public comments on this item. 02:28:27 Motion to adopt Staff's findings in the Commission Memorandum and the Staff Report to the Northeast Urban Renewal Board and approve Resolution 5370. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 02:28:35 Discussion Cr. Pomeroy agreed with staff's findings and that the TIF assistance is well used for this project and will support the motion. Cr. Madgic will support the motion, agreed with the findings, and TIF assistance is a tool to provide additional housing units. DM Cunningham will support the motion, highlighted sections of the staff report related to projects lack of feasibility but for TIF assistance, and the constraints of building to accommodate the neighborhood character. He noted the improvements efforts addressing blight and the ratio of private to public funding. 02:38:14 Vote on the Motion to adopt Staff's findings in the Commission Memorandum and the Staff Report to the Northeast Urban Renewal Board and approve Resolution 5370. The Motion carried 3 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 34 Bozeman City Commission Meeting Minutes, January 25, 2022 Page 7 of 8 J.4 02:38:34 Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2021 and Audit Results FY21 City of Bozeman Draft ACFR.pdf 02:39:17 Staff Presentation Assistant City Manager Anna Rosenberry, joined by Jessica Van Voast and Jacob Popp from Anderson ZurMuehlen and Company presented the Annual Comprehensive Financial Report for FY2021 and Audit results. ACM Rosenberry presented the financial report for financial results, transparency, accountability, and compliance. She noted that this is the 37th year the City of Bozeman received the GFOA's Certificate of Achievement for Excellence in Financial Reporting, highlighted the work of Controller Aaron Funk and Treasurer Laurae Clark, past employees, Kristin Donald, Brian LaMeres, Brandi Higgins, and Maurice Gauthier, and all current employees across all departments that are involved in processing finances in achieving this award. She presented the highlights of the financial report and important financial events for FY21. Jessica Van Voast & Jacob Popp presented an overview of the audit process and requirements, an overview of the audit results, the letter to governance, and items coming in the future. 03:01:06 Questions 03:14:05 Public Comment There were no public comments on this item. 03:17:12 Motion to approve the Fiscal Year 2021 Annual Comprehensive Financial Report and the accompanying Letter of Governance. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 03:17:28 Discussion 03:22:37 Vote on the Motion to approve the Fiscal Year 2021 Annual Comprehensive Financial Report and the accompanying Letter of Governance. The Motion carried 3 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None K) 03:22:49 FYI / Discussion • CM Mihelich responded that the purchasing policy was updated in December and the annual audit is required by the City Charter. L) 03:23:45 Adjournment 35 Bozeman City Commission Meeting Minutes, January 25, 2022 Page 8 of 8 ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: February 1, 2022 36 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer SUBJECT:Acknowledge Receipt of Petition to Abandon Redwing Drive and Direct Staff to Review the Petition MEETING DATE:February 1, 2022 AGENDA ITEM TYPE:Administration RECOMMENDATION:Acknowledge Receipt of Petition to Abandon Redwing Drive and Direct Staff to Review the Petition. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The city received a petition to abandon Redwing Drive. Resolution 3628 sets the procedure for abandonment of streets. Accepting of the petition and directing staff to review the petition is the initial step of that procedure. Future steps include: completion of an engineering staff staff report, a Resolution of Intent, a noticed public hearing, and finally a Resolution of Abandonment. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:None. Attachments: Red Wing Drive Abandonment Application 011822.pdf Report compiled on: January 20, 2022 37 APPLICATION FOR STREET/ALLEY VACATION 1. Name:________________________________________________________________________ 2. Address and Phone Number:______________________________________________________ 3. Street/alley name and written description of area to be vacated: 4.Attach a map/design of proposed vacation showing the following: a.Location in City b.Street/alley to be vacated c.Applicant’s property d. Adjacent property owners e.Location of utilities f.Adjacent buildings/fixtures 5.Names and addresses of adjacent property owners to proposed street/alley vacation: Name Address 6.ATTACH SIGNED CONSENT LETTERS FROM EACH ADJACENT PROPERTYOWNER. 7.Is street/alley improved?Yes No 8.Attach statement from utility companies indicating consent, consent with conditions (statingconditions), or object to proposed vacation 9.Attach title report showing all ownership interests and easements in property abutting proposedvacation. 38 NON-REFUNDABLE APPLICATION FEE (FOR SIMPLE STREET/ALLEY VACATIONS) Public Service: $60.00 City Clerk: $75.00 Police: $25.00 Fire $25.00 Planning: $10.00 Total: $195.00 For Complex Street/Alley Vacation: Add 10% to above fee Submission of Application for Street/Alley Vacation in no way obligates the City to vacate proposed street or alley. The ultimate decision for vacation is made by the City Commission, based on if proposed vacation is detrimental to the public interest. Sanderson Stewart check number 2994 for $214.50 is included with this application to cover the "complex" fee amount. 39 RED WING DRIVE ABANDONMENT Application Narrative Purpose On behalf of Bozeman TRAX Partners, LLC (the applicant), Sanderson Stewart (the applicant’s representative) is requesting the partial abandonment of Red Wing Drive in Bozeman, Montana. Red Wing Drive is in actual existence. See the included map showing the location of Red Wing within the City, the portion of the street to be abandoned and retained, the applicant’s properties, the additional abutting properties, locations of public utilities, and adjacent buildings and fixtures. This application specifically requests the abandonment of Red Wing Drive within Montana Rail Link Right of Way (ROW), while retaining the portion within the City of Bozeman ROW. This abandonment will allow the TRAX Partners, LLC and MRL to design and construct multiple rail spurs to service the future industrial users at North Park. Road Description Red Wing Drive is located just west of N 7th Ave and runs southwest paralleling the Frontage Road and the railroad tracks. The section to be abandoned extends from the intersection of Red Wind Dr. and the Frontage Rd. (the northwestern-most extent) to the point it crosses the MRL ROW boundary (the southeastern-most extent), which is approximately 0.15 miles from North 7th Avenue. The road averages 26 feet in width with a road surface of gravel and remnants of dilapidated pavement. Land & Uses Description There are currently six properties that abut Red Wing Drive. These properties are owned by Bozeman TRAX Partners, LLC, the State of Montana-DNRC, Burlington Northern Santa Fe, and Montana Department of Transportation. The road is primarily used for access to the railroad by MRL and as one of two access to the DNRC land. Red Wing Drive also provides access to two utility sites operated by Crown Castle and NorthWestern Energy. With the abandonment of Red Wing Dr., a temporary alternative access road will be constructed to provide continued access to Crown Castle and NorthWestern Energy’s utilities (see included Figure 1: Crumbling Pavement of Red Wing Dr. 40 exhibit). This temporary access road will be replaced when the North Park Master Site Plan (MSP) is constructed and local streets will provide permanent access to the utility sites (see included exhibit). NorthWestern Energy Utility Site Crown Castle Utility Site Red Wing Drive Railroad Frontage Road Abutting Property Owners Below is a list of the abutting property owners and active users with their documented position on the proposed abandonment noted. Formal letters from these owners and users are included in this petition packet. Bozeman TRAX Partners—Consent Crown Castle Communications—No Response Northwestern Energy—Consent Montana Department of Transportation—Conditional Support Montana Department of Natural Resources—No Position Montana Rail Link—Consent Figure 2: View of Red Wing Dr. (Looking southwest) 41 MANLEYFR O N TA GE 7THRED W IN G INTERSTATE 90BAXTERSIMMENTAL UNK19THLEAGRIFFINMANDEVILLEMAUSBOOT HILL FLORAF A R M V I E W REEVESORVILLE SACCORAWHIDE GALLATIN PARK WHEAT7THI NTERSTATE 900 0.25 0.5Miles January 17th, 2022 Redwing Drive Abandonment Redwing DriveRetain (within City ROW)Abandon (within MRL ROW) TRAX Partners TRAX Partners BOZEMAN Storm MainSewer Main Water Main TRAX Partners Crown Castle NorthWestern Energy State of MontanaMT Dept of Transportation BNSF (MRL) 42 MANLEYFR O NTA GE 7THRED W IN G INTERSTATE 90BAXTERSIMMENTAL UNK19THLEAGRIFFINMANDEVILLEMAUSBOOT HILL FLORAF A R M V I E W REEVESSACCOORVILLE RAWHIDE GALLATIN PARK WHEATCOMMERCEI NTERSTATE 907TH0 0.25 0.5Miles September 28th, 2021 Red Wing Drive Abandonment Redwing DriveRetain (within City ROW) Abandon (within MRL ROW) Northwestern EnergyCrown Castle Temporary Utility Access We propose to construct a temporaryaccess road within a public accesseasement extending from the retainedportion of Red Wing Drive along theexisting parcel lines. This temporary roadwill provide access to both NorthWesternEnergy's and Crown Castle's sites. Theroad will be constructed to GallatinCounty's gravel road standards, with a30' wide access easement and a 26'road width. Proposed Temporary Access Crown Castle Access to be Abandonded 43 WHEATFLORACULTIVAR FAUNA 7THMANLEYFR O NTA GE INTERSTATE 90RED WIN G BAXTERSIMMENTAL UNK19THLEAGRIFFIN WHEAT MANDEVILLE MAUSBOOT HILL SACCOFLORANIKLES FA R M V I E W REEVESORVILLE RAWHIDE GILKERSONGALLATIN PARK I NT E R S T AT E 9 0 19T H7TH0 0.25 0.5Miles September 28th, 2021 Red Wing Drive Abandonment Abandoned Red Wing Dr Future Roads Northwestern EnergyCrown Castle Future Permanent Utility Access Based upon the approved North ParkDevelopment Master Plan, four roads(Wheat Drive, Flora Lane, Cultivar Street,and Fauna Street) will be constructed inthe future to provide access to futuredevlopment. These new roads will alsoserve as permanent access routes to theNorthWestern and Crown Castle sites.Thus, the remainder of Red Wing Drive(except for the small portion connectingCultivar St to 7th Ave) and the temporaryutility access road connecting Red WingDrive to the untility sites will beabandoned once the new roads areconstructed. 44 Legal Description Property Owner Name Contact Name Contact Address S36, T01 S, R05 E, COS2153A, Tract 1-B Bozeman Trax Partners LLC Casey Tippens 5148 US Highway 89, Livingston, MT 59047 S36, T01 S, R05 E, COS2153A, Tract 2-B Bozeman Trax Partners LLC Casey Tippens 5148 US Highway 89, Livingston, MT 59047 S36, T01 S, R05 E, COS2153A, Tract 4-B Bozeman Trax Partners LLC Casey Tippens 5148 US Highway 89, Livingston, MT 59047 S36, T01 S, R05 E, COS3019, Area 6 State of Montana, DNRC Ryan Weiss PO Box 201601, Helena, MT 59620-1601 Railroad Right of Way Burlington Northern Santa Fe as successor to Northern Pacific Railroad Nick Bailey, P.E., Montana Rail Link 101 International Dr, Missoula, MT 59808 Right of Way Montana Department of Transportation Jean A. Riley, P.E.2701 Prospect, PO Box 201001, Helena, MT 59620 ZAL-MT08_SIMMENTAL (cell tower identifier)Crown Castle Sharry Bendel 1220 Augusta Drive Suite 500, Houston, TX 77057 N/A NorthWestern Energy Pat Patterson 121 E Griffin Dr, Bozeman, MT 59715 Adjacent Property Owners * See EXHIBIT A for Title Report 45 Bozeman (Main Office) AMERICAN LA�D (406) 587-5563 • (888) 405-5299 1800 West K��\��:£ ��it:�3 •8 P.O. Box 396 ••••••i■it-J§a Bozeman, MT 59715 • 59771-0396 v Ennis (Branch Office) (406)682-5299 • (800) 405-5299Fax: (406) 682-5288 3 Geyser Street • P. 0. Box 1248 Ennis, MT 59729 ennis@altc.bizbozeman@altc.biz www.altc.biz OWNERSHIP REPORT -Red Wing Drive Project Order#: RS-02841 See Attached image submitted with order request for REF#. REF# Legal Tax ID Owner 1. Railroad Right of Way N/A Burlington Northern Santa Fe as successor to Northern Pacific Railroad Montana Rail Link as Lessee (Lease in Film 99 Page 1829) 2.COS2153A Tract 1-B *RFG44603 (1-A)Bozeman Trax Partners, LLC *RFG21678 (2-A)(Warranty Deed #27 40727) (Former Tract 1-A, 2-A, & Part 3-A of *RFG44604 (3-A)COS2153) 3. COS2153A Tract 2-B *RFG44604 (3-A)Bozeman Trax Partners, LLC *RFG44605 (4-A)(Warranty Deed #27 40727) (Parts Former Tracts 3-A & 4-A of COS2153) 4. COS2153A Tract 4-B *RFG44605 (4-A)Bozeman Trax Partners, LLC (Warranty Deed #27 40727) (Part Former Tract 4-A of COS2153) 5. Area 6 as shown on COS3019 RFG83139 State of Montana (Book 89 of Deeds Page 76) Bozeman TRAX Partners, LLC as lessee (Memorandum of Commercial Ground Lease #27 40728) 6.Right of Way N/A Montana Department of Highways (ROW deed Film 117 Page 879) *Tax parcels as shown in public record do not yet reflect 2/4/2021 plat Certificate of Survey No. 2153A This report is provided without benefit of a title examination. No liability is assumed for the completeness thereof. Plats may or may not be a survey of the land depicted herein. The company expressly disclaims any liability for alleged loss or damage which may result from reliance upon them. EXHIBIT A 46 47 September 23, 2021 Casey Tippens Bozeman Trax Partners LLC ctippens@gmail.com *Contacted via email Reference: Red Wing Drive Abandonment Property: COS2153A, Tract 1-B Dear Casey, Bozeman TRAX Partners, LLC (Petitioner) wishes to abandon the portion of Red Wing Drive within the Montana Rail Link (MRL) Railroad Right-of-Way (ROW). The section of Red Wing Drive being petitioned for abandonment extends from the grade-crossing at Frontage Road and extends to the southeast extent of the railroad ROW. Attached is a map showing the adjacent parcels, with your parcel highlighted, and the portion of Red Wing Drive we are petitioning to abandon. In accordance with the requirements of the Petition to Vacate as established by City of Bozeman Resolution 3628, we respectfully request your written consent to abandon by signing this consent letter on page 2 and returning a signed copy to me via e-mail. If you wish to add any comments, please include them in the space below your signature, or attach a separate sheet of paper if necessary. Your prompt attention to this matter would be greatly appreciated. If you have any questions concerning this abandonment, please feel free to contact me at 406/922-4311 or cnaumann@sandersonstewart.com. Thank you. Sincerely, Chris Naumann Senior Planner 48 Mr. Casey Tippens September 23, 2021 Page 2 Subject: Red Wing Drive Abandonment Owner: Casey Tippens Bozeman Trax Partners LLC Property: COS2153A, Tract 1-B To: City of Bozeman, Gallatin County, MT Consent is hereby granted for the Petitioner to abandon the portion of Red Wing Drive within the Montana Rail Link Railroad Right-of-Way. Signed: _______________________________________________ Dated: _____________________ Printed Name: _________________________________________ Phone: _____________________ COMMENTS: 49 7THMANLEYFR O N TA GE INTERSTATE 90RED W IN G BAXTERSIMMENTAL UNK19THLEAGRIFFIN WHEAT MANDEVILLE MAUSBOOT HILL SACCOFLORANIKLES F A R M V I E W ORVILLE RAWHIDE REEVESGILKERSONGALLATIN PARK IN TER ST A TE 9 0 19T H7TH0 0.25 0.5Miles September 23rd, 2021 Redwing Drive Abandonment Redwing DriveRetain (within City ROW)Abandon (within MRL ROW) Northwestern Energy Communication Tower Tower Access Parcel 1 Parcel 1 50 September 23, 2021 Casey Tippens Bozeman Trax Partners LLC ctippens@gmail.com *Contacted via email Reference: Red Wing Drive Abandonment Property: COS2153A, Tract 2-B Dear Casey, Bozeman TRAX Partners, LLC (Petitioner) wishes to abandon the portion of Red Wing Drive within the Montana Rail Link (MRL) Railroad Right-of-Way (ROW). The section of Red Wing Drive being petitioned for abandonment extends from the grade-crossing at Frontage Road and extends to the southeast extent of the railroad ROW. Attached is a map showing the adjacent parcels, with your parcel highlighted, and the portion of Red Wing Drive we are petitioning to abandon. In accordance with the requirements of the Petition to Vacate as established by City of Bozeman Resolution 3628, we respectfully request your written consent to abandon by signing this consent letter on page 2 and returning a signed copy to me via e-mail. If you wish to add any comments, please include them in the space below your signature, or attach a separate sheet of paper if necessary. Your prompt attention to this matter would be greatly appreciated. If you have any questions concerning this abandonment, please feel free to contact me at 406/922-4311 or cnaumann@sandersonstewart.com. Thank you. Sincerely, Chris Naumann Senior Planner 51 Mr. Casey Tippens September 23, 2021 Page 2 Subject: Red Wing Drive Abandonment Owner: Casey Tippens Bozeman Trax Partners LLC Property: COS2153A, Tract 2-B To: City of Bozeman, Gallatin County, MT Consent is hereby granted for the Petitioner to abandon the portion of Red Wing Drive within the Montana Rail Link Railroad Right-of-Way. Signed: _______________________________________________ Dated: _____________________ Printed Name: _________________________________________ Phone: _____________________ COMMENTS: 52 7THMANLEYFR O N TA GE INTERSTATE 90RED W IN G BAXTERSIMMENTAL UNK19THLEAGRIFFIN WHEAT MANDEVILLE MAUSBOOT HILL SACCOFLORANIKLES F A R M V I E W ORVILLE RAWHIDE REEVESGILKERSONGALLATIN PARK IN TER ST A TE 9 0 19T H7TH0 0.25 0.5Miles September 23rd, 2021 Redwing Drive Abandonment Redwing DriveRetain (within City ROW)Abandon (within MRL ROW) Northwestern Energy Communication Tower Tower Access Parcel 2 Parcel 2 53 September 23, 2021 Casey Tippens Bozeman Trax Partners LLC ctippens@gmail.com *Contacted via email Reference: Red Wing Drive Abandonment Property: COS2153A, Tract 4-B Dear Casey, Bozeman TRAX Partners, LLC (Petitioner) wishes to abandon the portion of Red Wing Drive within the Montana Rail Link (MRL) Railroad Right-of-Way (ROW). The section of Red Wing Drive being petitioned for abandonment extends from the grade-crossing at Frontage Road and extends to the southeast extent of the railroad ROW. Attached is a map showing the adjacent parcels, with your parcel highlighted, and the portion of Red Wing Drive we are petitioning to abandon. In accordance with the requirements of the Petition to Vacate as established by City of Bozeman Resolution 3628, we respectfully request your written consent to abandon by signing this consent letter on page 2 and returning a signed copy to me via e-mail. If you wish to add any comments, please include them in the space below your signature, or attach a separate sheet of paper if necessary. Your prompt attention to this matter would be greatly appreciated. If you have any questions concerning this abandonment, please feel free to contact me at 406/922-4311 or cnaumann@sandersonstewart.com. Thank you. Sincerely, Chris Naumann Senior Planner 54 Mr. Casey Tippens September 23, 2021 Page 2 Subject: Red Wing Drive Abandonment Owner: Casey Tippens Bozeman Trax Partners LLC Property: COS2153A, Tract 4-B To: City of Bozeman, Gallatin County, MT Consent is hereby granted for the Petitioner to abandon the portion of Red Wing Drive within the Montana Rail Link Railroad Right-of-Way. Signed: _______________________________________________ Dated: _____________________ Printed Name: _________________________________________ Phone: _____________________ COMMENTS: 55 7THMANLEYFR O N TA GE INTERSTATE 90RED W IN G BAXTERSIMMENTAL UNK19THLEAGRIFFIN WHEAT MANDEVILLE MAUSBOOT HILL SACCOFLORANIKLES F A R M V I E W ORVILLE RAWHIDE REEVESGILKERSONGALLATIN PARK IN TER ST A TE 9 0 19T H7TH0 0.25 0.5Miles September 23rd, 2021 Redwing Drive Abandonment Redwing DriveRetain (within City ROW)Abandon (within MRL ROW) Northwestern Energy Communication Tower Tower Access Parcel 3 Parcel 3 56 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION GREGGIANl'ORll;,GOVERNOR 1539 J,LEVJ1NTI I A Vl1Nlffi --STATE OF MONTANA----- DIRECfOR'S OFFICE: (406) 444-21174 l'AX: (406) 444-2684 January 7, 2022 Bozeman City Commission 121 N Rouse Ave. Bozeman, MT 59715 RE: Petition to Abandon a Public Road Red Wing Drive through Sec. 36-T1S-R5E PO BOX 201601 IIEU1NA, MONTANA 59620-1601 Dear Commissioners, The Department received notification of the proposed abandonment action affecting Red Wing Drive through the property described above. We appreciate the opportunity to provide input and upon cursory review, the Department takes no position on the proposal at this time. Should the proposal be modified or altered we would appreciate being afforded the opportunity to re-engage and participate as necessary. Sincerely, ��vJ� Ryan Weiss, Chief Real Estate Management Bureau cc: Bozeman Unit Office Right of Way Section Property Management Section 57 September 23, 2021 State of Montana, DNRC (Owner) Casey Tippens, Bozeman Trax Partners LLC (Lessee) ctippens@gmail.com *Contacted via email Reference: Red Wing Drive Abandonment Property: COS3019, Area 6 Dear State of Montana & Mr. Tippens, Bozeman TRAX Partners, LLC (Petitioner) wishes to abandon the portion of Red Wing Drive within the Montana Rail Link (MRL) Railroad Right-of-Way (ROW). The section of Red Wing Drive being petitioned for abandonment extends from the grade-crossing at Frontage Road and extends to the southeast extent of the railroad ROW. Attached is a map showing the adjacent parcels, with your parcel highlighted, and the portion of Red Wing Drive we are petitioning to abandon. In accordance with the requirements of the Petition to Vacate as established by City of Bozeman Resolution 3628, we respectfully request your written consent to abandon by signing this consent letter on page 2 and returning a signed copy to me via e-mail. If you wish to add any comments, please include them in the space below your signature, or attach a separate sheet of paper if necessary. Your prompt attention to this matter would be greatly appreciated. If you have any questions concerning this abandonment, please feel free to contact me at 406/922-4311 or cnaumann@sandersonstewart.com. Thank you. Sincerely, Chris Naumann Senior Planner 58 State of Montana & Mr. Casey Tippens September 23, 2021 Page 2 Subject: Red Wing Drive Abandonment Owner: State of Montana Lessee: Casey Tippens Bozeman Trax Partners LLC Property: COS3019, Area 6 To: City of Bozeman, Gallatin County, MT Consent is hereby granted for the Petitioner to abandon the portion of Red Wing Drive within the Montana Rail Link Railroad Right-of-Way. Owner Signed: _______________________________________________ Dated: _____________________ Printed Name: _________________________________________ Phone: _____________________ Lessee: Signed: _______________________________________________ Dated: _____________________ Printed Name: _________________________________________ Phone: _____________________ COMMENTS (Owner): COMMENTS (Lessee): 59 7THMANLEYFR O N T A G E INTERSTATE 90RE D W I N G BAXTERSIMMENTAL UNK19THLEAGRIFFIN WHEAT MANDEVILLE MAUSBOOT HILL SACCOFLORANIKLES FARM V I E W ORVILLE RAWHIDE REEVESGILKERSONGALLATIN PARK IN T E R S T A T E 9 0 19TH 7TH0 0.25 0.5Miles September 23rd, 2021 Redwing Drive Abandonment Redwing DriveRetain (within City ROW)Abandon (within MRL ROW) Northwestern Energy Communication Tower Tower Access Parcel 4 Parcel 4 60 61 62 63 64 65 66 67 68 69 70 ORIGINAL DOCUMENT MAY HAVE POOR PHOTOGRAPHIC QUALITY THIS DOCUMENT IS PROVIDED WITHOUT BENEFIT OF A TITLE EXAMINATION. NO LIABILITY IS ASSUMED FOR THECOMPLETENESS THEREOF. PLATS MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED HEREIN. THE COMPANYEXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THEM. 71 ORIGINAL DOCUMENT MAY HAVE POOR PHOTOGRAPHIC QUALITY THIS DOCUMENT IS PROVIDED WITHOUT BENEFIT OF A TITLE EXAMINATION. NO LIABILITY IS ASSUMED FOR THECOMPLETENESS THEREOF. PLATS MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED HEREIN. THE COMPANYEXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THEM. 72 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Lance Lehigh, Interim City Engineer Jeff Mihelich, City Manater SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with DOWL to Provide Professional Engineering Design Services for the 2022 Sewer Lining Project MEETING DATE:February 1, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with DOWL to provide professional engineering design services for the 2022 Sewer Lining Project STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The City has identified a section of 21-inch gravity sewer main in poor structural condition beginning near the northeast corner of Walmart’s Propety off of North 7th Avenue and ending at a 30-inch trunk sewer main connection in Rouse Avenue near the Lehrkinds Propety. This sewer main was installed in 1969 and crosses under the railroad tracks (MRL), interstate 90 (MDOT), along Evergreen Drive (COB), and thru the Lehrkinds Property. This sewer main is very difficult for City crews to access for maintenance and has a high probability of failure. The City is proposing cure-in-place pipe lining to improve the condition of this pipe. A second sewer main along South 19th Avenue between College Street and Lincoln Street has been identified for pipe lining due high groundwater infiltration into the pipe. The existing sewer main is 8-inch diameter vitrified clay pipe, installed in 1963 within the right-of-way of South 19th Avenue. There are very few service connections on this main which makes it an ideal candidate for lining. The proposed contract will design cured in place (CIPP) pipe lining for the above mentioned sewer lines. Because the work areas cross Montana Rail Link Right-of-way and Interstate 90, there will be a significant amount of construction permitting work. City engineering staff advertised a request for proposals on October 17, 2021 to provide professional design services for the proposed improvements. Proposals were received from six firms. A 73 selection committee of five city staff selected DOWL as the most qualified firm to complete the work. A detailed breakdown of the services provided under this agreement are included in the attached scope and fee schedule. UNRESOLVED ISSUES:None ALTERNATIVES:Disapprove FISCAL EFFECTS:The cost of these services total $136,656 which is commensurate with the work involved. This work will be paid for from the wastewater fund Attachments: PSA.pdf Scope & Fee.pdf Report compiled on: January 14, 2022 74 Professional Services Agreement for [2022 Sewer Lining Project] 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, ____________, _______________, 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 _____ day of ______________, 202_, 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, 75 Professional Services Agreement for [2022 Sewer Lining Project] Page 2 of 11 Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. 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 76 Professional Services Agreement for [2022 Sewer Lining Project] Page 3 of 11 Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). 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 77 Professional Services Agreement for [2022 Sewer Lining Project] Page 4 of 11 jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; 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 the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements 78 Professional Services Agreement for [2022 Sewer Lining Project] Page 5 of 11 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. 79 Professional Services Agreement for [2022 Sewer Lining Project] Page 6 of 11 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 __Kellen Gamradt___ or such other individual as City shall designate in 80 Professional Services Agreement for [2022 Sewer Lining Project] Page 7 of 11 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 _____________________ 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. 81 Professional Services Agreement for [2022 Sewer Lining Project] Page 8 of 11 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. 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 82 Professional Services Agreement for [2022 Sewer Lining Project] Page 9 of 11 subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 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 83 Professional Services Agreement for [2022 Sewer Lining Project] Page 10 of 11 competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof 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. 84 Professional Services Agreement for [2022 Sewer Lining Project] Page 11 of 11 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 85 406-586-8834 ■ 800-865-9847 (fax) ■ 2090 Stadium Drive ■ Bozeman, Montana 59715 ■ www.dowl.com January 13, 2022 Mr. Kellen Gamradt City of Bozeman P.O. Box 1230 Bozeman, MT 59771 Subject: 2022 CIPP Projects – Proposed Scope and Fee – Rev. 1 4528.12477.01 Dear Mr. Gamradt: Please find enclosed the revised scope of services and fee for completion of the design phase services for the 2022 CIPP Projects. We look forward to working with you and the City. Please let us know what questions or comments you have. Sincerely, DOWL Kevin R. Johnson, PE, BCEE Project Manager Attachment(s): As stated 86 Exhibit A - Professional Services Agreement Page 1 of 10 July 2019 This is EXHIBIT A, consisting of 10 pages, is referred to in and part of the Agreement between Owner and DOWL for Professional Services dated , 2022. Project No. 4528.12477.01 Engineer’s Services Article 1 of the Agreement is supplemented to include the following agreement of the parties. Engineer shall provide Basic and Additional Services as set forth below. PART 1 – BASIC SERVICES A1.01 Introduction, Pre-Design, Permitting A. The 2022 Sewer Lining Project includes rehabilitation of existing sewer mains in poor condition and/or subject to groundwater infiltration. Area 1 (Evergreen Sewer) of the project includes rehabilitation of the existing 21-inch sewer trunk main from the northeast corner of the Walmart facility, across I-90, along Evergreen Drive, crossing Montana Rail Link (MRL) railroad right-of-way (ROW), and through private property before reaching the sewer trunk main on Rouse Avenue. Area 2 (S. 19th Sewer) of the project includes the rehabilitation of an existing 8-inch sewer main subject to groundwater infiltration located primarily within South 19th Avenue between Marsh Lab and College Street. 1. The proposed Cured-In-Place-Pipe (CIPP) installations will require bypass pumping provisions made more difficult by the Montana Department of Transportation (MDT) and railroad right-of-way (ROW) crossings and the busy traffic areas at locations of bypass manholes. Based on early discussions with both MDT and MRL, the project will require permission/permitting with the agencies, and temporary construction easements from private property owners for routing of temporary sewer bypass piping. Though the project will only need bypass pumping provisions for short time periods, the coordination to procure access for bypass pumping equipment and access to bypass manholes will encompass the majority of the project effort as compared to the actual CIPP design. 2. The project will include traffic impacts to the Walmart property, the Evergreen Drive business park area, the Lehrkinds Inc. property, the Cannery District, Rouse Avenue, West Garfield Street, South 19th Avenue, Montana State University Family Graduate Housing (FGH), and S. 15th Avenue. Traffic impacts will also need to be coordinated with ongoing or planned 2022 City and State construction projects such as the Griffin Drive Reconstruction project. B. Engineer shall: 1. Consult with Owner to define and clarify Owner’s requirements for the Project and available data. 2. Advise Owner of any need for Owner to provide data or services which are not part of Engineer’s Basic Services. 3. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by Engineer. 4. Provide technical criteria, written descriptions, and design data for Owner’s use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of the Project; assist Owner in consultations with such 87 Exhibit A - Professional Services Agreement Page 2 of 10 July 2019 authorities; and revise the Drawings and Specifications in response to directives from such authorities. 5. Perform or provide the following additional Phase tasks or deliverables: a. Existing Sewer Video Review & Condition Assessment: DOWL will review the sewer videos the City has completed and provided. The purpose of the review will be to identify any areas of the targeted sewer mains with structural or grade problems that will need to be repaired prior to slip lining with CIPP. b. Base Mapping: For use in both the construction drawings and exhibits necessary for permits and temporary construction easements, DOWL will develop base mapping from aerial imagery and available contour mapping. c. Conceptual Temporary Sewer Bypass Plans: For procurement of the necessary permits and temporary construction access agreements or easements, DOWL will develop a complete sewer bypass pumping plan to address access issues for the temporary bypass pumping required during construction. 1) DOWL will develop workable bypass pumping plans for the Evergreen sewer main for incorporation into traffic control plans at Rouse Avenue and for use in illustrating the requested temporary construction access provisions for the affected private property owners (Walmart, Westlake, Cannery District, Lehrkinds). 2) The bypass pumping plan for the S. 19th sewer will be the basis for traffic control provisions needed on S. 19th, Garfield, S. 15th and within Family Graduate Housing. 3) Changes to the bypass pumping plan during construction could warrant revisions to temporary construction access/easement agreements or traffic control plans. The intent is to provide proposed bypass plans for procurement of permits that are also adequate for construction and/or enable minor revisions to the plan without affecting any necessary agreements or approved traffic control plans. d. Preliminary Traffic Control Plans: Based upon the proposed bypass pumping plans, DOWL will prepare preliminary traffic control plans (TCP’s) for submittal to Montana Department of Transportation and City of Bozeman for review and concurrence. The final, approved TCP’s will be included in the bidding documents. e. Montana Rail Link Application: For the portion of existing sewer located under the MRL railroad tracks, MRL has indicated they will require an updated pipeline crossing permit for the sewer main. MRL has also indicated the updated agreement needs to reflect “current design standards” but it is not clear how this statement may apply for the proposed CIPP installation and if MRL will require additional improvements. For purposes of this scope of work, DOWL has assumed the permit application will reflect the CIPP installation, and MRL will accept this with no further mitigation requirements or improvements. Should MRL require more extensive mitigation or enhancement of the existing casing and/or pipeline crossing, DOWL will submit a request for equitable adjustment in scope and fee for incorporation of such additional mitigation measures and/or necessary design changes. f. Montana Department of Transportation Occupancy Permit(s): For the portion of the existing Evergreen sewer segment located under the I-90 interstate, MDT will require an update to the occupancy permit through MDT’s online Utility Permitting Administration System (UPAS). Similarly, the traffic control plans for impacts to Rouse Avenue for the 88 Exhibit A - Professional Services Agreement Page 3 of 10 July 2019 sewer bypass can be submitted through the UPAS system. For S. 19th, MDT has indicated this route is within the City of Bozeman maintenance areas and the City can oversee permitting for sewer rehabilitation. As with the MRL application, DOWL has assumed the permit application will reflect installation of the CIPP liner and no further mitigation will be required. Should MDT require more extensive mitigation or enhancement of the existing casing and/or pipeline crossing, DOWL will submit a request for commensurate adjustment in the scope and fee for incorporation of such additional mitigation measures and/or necessary design changes. g. Private Landowner Access Agreements: The construction process will warrant permission from several landowners for temporary construction access and/or routing of temporary bypass piping. will prepare exhibits and work descriptions for incorporation into Temporary Construction Easements (TCE’s) for execution by the landowner and the City. We anticipate the TCE’s are compensable and waiver valuations will be necessary for the TCE’s. DOWL anticipates completion of the following sequence of tasks to secure TCE’s. 1) Waiver Valuation: Includes title review of publicly available documentation to verify current ownership, comparable research, identification of Fair Market Value and document creation. 2) Offer Package Preparation: Includes preparation of draft offer package and presentation to the City for any comments before providing to the owners. 3) Offer Presentation: Includes preparation and meeting with owners for presentation of final offer packages and addressing owner questions and documenting the communications. 4) Negotiation and Coordination: Includes time for follow up contacts, coordination of explanations and alleviation of owner concerns, signing paperwork, compiling file and all documents for the City and transmittal of the file and associated documents for payment by the City to the owner. 5) It is assumed all valuation research and identification of ownership will be completed using publicly available information via desktop review and no title reports are anticipated. 6) DOWL anticipates access agreements or temporary construction easements will be necessary from the below identified entities. a) Walmart: Key manholes are located within the access road around the north and east sides of the Walmart building. It may be necessary to temporarily block the path around the back of the building during, at least, the first two stages of CIPP installation and bypass pumping, as the piping will block the access road around the building. Following the first two segment installations, a manhole out of the roadway can be used for the bypass pump suction line, and the road can remain open thereafter. DOWL will work with Walmart to coordinate this short-term access road closure and obtain a TCE to allow the contractor to stage bypass pumping and piping equipment from this corner of the Walmart property. b) Westlake Property: MDT has indicated bypass pipe and equipment cannot be placed inside the interstate controlled access right-of-way. Thus, the best bypass 89 Exhibit A - Professional Services Agreement Page 4 of 10 July 2019 route is to install pipe adjacent to the ROW fence but on the private property side, owned by Westlake. DOWL will work with Westlake to pursue a TCE for access to the proposed bypass pipe installation route along the north side of the affected private property parcel. The anticipated duration of this bypass is approximately 30 calendar days. c) Cannery District: The proposed sewer bypass piping route exits the Westlake property and enters the Cannery District property until intersecting the Rouse Avenue ROW. DOWL will work with the Cannery District to pursue a TCE for access and installation of the temporary sewer bypass pipe along the north side of this property parcel. d) Lehrkinds, Inc.: The City holds an easement for the sewer main crossing the Lehrkind property. The most practical access to the easement is through the existing parking lot. DOWL will work with Lehkinds to obtain a temporary access agreement for additional short term access for the construction equipment and installation of the CIPP. e) Whitefish LP II (Osterman’s Mini Warehouse): For project manhole on the east side of the railroad tracks, ready access is available through this property. A TCE is not anticipated but DOWL will work with this owner to obtain temporary access agreement to cross the property and access the necessary manhole. f) Family Graduate Housing/Montana State University (S. 19th Sewer): The best apparent sewer bypass route for the CIPP installation on S. 19th is through Family Graduate Housing between S. 19th and S. 15th Avenues. DOWL will coordinate with MSU and/or Family Graduate Housing to pursue TCE for access and routing of the necessary bypass piping across this property. Similarly, if adequate easement is not available at the south end of the project at Marsh Lab, DOWL will pursue access agreements for this area as well. h. Sewer Flow Monitoring: The City owns open channel flow monitoring equipment for use in measuring sanitary sewer flows. April and May tend to produce the highest flows with snow melt and rain showers. Thus, the intent will be to collect flow data both before the peak flow and during the peak months to capture the range of possible flows. We anticipate two (2) different installation and monitoring periods for the 21-inch main in Area 1. Flow monitoring is not as critical for the 8-inch mains on S. 19th but we propose a single monitoring period for this area as well. The City will install this equipment and collect the flow monitoring data for use in selecting the appropriate temporary bypass pumping flow rates to include in the bidding/construction documents. We have provided time for assistance with meter calibration and data collection/download from the equipment using the City’s equipment and software licensing. i. American Rescue Plan Act (ARPA) Application Materials: DOWL will prepare application materials for use of the City’s Minimum Allocation Funds from the ARPA. Application materials will include the following: 1) Minimum Allocation Funds Application (applicant information, project description, location, type and summary, goals, objectives, level of readiness, schedule, budget). 2) Montana Environmental Policy Act (MEPA) Checklist: This includes documentation of the source of all information and statements provided in the checklist and generation of any necessary figures and maps, along with contact with environmental agencies with interest within the project area. DEQ/DNRC will utilize this information to assist 90 Exhibit A - Professional Services Agreement Page 5 of 10 July 2019 in preparation of the required environmental assessment and advertising for public comment. C. Engineer’s services under this phase will be considered complete on the date when the necessary, signed access agreements are received and any other deliverables have been delivered to Owner. A1.02 Preliminary Design Phase A. The Preliminary Design Phase will include the following tasks. 1. Prepare Preliminary Design Phase documents consisting of project design criteria and assumptions, preliminary drawings, outline specifications, and written descriptions of the Project. The Preliminary Construction Drawings are expected to include the following: Drawing Description Expected Number of Sheets General, Cover, Legend, Notes, Key Maps 4 21” Evergreen Sewer Main – CIPP Plan Sheets (2,500 LF; 1” = 40’; 800-900’ per sheet) 3 Evergreen - Bypass Pumping Plans 2 Evergreen/Rouse – Traffic Control Plans 1 S. 19th Sewer Mains – CIPP Plan Sheets (2,500 LF) 3 S. 19th – Bypass Pumping Plans 2 S. 19th – Traffic Control Plans 1 General Details 3 Estimated Sheet Count 19 a. CIPP Design: The Cured-In-Place-Pipe thickness design will be based upon a 50-year design life and fully deteriorated pipe condition. The structural pipe design calculations may also need to take into account unique railroad loading conditions for the portions under the railroad. The CIPP design will identify the minimum required CIPP liner thickness to withstand the expected external loading imposed on the pipelines. Project design beyond CIPP for the railroad or MDT permitting requirements will be competed as necessary with an amendment to this scope of services. b. Lateral Restoration: The design will include provisions to address lateral connections where problems are identified with sewer lateral connections. This may include excavation to replace the connections or trenchless installation of new lateral inserts, where applicable. Treatment of laterals will depend on the condition identified in the sewer videos, the implications of not resolving any issues, and the location of the lateral with respect to the corresponding ground surface improvements. c. Preliminary Specifications and Draft Special Provisions: Preliminary specifications will be based upon the Montana Public Works Standard Specifications, Sixth Edition (April 2010) and the City of Bozeman Modifications to Montana Public Works Standard Specifications, Sixth Edition, March 21, 2011, and Addenda No. 1 through No. 3. 91 Exhibit A - Professional Services Agreement Page 6 of 10 July 2019 1) Project specific conditions and construction constraints will be outlined in a separate Summary of Work to detail the work description, identify work sequence restrictions, describe property access allowances and highlight specific permit requirements. 2) Additionally, DOWL will provide an itemized bid schedule and technical CIPP specifications. 2. Provide necessary field surveys and topographic and utility mapping for design purposes. Utility mapping will be based upon information obtained from utility owners. a. Field survey is anticipated to include limited survey of the affected manholes to get accurate sewer section lengths along with invert measure downs to allow identification of the manhole depths on the construction drawings for contractor’s reference. b. Additional topographical survey is not anticipated unless areas of the existing sewer mains are found to need dig and repair improvement prior to the proposed CIPP installation. In this case, limited additional topographic survey may be necessary to ensure adequate information can be provided in the construction drawings for the dig, replace/repair, and restoration of specified pipeline sections. For the purpose of project budgeting, two (2) days of survey crew time is included for additional pickup survey. c. No permanent easements are anticipated for the completion of the CIPP project. No specific property or right-of-way research or survey is anticipated for procurement of temporary construction easements for bypass pipe routing. 3. Advise Owner if additional reports, data, information, or services are necessary and assist Owner in obtaining such reports, data, information, or services. 4. Based on the information contained in the Preliminary Design Phase documents, DOWL will prepare an opinion of probable Construction Cost, and assist Owner in collating the various cost categories which comprise Total Project Costs. 5. Furnish Preliminary Design Phase documents and any other deliverables to Owner within 90 calendar days of authorization to proceed with this phase and review them with Owner. Within 14 calendar days of receipt, Owner shall submit to Engineer any comments regarding the Preliminary Design Phase documents and any other deliverables. 6. Incorporate Owner’s comments to the Preliminary Design Phase documents and any other deliverables into the Final Design Phase documents. 7. Submit design report, plans and specifications to the Montana Department of Environmental Quality for review and approval to construct. We have estimated these fees based on the current fee schedule and included in the fee proposal. DOWL will pay the permit fee on behalf of the City. B. Engineer’s services under the Preliminary Design Phase will be considered complete on the date when the Preliminary Design Phase documents, opinion of probable Construction Cost, and any other deliverables have been delivered to Owner. A1.03 Final Design Phase A. After acceptance by the Owner of the Preliminary Design Phase documents, opinion of probable Construction Cost as determined in the Preliminary Design Phase, and any other deliverables 92 Exhibit A - Professional Services Agreement Page 7 of 10 July 2019 subject to any Owner-directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from Owner, Engineer shall: 1. Prepare final Construction Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 2. Advise Owner of any adjustments to the opinion of probable Construction Cost known to Engineer. 3. Prepare and furnish bidding documents for review by Owner and other advisors and assist Owner in the preparation of other related documents. Within 14 days of receipt, Owner shall submit to Engineer any comments and instructions for revisions. 4. Revise the bidding documents in accordance with comments and instructions from the Owner, as appropriate, and submit 2 final hard copies and one (1) electronic PDF copy of the bidding documents, a revised opinion of probable Construction Cost, and any other deliverables to Owner within 14 calendar days after receipt of Owner’s comments and instructions. B. Engineer’s services under the Final Design Phase will be considered complete when the submittals required for project bidding have been delivered to Owner. C. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer’s compensation has been established under this Agreement is one (1). If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Agreement. A1.04 Bidding or Negotiating Phase – Not included. A1.05 Construction Phase (not included) PART 2 – ADDITIONAL SERVICES A2.01 Additional Services Requiring Owner’s Written Authorization A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services of the types listed below. 1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 3. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer or its design requirements including, but not limited to, changes in size, complexity, Owner’s schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws 93 Exhibit A - Professional Services Agreement Page 8 of 10 July 2019 and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer’s control. 4. Services resulting from Owner’s request to evaluate additional Study and Report Phase alternative solutions beyond those identified in Part 1, Basic Services, if any. 5. Services required as a result of Owner’s providing incomplete or incorrect Project information to Engineer. 6. Providing renderings or models for Owner’s use. 7. Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; the preparation of financial feasibility and cash flow studies, rate schedules, and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing, and assisting Owner in obtaining process licensing; detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with construction performed by Owner. 8. Furnishing services of Consultants for other than Basic Services. 9. Services attributable to more prime construction contracts than specified in Part 1, Basic Services, if any. 10. If not required as part of Basic Services defined in Part 1 above, preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes. 11. If not required as part of Basic Services defined in Part 1 above, preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by Owner for the Work or a portion thereof. 12. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services. 13. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Part 1, Basic Services, including any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 14. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor. 15. Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance with current Laws and Regulations. 16. If not required as part of Basic Services defined in Part 1 above, preparation of operation and maintenance manuals. 17. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, or other dispute resolution process related to the Project. 94 Exhibit A - Professional Services Agreement Page 9 of 10 July 2019 18. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner other than those required under Part 1, Basic Services. 19. If not required as part of Basic Services defined in Part 1 above, assistance in connection with the adjusting of Project equipment and systems. 20. If not required as part of Basic Services defined in Part 1 above, assistance to Owner in training Owner’s staff to operate and maintain Project equipment and systems. 21. If not required as part of Basic Services defined in Part 1 above, assistance to Owner in developing procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related record-keeping. 22. If not required as part of Basic Services defined in Part 1 above, overtime work requiring higher than regular rates. 25. Other services performed or furnished by Engineer not otherwise provided for in this Agreement. PART 3 – INSURANCE REQUIREMENTS (see contract) PART 4 - COMPENSATION A4.01 Basic Services – Lump Sum Article I of the Agreement is supplemented to include the following agreement of the parties: A. Owner shall pay Engineer for Basic Services set forth in this Exhibit A, as follows: 1. A Lump Sum amount of $136,656.00 based on the following estimated distribution of compensation: a. Pre-Design, Permitting Phase $76,294.00 b. Preliminary Design Phase $46,150.00 c. Final Design Phase $14,212.00 2. Engineer may alter the distribution of compensation between individual phases noted herein to be consistent with services actually rendered but shall not exceed the total amount unless approved in writing by the Owner. 3. The Lump Sum includes compensation for Engineer’s services and services of Engineer’s Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses. 4. The portion of the Lump Sum amount billed for Engineer’s services will be based upon Engineer’s estimate of the percentage of the total services actually completed during the billing period. 95 Exhibit A - Professional Services Agreement Page 10 of 10 July 2019 B. Period of Service: The compensation amount stipulated above is conditioned on a period of service not exceeding 24 months. If such period of service is extended, the compensation amount for Engineer's services shall be appropriately adjusted. 96 Prepared By: K. Johnson Reviewed By: Summary P. Yakawich 1 Project Management 27 4,896.00$-$4,896.00$ 2 --$-$-$ 3 Sewer Video Review - CIPP Eligibility 20 2,440.00$-$2,440.00$ 4 Base Mapping - Aerials/Topo's 36 4,200.00$-$4,200.00$ 5 --$-$-$ 6 MRL Application Materials; Exhibits 48 5,600.00$-$5,600.00$ 7 MRL Meetings and Correspondence 32 4,160.00$33.00$4,193.00$ 8 Temp Sewer Bypass Plans - I15/MRL/Rouse 40 4,880.00$-$4,880.00$ 9 Temp Sewer Bypass Plans - S. 19th 36 4,520.00$-$4,520.00$ 10 MDT Application Materials - UPASS; S. 19th, Rouse 44 5,560.00$-$5,560.00$ 11 MDT Meetings and Correspondence 8 1,200.00$33.00$1,233.00$ 12 Traffic Control Plans; Rouse, S. 19th 32 3,400.00$-$3,400.00$ 13 Temp. Constr. Easement (TCE) - (Walmart)28 3,780.00$11.00$3,791.00$ 14 TCE - (Westlake)28 3,780.00$38.50$3,818.50$ 15 TCE - (MSU/FGH)28 3,780.00$38.50$3,818.50$ 16 TCE - (Cannery Dist)28 3,780.00$38.50$3,818.50$ 17 Temporary Access Agreement (Lehrkinds)6 890.00$60.50$950.50$ 18 Temporary Access Agreement (Whitefish LP II)6 890.00$-$890.00$ 19 Sewer Flow Monitoring - Assistance 12 1,560.00$605.00$2,165.00$ 20 ARPA Application Materials & Coordination 28 3,680.00$-$3,680.00$ 21 MEPA Checklist, Document and Exhibits 44 5,240.00$-$5,240.00$ 22 Quality Control 40 7,200.00$-$7,200.00$ 23 --$-$-$ 571 75,436.00$858.00$76,294.00$ 1 Project Management 15 2,646.00$-$2,646.00$ 2 --$-$-$ 3 Survey - Manholes & Measure Downs 34 6,340.00$1,551.00$7,891.00$ 4 Survey - Topo Pickup 26 4,540.00$1,023.00$5,563.00$ 5 --$-$-$ 6 Prelim Plan Sheets - Gen, Details 32 3,680.00$-$3,680.00$ 7 Prelim Plan Sheets - Evergreen 60 6,360.00$-$6,360.00$ 8 Prelim Plan Sheets - S. 19th 60 6,360.00$-$6,360.00$ 9 --$-$-$ 10 Prelim Specifications 26 3,480.00$-$3,480.00$ 11 Prelim. EOPC 10 1,400.00$-$1,400.00$ 12 --$-$-$ 13 DEQ Submittal & Correspondence 22 2,800.00$1,650.00$4,450.00$ TotalsExpenses CostsHours Subtotal TaskPhase Name Pre-Design Preliminary Design Project: Bozeman 2022 CIPP Projects Client: City of Bozeman Project #: 4528.12477.01 1/11/2022 Labor Subtotal T&M Lump Sum Other ______________________ \\dowl.com\j\Projects\28\12477-00\Scoping\2022 Sewer Lining Fee Proposal_V2.xlsx Summary 97 Prepared By: K. Johnson Reviewed By: Summary P. Yakawich TotalsExpenses CostsHours TaskPhase Name Project: Bozeman 2022 CIPP Projects Client: City of Bozeman Project #: 4528.12477.01 1/11/2022 Labor Subtotal 14 --$-$-$ 15 Quality Control 24 4,320.00$-$4,320.00$ 16 --$-$-$ 309 41,926.00$4,224.00$46,150.00$ 1 Project Management 5 972.00$-$972.00$ 2 --$-$-$ 3 Final Drawings 58 6,040.00$-$6,040.00$ 4 Final Specifications 26 3,480.00$-$3,480.00$ 5 10 1,400.00$-$1,400.00$ 6 Final EOPC 6 880.00$-$880.00$ 7 Quality Control 8 1,440.00$-$1,440.00$ 8 --$-$-$ 113 14,212.00$-$14,212.00$ 1 Project Management --$-$-$ 2 --$-$-$ 3 --$-$-$ 4 Plans Exchange Set Up (QuestCDN)--$-$-$ 5 Prebid Meeting --$-$-$ 6 Bidding, Questions, Addenda --$-$-$ 7 Bid Opening --$-$-$ 8 Bid Reviews, Rec. for Award --$-$-$ 9 Rvw. Bonds, Insurance, Contracts --$-$-$ 10 --$-$-$ 11 --$-$-$ --$-$-$ 993 131,574.00$5,082.00$136,656.00$ Subtotal Subtotal TOTAL Bidding Subtotal Final Design T&M Lump Sum Other _________________________ T&M Lump Sum Other ________________________ T&M Lump Sum Other ________________________ \\dowl.com\j\Projects\28\12477-00\Scoping\2022 Sewer Lining Fee Proposal_V2.xlsx Summary 98 Labor KRJ/DOF/PS PY DW BB LB $ 180/hour $ 170/hour $ 130/hour $ 90/hour $ 190/hour $ 115/hour $ 160/hour $ 120/hour 1 Project Management 27 27 4,896.00$ 2 --$ 3 Sewer Video Review - CIPP Eligibility 4 16 20 2,440.00$ 4 Base Mapping - Aerials/Topo's 12 24 36 4,200.00$ 5 ---$ 6 MRL Application Materials; Exhibits 32 16 48 5,600.00$ 7 MRL Meetings and Correspondence 32 32 4,160.00$ 8 Temp Sewer Bypass Plans - I15/MRL/Rouse 8 16 16 40 4,880.00$ 9 Temp Sewer Bypass Plans - S. 19th 8 16 12 36 4,520.00$ 10 MDT Application Materials - UPASS; S. 19th, Rouse 40 4 44 5,560.00$ 11 MDT Meetings and Correspondence 4 4 8 1,200.00$ 12 Traffic Control Plans; Rouse, S. 19th 4 16 12 32 3,400.00$ 13 Temp. Constr. Easement (TCE) - (Walmart)2 16 10 28 3,780.00$ 14 TCE - (Westlake)2 16 10 28 3,780.00$ 15 TCE - (MSU/FGH)2 16 10 28 3,780.00$ 16 TCE - (Cannery Dist)2 16 10 28 3,780.00$ 17 Temporary Access Agreement (Lehrkinds)2 2 2 6 890.00$ 18 Temporary Access Agreement (Whitefish LP II)2 2 2 6 890.00$ 19 Sewer Flow Monitoring - Assistance 12 12 1,560.00$ 20 ARPA Application Materials & Coordination 4 20 4 28 3,680.00$ 21 MEPA Checklist, Document and Exhibits 32 12 44 5,240.00$ 22 Quality Control 40 40 7,200.00$ 23 ---$ 71 44 212 104 -68 44 28 571 75,436.00$ 1 Project Management 15 15 2,646.00$ 2 ---$ 3 Survey - Manholes & Measure Downs 2 32 34 6,340.00$ 4 Survey - Topo Pickup 2 20 4 26 4,540.00$ 5 ---$ 6 Prelim Plan Sheets - Gen, Details 4 12 16 32 3,680.00$ 7 Prelim Plan Sheets - Evergreen 4 16 40 60 6,360.00$ 8 Prelim Plan Sheets - S. 19th 4 16 40 60 6,360.00$ 9 ---$ 10 Prelim Specifications 2 24 26 3,480.00$ 11 Prelim. EOPC 2 8 10 1,400.00$ 12 ---$ 13 DEQ Submittal & Correspondence 2 16 4 22 2,800.00$ Prepared By: K. Johnson Reviewed By: P. Yakawich Bozeman 2022 CIPP Projects Client: City of Bozeman Project #: 4528.12477.01 1/11/2022 Phase Name Pre-Design Preliminary Design Subtotal Engineer V CostHours Labor SubtotalEngineer VI Task Engr IIROW Agent Sr.Engineer III Tech II (Drafting) Survey Crew ROW Agent II \\dowl.com\j\Projects\28\12477-00\Scoping\2022 Sewer Lining Fee Proposal_V2.xlsx Labor 99 Labor KRJ/DOF/PS PY DW BB LB $ 180/hour $ 170/hour $ 130/hour $ 90/hour $ 190/hour $ 115/hour $ 160/hour $ 120/hour Prepared By: K. Johnson Reviewed By: P. Yakawich Bozeman 2022 CIPP Projects Client: City of Bozeman Project #: 4528.12477.01 1/11/2022 Phase Name Engineer V CostHours Labor SubtotalEngineer VI Task Engr IIROW Agent Sr.Engineer III Tech II (Drafting) Survey Crew ROW Agent II 14 ---$ 15 Quality Control 24 24 4,320.00$ 16 ---$ 45 12 96 100 52 -4 309 41,926.00$ 1 Project Management 5 5 972.00$ 2 ---$ 3 Final Drawings 2 16 40 58 6,040.00$ 4 Final Specifications 2 24 26 3,480.00$ 5 Final Bid Documents 2 8 10 1,400.00$ 6 Final EOPC 2 4 6 880.00$ 7 Quality Control 8 8 1,440.00$ 8 ---$ 19 ---$ 20 ---$ 21 -52 40 ---113 14,212.00$ 1 Project Management --$ 2 ---$ 3 ---$ 4 Plans Exchange Set Up (QuestCDN)--$ 5 Prebid Meeting --$ 6 Bidding, Questions, Addenda --$ 7 Bid Opening --$ 8 Bid Reviews, Rec. for Award --$ 9 Rvw. Bonds, Insurance, Contracts --$ 10 ---$ ---------$ 137 56 360 244 52 68 44 32 993 24,714.00$9,520.00$46,800.00$21,960.00$9,880.00$7,820.00$7,040.00$3,840.00$131,574.00$ Final Design Bidding Subtotal Subtotal Subtotal LABOR COST TOTAL LABOR HOUR TOTAL \\dowl.com\j\Projects\28\12477-00\Scoping\2022 Sewer Lining Fee Proposal_V2.xlsx Labor100 Bozeman 2022 CIPP Projects Client: City of Bozeman Project #: 4528.12477.01 Expenses 1/11/2022 Autos Total $55/day $130/night $ 1.50 Cost *Other Expenses Description 1 Project Management -$-$-$-$-$0%-$ 2 - 3 Sewer Video Review - CIPP Eligibility -$-$-$-$-$0%-$ 4 Base Mapping - Aerials/Topo's 5 --$-$-$-$-$0%-$ 6 MRL Application Materials; Exhibits -$-$-$-$-$0%-$ 7 MRL Meetings and Correspondence -$-$20 30.00$30.00$30.00$10%33.00$ 8 Temp Sewer Bypass Plans - I15/MRL/Rouse -$-$-$-$-$10%-$ 9 Temp Sewer Bypass Plans - S. 19th -$-$-$-$-$10%-$ 10 MDT Application Materials - UPASS; S. 19th, Rouse -$-$-$-$-$10%-$ 11 MDT Meetings and Correspondence -$-$20 30.00$30.00$30.00$10%33.00$ 12 Traffic Control Plans; Rouse, S. 19th -$-$-$-$-$10%-$ 13 Temp. Constr. Easement (TCE) - (Walmart)-$-$20 16.00$10.00$10.00$10%11.00$ 14 TCE - (Westlake)-$-$20 16.00$10.00$25.00$35.00$10%38.50$ 15 TCE - (MSU/FGH)-$-$20 16.00$10.00$25.00$35.00$10%38.50$ 16 TCE - (Cannery Dist)-$-$20 16.00$10.00$25.00$35.00$10%38.50$ 17 Temporary Access Agreement (Lehrkinds)-$-$20 30.00$30.00$25.00$55.00$10%60.50$ 18 Temporary Access Agreement (Whitefish LP II)-$-$-$-$-$10%-$ 19 Sewer Flow Monitoring - Assistance -$-$200 300.00$300.00$250.00$550.00$10%605.00$ 20 ARPA Application Materials & Coordination -$-$-$-$-$0%-$ 21 MEPA Checklist, Document and Exhibits -$-$-$-$-$0%-$ 22 Quality Control -$-$-$-$-$0%-$ 23 --$-$-$-$-$0%-$ --$--$340 454.00$454.00$350.00$-$804.00$858.00$ 1 Project Management -$-$-$-$-$0%-$ 2 --$-$-$-$-$0%-$ 3 Survey - Manholes & Measure Downs 8 440.00$4 520.00$300 450.00$1,410.00$1,410.00$10%####### 4 Survey - Topo Pickup 4 220.00$2 260.00$300 450.00$930.00$930.00$10%####### 5 --$-$-$-$-$0%-$ 6 Prelim Plan Sheets - Gen, Details -$-$-$-$-$0%-$ 7 Prelim Plan Sheets - Evergreen -$-$-$-$-$0%-$ 8 Prelim Plan Sheets - S. 19th -$-$-$-$-$0%-$ 9 --$-$-$-$-$0%-$ 10 Prelim Specifications -$-$-$-$-$0%-$ 11 Prelim. EOPC -$-$-$-$-$0%-$ 12 --$-$-$-$-$0%-$ 13 DEQ Submittal & Correspondence -$-$-$-$1,500.00$1,500.00$10%####### 14 --$-$-$-$-$0%-$ 15 Quality Control -$-$-$-$-$0%-$ 16 --$-$-$-$-$0%-$ 12 660.00$6 780.00$600 900.00$2,340.00$-$1,500.00$3,840.00$####### 1 Project Management -$-$-$-$-$0%-$ 2 --$-$-$-$-$0%-$ 3 Final Drawings -$-$-$-$-$0%-$ 4 Final Specifications -$-$-$-$-$0%-$ 5 --$-$-$-$-$0%-$ 6 Final EOPC -$-$-$-$-$0%-$ 7 Quality Control -$-$-$-$-$0%-$ 8 --$-$-$-$-$0%-$ Prepared By: Total w/ Mark Up % Mark Up P. Yakawich Reviewed By: K. Johnson Phase Name Pre-Design Preliminary Design Final Design Subtotal Subtotal Task Per Diem (State) Travel, Mileage, & Misc. Subtotal Lodging Direct Expenses SubtotalCost Supplies *Other Expenses Travel, Mileage, & Misc. Subtotal \\dowl.com\j\Projects\28\12477-00\Scoping\2022 Sewer Lining Fee Proposal_V2.xlsx Expenses101 Bozeman 2022 CIPP Projects Client: City of Bozeman Project #: 4528.12477.01 Expenses 1/11/2022 Autos Total $55/day $130/night $ 1.50 Cost *Other Expenses Description Prepared By: Total w/ Mark Up % Mark Up P. Yakawich Reviewed By: K. Johnson Phase Name Task Per Diem (State) Travel, Mileage, & Misc. Subtotal Lodging Direct Expenses SubtotalCost Supplies *Other Expenses Travel, Mileage, & Misc. Subtotal --$--$--$-$-$-$-$-$ 1 Project Management -$-$-$-$-$0%-$ 2 --$-$-$-$-$0%-$ 3 --$-$-$-$-$0%-$ 4 Plans Exchange Set Up (QuestCDN)-$-$-$-$-$0%-$ 5 Prebid Meeting -$-$-$-$-$0%-$ 6 Bidding, Questions, Addenda -$-$-$-$-$0%-$ 7 Bid Opening -$-$-$-$-$0%-$ 8 Bid Reviews, Rec. for Award -$-$-$-$-$0%-$ 9 Rvw. Bonds, Insurance, Contracts -$-$-$-$-$0%-$ 10 --$-$-$-$-$0%-$ --$--$--$-$-$-$-$-$ 12 660.00$6 780.00$940 1,354.00$2,794.00$350.00$1,500.00$4,644.00$#######EXPENSES TOTAL Bidding Subtotal Subtotal \\dowl.com\j\Projects\28\12477-00\Scoping\2022 Sewer Lining Fee Proposal_V2.xlsx Expenses102 Memorandum REPORT TO:City Commission FROM:Lance Lehigh, PE, Interim City Engineer Jeff Mihelich, City Manager SUBJECT:Authorize the City Manager to Sign a Public Street and Utility Easement, Sewer and Water Pipeline and Access Easement and Agreement with Canyon Gate Investors, LLC for The Canyon Gate Annex (21337) MEETING DATE:February 1, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Public Street and Utility Easement, Sewer and Water Pipeline and Access Easement and Agreement with Canyon Gate Investors, LLC for The Canyon Gate Annex (21337). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached are copies (original to City Clerk) of the partially executed agreements. Engineering staff reviewed the documents and found them to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Public Street and Utility Easement Sewer and Water Pipeline and Access Easement and Agreement Report compiled on: January 18, 2022 103 104 105 106 107 108 109 110 111 112 113 Memorandum REPORT TO:City Commission FROM:Cody Flammond, PE, Engineer II Lance Lehigh, Interim City Engineer Jeff Mihelich, City Manager SUBJECT:Authorize the City Manager to Sign a Task Order Revision 1 for Fiscal Year 2022 Remediation Systems Oversight, Bozeman Landfill with Tetra Tech MEETING DATE:February 1, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to execute the attached Task Order Revision for Fiscal Year 2022 Remediation Systems Oversight, Bozeman Landfill with Tetra Tech. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The purpose of this task order is to allow Tetra Tech to perform design and oversight of new soil vapor extraction wells at the Bozeman Landfill. This task order will be implemented under the previously professional services agreement referenced. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The cost of this work will be $24,780.00. This work will be paid for with solid waste funds dedicated to this purpose. Attachments: Revision 1 to Task Order 2021 - 2022 Remediation Systems Operation and Maintenance, Bozeman Landfill Report compiled on: January 19, 2022 114 115 116 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Lance Lehigh, Interim City Engineer Jeff Mihelich, City Manager SUBJECT:Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with Bozeman Industrial Park Owners' Association for the Griffin Drive and Manley Road Street and Stormwater Improvements Project MEETING DATE:February 1, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign Temporary Construction Permits and Right-of-Way documents with Bozeman Industrial Park Owners' Association for the Griffin Drive and Manley Road Street and Stormwater Improvements Project. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The Griffin Drive and Manley Road Street and Stormwater Improvement project generally consists of construction of a new three-lane roadway on Griffin Drive from Maus Lane to Rouse Avenue with curb and gutter, separated multi-use pathways on both sides, a traffic signal at Manley Road, lighting and utility improvements. The project also includes construction of approximately 200 feet of Manley Road from Griffin Drive to the south end of the Manley Road reconstruction project, which was completed in 2020. In order to construct these improvements it is necessary to acquire the right of way described herein. The attached documents have been executed by the property owners, and are necessary for the completion of the project. The valuations used for these acquisitions were established through the work of Sanderson Stewart. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:The total cost of $500.00 for the Temporary Construction Easement are available through SIF001 - Right of Way Acquisition. 117 Attachments: 20220113_Bozeman Industrial Park Owners_ROW Agreements for City Signature.pdf Report compiled on: January 19, 2022 118 119 120 121 122 123 124 125 126 127 Memorandum REPORT TO:City Commission FROM:Lance Lehigh, PE, Interim City Engineer Jeff Mihelich, City Manager SUBJECT:Authorize the City Manager to Sign a Second Addendum to the Professional Services Agreement for Engineering Development Services with TD&H Engineering MEETING DATE:February 1, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the Second Addendum to the Professional Services Agreement for Engineering Development Services with TD&H Engineering. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City is experiencing a tremendous amount of growth and development. During certain times, City staff require a qualified consultant to assist with engineering development review (i.e. infrastructure, occupancy, permitting, site plan, etc.) Per MCA 18-8-201 et seq, Staff conducted a Request for Qualifications process to select a consultant capable of completing this work. Five consultants submitted proposals, which four staff members reviewed and ranked. Staff determined TD&H engineering to be the most qualified consultant. The agreement is effective for two years after the date of execution with the option to extend the agreement an additional year upon mutual agreement. In no case, however, may this agreement run longer than three (3) years from its effective date. Staff plans to utilize TD&H engineering on an on-call basis as deemed appropriate in order to continue to satisfy deadlines, maintain our current level of service, and address unforeseen support needs that arise. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Development support services will be paid on a time-and-materials basis, and will be funded through the FY22 engineering department operating 128 budget for consultant support needs. Attachments: Second Addendum to Professional Services Agreement Attachment A Scope of Services and Rate Schedule for 2022 Professional Service Agreement dated 01-27-2020 Report compiled on: January 20, 2022 129 Second Addendum to Professional Services Agreement for Engineering Development Services Page 1 of 2 SECOND ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT is made and entered into this _____ day of ____________, 2022, 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,” TD&H Engineering, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Extension of Term. Section 30 of the Professional Services Agreement between the City and Contractor dated January 27, 2020 (the Agreement) is extended for an additional one (one) year period. The Agreement shall terminate on January 27, 2023. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. Updated - Attachment A Scope of services. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA CONTRACTOR (TD&H Engineering) By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Kyle Scarr Title: Vice President 130 Second Addendum to Professional Services Agreement for Engineering Development Services Page 2 of 2 APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 131 Attachment A Scope of Services for City of Bozeman Engineering Development Review Term Contract The services to be provided include: The services to be provided include: 1. Engineering development reviews for site plans, subdivisions, and other various private development applications received by the Department of Community Development or Engineering Department. These items may include: a) Water/Sewer layout, design, and metering b) Potential conflicts with private and public utilities c) Stormwater design review d) Street layout and design e) Transportation facilities review f) Building permit review g) Occupancy Review h) Conformance with Bozeman Municipal Code and Montana Code provisions for subdivisions 2. Review of engineering design reports, specifications, and drawings. 3. Engineering Department permit reviews. 4. Provide review comments in a comprehensive technical memorandum that can be conveyed to the applicant within a mutually agreed upon timeframe. 5. All consultation services will be coordinated through the representatives outlined within the contract or their designees. Payment: 1. Fee compensation the contractor for all work directly related to the services outlined within this scope of services shall be reimbursed on a Time & Material Basis, as detailed in the attached TD&H Engineering 2019 Rate Schedule. 2. In the event additional services are required beyond what has been outlined in this scope of services, the costs and details of services provided will be negotiated at that time. The additional services may include, but not limited to, attendance to public meetings, formal written reports beyond the standard development review requirements, or GIS/mapping services. 2022 228 132 234 East Babcock Street, Suite 3 • Bozeman, MT 59715 • (406) 586-0277 2022 BOZEMAN RATE SCHEDULE FEE COMPENSATION TD&H Engineering’s hourly billing rates for 2022 are provided in the adjacent table. We invoice for services rendered to a project to the nearest half hour. We will invoice all direct project costs at their actual cost plus 10%. Examples of these costs include airfare, ground transportation, lodging, meals, shipping and express mail, outside reproduction services, and other direct costs required for the project. Outside contract services including subconsultants, subcontractors, and drilling services will be invoiced at cost plus 10% to cover additional insurance and administrative fees. NOTES: 1)Construction Materials Testing per Separate Fee Schedule. 2)Overtime work (above 40 hours per week, or weekends) increase hourly rates by 25%, or per quotation. 3)Annual rate adjustments occur in January of each year. Increases typically range from 3% to 4%, DESCRIPTION HOURLY RATE AA/EA Admin./Eng. Assistant $67.00 AM Administrative Manager $101.00 GA Grant Administrator $91.00 LS1 Surveyor’s Assistant $75.00 LS2 Surveyor $85.00 LS3 Survey Party Chief $105.00 LS4 Project Surveyor $118.00 LS5 Registered Land Surveyor $145.00 IH1 Industrial Hygiene Technician I $80.00 IH2 Industrial Hygiene Technician II $103.00 ENVS Environmental Scientist $113.00 LT1 Lab Technician I $70.00 LT2 Lab Technician II $80.00 CR1 Construction Representative I $96.00 CR2 Construction Representative II $115.00 CM Construction Manager $115.00 RPR3 Resident Project Representative III $115.00 RPRSR Resident Project Representative Sr. $162.00 LA Landscape Architect $121.00 LP Land Planner $152.00 CLS CMT Lab Supervisor $116.00 CD1 CAD Designer I $80.00 GC CAD/GIS Specialist $98.00 CD2 CAD Designer II $110.00 CD3 CAD Manager $116.00 ET Engineering Technician $110.00 E1 Engineer I $105.00 E2 Engineer II $112.00 E3 Engineer III $130.00 E4 Engineer IV $148.00 E5 Engineer V $169.00 E6 Engineer VI $184.00 P Principal $222.00 DCT Deposition & Court Testimony $367.00 DIRECT REIMBURSABLES Vehicle Use: Passenger Vehicle Mileage $0.70/mile Survey – Global Positioning Daily Rate: $500.00 Hourly Rate: $80.00 Minimum Charge: $160.00 Survey – Total Station Daily Rate: $100.00 Hourly Rate: $20.00 Nuclear Densometer Half Day Rate: $30.00 Full Day Rate: $60.00 Survey – Robotic Total Station Hourly Rate: $30.00 Reproduction Copy Machine: $0.10/page CAD Plotter (In-house) Black and White: $0.30/SF Color: $0.90/SF Mylar: $3.00/SF Concrete Testing Compressive Strength per Cylinder: $25.00 133 Professional Services Agreement for Engineering Development Review Term Contract FY 2020 Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of January, 2020, 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, TD&H Engineering , 234 E. Babcock, Bozeman MT 59715, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree 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 date of its execution and will terminate two years after the date of execution. The agreement may be extended at the discretion per section 30 extensions. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the 218 134 Professional Services Agreement for Engineering Development Review Term Contract FY 2020 Page 2 of 10 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 said 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, 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. 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 219 135 Professional Services Agreement for Engineering Development Review Term Contract FY 2020 Page 3 of 10 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 and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; (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 willful 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 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 any indemnitee described herein 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 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 the Contractor was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. 220 136 Professional Services Agreement for Engineering Development Review Term Contract FY 2020 Page 4 of 10 Contractor 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. 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 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 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 of Bozeman, its officers, agents, and employees, 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 sixty (60) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 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. 221 137 Professional Services Agreement for Engineering Development Review Term Contract FY 2020 Page 5 of 10 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 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 222 138 Professional Services Agreement for Engineering Development Review Term Contract FY 2020 Page 6 of 10 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: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Lance Lehigh (Development Review Engineering Manager) or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to Lance Lehigh as 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 listed above and may receive approvals or authorization from such persons. 223 139 Professional Services Agreement for Engineering Development Review Term Contract FY 2020 Page 7 of 10 b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Kyle Scarr (TD&H Project Manager) 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. 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: 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. The Contractor shall require these nondiscrimination terms of its sub-Contractors 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 224 140 Professional Services Agreement for Engineering Development Review Term Contract FY 2020 Page 8 of 10 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 his 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 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 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: That in the event it becomes necessary for either Party of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all 225 141 Professional Services Agreement for Engineering Development Review Term Contract FY 2020 Page 9 of 10 appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire 226 142 Professional Services Agreement for Engineering Development Review Term Contract FY 2020 Page 10 of 10 agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than three (3) years from its effective date. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA TD&H Engineering CONTRACTOR By________________________________ By__________________________________ Dennis M. Taylor, Interim City Manager Print Name: Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney Vice President Kyle Scarr 227 143 Memorandum REPORT TO:City Commission FROM:Luke Kline, Contracts Coordinator Mitch Overton, Director of Parks and Recreation SUBJECT:Authorize the City Manager to Sign a Second Amendment to the Professional Services Agreement with Treasure State, Inc. for Services to Design and Construct the Bogert Park Court Renovation Project MEETING DATE:February 1, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign the Second Amendment to the Professional Services Agreement with Treasure State, Inc. for Services to Design and Construct the Bogert Park Court Renovation Project. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:On May 4th, 2021 the City of Bozeman initiated a Professional Services Agreement with Treasure State, Inc. for Services to Design and Construct the Bogert Park Court Renovation Project. The project includes design and construction as defined in the Professional Service Agreement attached to the Memorandum as Attachment B PSA Treasure State Inc. The project has reached the final phase of construction that will include application of an athletic court surfacing product. The application requires a specific range of sustained outdoor temperature to install and cure correctly. It has been determined that those temperatures are most attainable during the 2022 summer season. A second amendment to the professional service agreement with Treasures State Inc. will extend the Agreement to provide the needed environmental conditions to finish out the project. The Second Amendment will extend the Professional Service Agreement between the City and Contractor dated May 4, 2021 to June 30, 2022 as described Attachment A PSA Amendment 2 Treasure State Inc. to the memorandum. UNRESOLVED ISSUES:None. ALTERNATIVES:As Suggested by the Commission. FISCAL EFFECTS:This project is being completed with funding approved in 2021 including contributions raised by pickleball community, Capital Improvements Project Maintenance fund, a Matching contribution allocated from the cash-in-lieu 144 of parkland fund and the Parks and Trails District Maintenance Fund account. No additional fund are being requested. Attachments: Attachment A PSA Amendment 2 Treasure State Inc..pdf Attachment B PSA Treasure State Inc..pdf Report compiled on: January 20, 2022 145 Second Amendment to Professional Services Agreement for Bogert Park Court Renovation Project FY 2021 – FY 2022 Page 1 of 2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Bogert Park Court Renovation Project dated May 4, 2021 (the “Agreement”) is made and entered into this _____ day of ____________, 2022, 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 Treasure State Inc., PO Box 588, Belgrade, MT 59714, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Term/Effective Date: The professional Service Agreement between the City and Contractor dated May 4, 2021 (the Agreement) is extended to June 30, 2022. The Agreement shall terminate on June 30, 2022. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 146 Second Amendment to Professional Services Agreement for Bogert Park Court Renovation Project FY 2021 – FY 2022 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA TREASURE STATE INC. By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 Memorandum REPORT TO:City Commission FROM:Mike Veselik, Parking Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with SKIDATA for the Installation of New Gates in the Bridger Park Parking Garage MEETING DATE:February 1, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with SKIDATA for the Installation of New Gates in the Bridger Park Parking Garage STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:In October 2021, the parking gate which separates the basement of the garage from the main floors failed. Staff attempted contacting several vendors and SKIDATA was the only company to respond with a timeline that met the City's needs and capacity to take on a new project at this time. SKIDATA will ship the gate to Bozeman and send a technician to install the gate and train city staff on basic maintenance of the gate. UNRESOLVED ISSUES:No Unresolved issues identified ALTERNATIVES:As proposed by the Commission FISCAL EFFECTS:The project will cost $23,176 for the equipment, labor, and travel. It is included in the Commission approved budget as part of routine maintenance. Attachments: PSA for new Garage Gate Skidata Jan 25, 2022.docx Exhibit A-SKIDATA_Proposal_For_Bridger Garage Replacement Gates.pdf Report compiled on: January 11, 2022 164 Version 8 30 21 Professional Services Agreement for New Gate Installation in Bridger Park Garage 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, SKIDATA, 16600 Sherman Way, Suite 150, Van Nuys, CA 91406, 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 31st day of December, 2022, with the option to extend on an annual basis for up to five years, 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 specifiedin the Scope of Services (Exhibit A). 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, 165 Version 8 30 21 Professional Services Agreement for New Gate Installation in Bridger Park Garage Page 2 of 11 Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b.Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. 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 166 Version 8 30 21 Professional Services Agreement for New Gate Installation in Bridger Park Garage Page 3 of 11 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 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 167 Version 8 30 21 Professional Services Agreement for New Gate Installation in Bridger Park Garage Page 4 of 11 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 the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements 168 Version 8 30 21 Professional Services Agreement for New Gate Installation in Bridger Park Garage Page 5 of 11 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. 169 Version 8 30 21 Professional Services Agreement for New Gate Installation in Bridger Park Garage Page 6 of 11 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 Mike Veselik, Economic Development Program Manager, Parking or 170 Version 8 30 21 Professional Services Agreement for New Gate Installation in Bridger Park Garage Page 7 of 11 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 Ron Machon, Area Sales Manager, 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. 171 Version 8 30 21 Professional Services Agreement for New Gate Installation in Bridger Park Garage Page 8 of 11 14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by anyemployee 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 172 Version 8 30 21 Professional Services Agreement for New Gate Installation in Bridger Park Garage Page 9 of 11 subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 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 173 Version 8 30 21 Professional Services Agreement for New Gate Installation in Bridger Park Garage Page 10 of 11 competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof 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 174 Version 8 30 21 Professional Services Agreement for New Gate Installation in Bridger Park Garage Page 11 of 11 of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than five years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA SKIDATA By________________________________By__________________________________ Jeff Mihelich, City Manager Darrell Smithson, NAM President APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 175 Commercial in Confidence SKIDATA INC – 01/05/2022 Page 1 of 5 PROJECT INFORMATION PROJECT NAME: BRIDGER GARAGE - REPLACEMENT GATES SKIDATA CONTACT: RONALD MACHON ACCOUNT NAME: BRIDGER GARAGE PHONE NUMBER: 425-864-7317 PROPOSAL #: 273638 E-MAIL ADDRESS: RONALD.MACHON@SKIDATA.COM SKIDATA PROPOSAL ISSUE DATE: 01/05/2022 VALID UNTIL: 02/04/2022 176 Commercial in Confidence SKIDATA INC – 01/05/2022 Page 2 of 5 PROJECT LOCATION BILL TO INFORMATION BRIDGER GARAGE 26 E MENDENHALL ST BOZEMAN, MT 59715 BRIDGER GARAGE 26 E MENDENHALL ST BOZEMAN, MT 59715 SOLUTION SUMMARY SKIDATA TO REPLACE (2) TWO EXISTING BARRIER 98 WITH BARRIER.GATE. NEW GATES WILL REQUIRE A MOUNTING PLATE ALONG WITH DISCONNECTING POWER & LOW VOLTAGE. TRAINING ON FIRST LEVEL MAINTENANCE WILL BE PROVIDED ONCE INSTALLATION IS COMPLETE. TRAINING WILL CONSIST BUT NOT LIMITED TO, SIMPLE TROUBLE SHOOTING, POWER CYCLE, GATE ARM REPLACEMENT, BEST PRACTICES, ETC. FINANCIAL SUMMARY EQUIPMENT: $ 13,025 EQUIPMENT WARRANTY TERM: 12 MONTHS SOFTWARE: $ 0 SERVICE OPTIONS FIRST YEAR LABOR: $ 1,575 SCHEDULED SERVICING AVAILABLE FREIGHT: $ 476 EXTENDED WARRANTY AVAILABLE ESTIMATED SALES TAX: $ 0 PCI - SECURITY SUPPORT AVAILABLE ESTIMATED LABOR TAX: $ 0 UPTIME GUARANTEE AVAILABLE ESTIMATED FREIGHT TAX: $ 0 ANNUAL LICENSING FEES INCLUDED: $ 0 SUB-CONTRACTED TOTAL: $ 0 WAGE OR INSURANCE PREMIUMS: $ 0 PROJECT SERVICES: $ 8,100 TOTAL SYSTEM INVESTMENT: $ 23,176 PROJECT DATES YOUR DESIRED GO-LIVE *02/05/2022 PAYMENT SCHEDULES OF VALUES # PAYMENT DESCRIPTION % $ AMOUNT 1 DEPOSIT CHECK - RETURN WITH SIGNED AGREEMENT TO ACTIVATE THE PROJECT 50% $ 11,588 2 ARRIVAL - EQUIPMENT AND SOFTWARE INVOICED ONCE RECEIVED AT SKIDATA 30% $ 6,953 3 SUBSTANTIAL COMPLETION - UPON GO-LIVE, AN INVOICE WILL BE ISSUED 15% $ 3,476 4 FINAL RETENTION - AT PROJECT CLOSE-OUT, A FINAL INVOICE WILL BE ISSUED 5% $ 1,159 177 Commercial in Confidence SKIDATA INC – 01/05/2022 Page 3 of 5 PROPOSAL STATEMENT OF WORK • (2) BARRIER,GATE o STRAIGHT ARM o RETROFIT BASE • (4) STRAIGHT ARMS o 2 SPARE • (20) SHER BOLTS • (1) BARRIER TOOL KIT • (1) LOT TRAVEL SKIDATA GATES # BUNDLE NAME UNIT PRICE QTY EXTENDED PRICE 1 ENTRY BARRIER.GATE - ECO HIGH QUALITY BARRIER.GATE DEVICE FOR THE US- AND CANADIAN MARKET WITH NRTL/UL CERTIFICATION. INCLUDES LIGHT STRIPE AND WARNING LIGHT $5,297.56 2 $ 10,595 BARRIER GATE KITS # BUNDLE NAME UNIT PRICE QTY EXTENDED PRICE 2 BARRIER.GATE - BOOM 10FT 3 M (9.84FT) YELLOW BARRIER ARM, NOT ILLUMINATED, MADE FROM FIBERGLASS REINFORCED PLASTIC $ 400.00 4 $ 1,600 3 MOUNTING PLATE - BARRIER.GATE MOUNTING PLATE FOR SKIDATA BARRIER.GATE $ 322.00 2 $ 644 4 BARRIER.GATE LAYING BOLT (SHEAR) SHEAR BOLTS FOR SKIDATA BARRIER GATE $ 6.00 20 $ 120 ACCESSORIES / OTHER # BUNDLE NAME UNIT PRICE QTY EXTENDED PRICE 5 SKIDATA BARRIER TOOL KIT $ 65.00 1 $ 65 178 Commercial in Confidence SKIDATA INC – 01/05/2022 Page 4 of 5 PROJECT SERVICES # PROJECT SERVICE NAME TOTAL PRICE 1 COMMISSIONING $ 900 2 TRAVEL + TRAINING $ 5,700 3 PROJECT MANAGEMENT $ 1,500 179 USA - Rev. 11/2021 Commercial in Confidence SKIDATA INC – 01/05/2022 Page 5 of 5 180 Memorandum REPORT TO:City Commission SUBJECT:State of the City Address MEETING DATE:February 1, 2022 AGENDA ITEM TYPE:Administration RECOMMENDATION:Mayor Andrus will provide the State of the City. 181 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Interim Community Development Director SUBJECT:South 3rd Avenue Annexation and Zone Map Amendment for the Establishment of a Zoning Designation of R-3 for a property Addressed at 2303 South 3rd Avenue and Generally Located One-quarter Mile South of the Kagy and Wilson, Application 21161 MEETING DATE:February 1, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Recommended Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21161 and move to approve the South 3rd Avenue Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Recommended Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21161 and move to approve the South 3rd Avenue Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:The applicants and property owners, CBJ, LLC, submitted application to annex a 1.17 acre parcel into the City limits and establish initial zoning of R- 3, Residential Medium Density. The property is currently zoned “Public Lands” within the county and hosts a single-household structure with associated out buildings. Nearby municipal zoning includes Residential Single-Household Low Density (R-1). The Bozeman City Commission approved a modification of the Future Land Map on December 7, 2021 to change the Future Land Use designation from Public Lands to Urban Neighborhood. Final adoption of Resolution No. 5367 occurred on January 4, 2022 as described in Application 21309. The R-3 182 (Residential Medium Density District), serves to implement the Urban Neighborhood classification. On January 3, 2022 the Community Development Board acting in their capacity as the Zoning Commission held a public hearing and after considering all information and public comment recommended approval of the zoning designation. UNRESOLVED ISSUES:There are no identified conflicts between the City and Applicant regarding the annexation or zoning at this time. ALTERNATIVES:1. Approve the application with the recommended contingencies and requested zoning; 2. Approve the application with modifications to the recommended contingencies or zoning; 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. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 21161 S 3rd ANNEX - ZMA CC SR.pdf A1_093021.pdf NARRATIVE092721.pdf ANNEX.pdf ZMA.pdf COS_3052.pdf N1_032921.pdf PUB_STR_UTIL_EAS_EX_A.pdf PLUM_SITE_092721.pdf Report compiled on: January 20, 2022 183 Page 1 of 33 21161 Staff Report for the South 3rd Avenue Annexation & ZMA Public Hearings: Community Development Board (map amendment only) January 3, 2022 City Commission (Annexation and map amendment) February 1, 2022 Project Description: Annexation of 1.17 acres and amendment of the City Zoning Map for the establishment of a zoning designation of R-3 (Residential Medium Density). Project Location: 2303 South 3rd Avenue and more accurately described as Tract 1 of Certificate of Survey 3052, located in the Northeast One-Quarter (NE ¼) of Section 24, Township Two South (T2S), Range Five East (R5E), P.M.M., Gallatin County, MT. The annexation and zone map amendment would also apply to the street adjacent to the property. Recommendation: Meets standards for approval with contingencies. Recommended Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21161 and move to approve the South 3rd Avenue Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Recommended Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21161 and move to approve the South 3rd Avenue Zone Map Amendment, with contingencies required to complete the application processing. Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21161 and move to recommend approval of the South 3rd Avenue Zone Map Amendment, with contingencies required to complete the application processing. Report: January 19, 2022 Staff Contact: Tom Rogers, Senior Planner Agenda Item Type: Action – Legislative 184 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 2 of 33 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. Unresolved Issues There are no identified conflicts between the City and Applicant regarding the annexation or zoning at this time. Project Summary The applicants and property owners, CBJ, LLC, seek to annex 1.17 acre parcel into the City limits and establish initial zoning of R-3, Residential Medium Density. The property is currently zoned “Public Lands” within the county and hosts a single-household structure with associated out buildings. Immediate vicinity municipal zoning includes Residential Single- Household Low Density (R-1) and a more diverse zoning map within one third of a mile that includes R-2, BP, B-1, R-3, and R-O. Please note that the map exhibit states R-5 is requested while the narrative and application states R-3. R-3 is the correct zoning designation. If approved, the contingencies require the map exhibit to be corrected prior to final action. The Bozeman City Commission approved a modification of the Future Land Map on December 7, 2021 to change the Future Land Use designation from Public Lands to Urban Neighborhood. Final adoption of Resolution No. 5367 is scheduled on January 4, 2022 as described in Application 21309. The R-3 (Residential Medium Density District), serves to implement the Urban Neighborhood classification. The adjacent South 3rd Avenue road rights-of-way will be annexed with this application. The following public adopted planning documents support urban development for the subject area if development is proposed on the site:  Bozeman Community Plan 2020  Gallatin County growth policy  Gallatin County/Bozeman Area Plan – County neighborhood plan  Transportation Master Plan 2017 – City transportation plan  Greater Bozeman Area Transportation Master Plan 2007 – Gallatin County Transportation Plan  Water Facility Plan 2017 – City’s plan for water system operations and expansion  Wastewater Facility Plan 2015 – City’s plan for wastewater system operations and expansion 185 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 3 of 33 Zoning Commission The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on January 3, 2022. After consideration of the application materials, Staff report, and public comment the Board voted 9:0 to recommend approval of the ZMA. In addition to the written comments four people made oral testimony during the hearing. Testimony against the zoning focused on the impacts future development may have on the character of the neighborhood, noise concerns, increased traffic, noise, and factual errors contained in the applicant submittal. Those in support addressed the need for housing in the community and argued this area is well suited for additional housing. The video recording of the public hearing is available at: https://bozeman.granicus.com/player/clip/210?view_id=1&redirect=true Public comment has been received on the application. Comments, including those received on the Growth Policy Amendment application, can be viewed at the following link. https://weblink.bozeman.net/WebLink/browse.aspx?id=258402&dbid=0&repo=BOZEMAN Alternatives 1. Approve the application with the recommended contingencies and requested zoning; 2. Approve the application with modifications to the recommended contingencies or zoning; 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. 186 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 4 of 33 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Zoning Commission ............................................................................................................ 3 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES .................................................................................................... 5 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 9 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10 SECTION 4 – ADVISORY COMMENTS ............................................................................ 11 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11 Annexation ........................................................................................................................ 11 Zone Map Amendment ..................................................................................................... 11 SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 12 SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 18 Spot Zoning Criteria ......................................................................................................... 28 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 30 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 31 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 31 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 33 FISCAL EFFECTS ................................................................................................................. 33 ATTACHMENTS ................................................................................................................... 33 187 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 5 of 33 SECTION 1 - MAP SERIES Project Vicinity Map (2021 air photo) 188 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 6 of 33 Project Vicinity Map (2021 air photo) 189 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 7 of 33 Project Vicinity Map Showing the Bozeman Community Plan 2020 Future Land Use Map – Subject property is designated as Urban Neighborhood Urban Neighborhood Community Commercial Mixed-Use Parks and Open Lands Public Institutions Community Commercial Mixed Use Parks & Open Lands 190 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 8 of 33 Project Vicinity Map Showing Near Vicinity Municipal Zoning B-2 Not annexed R-3 R-1 PL 191 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 9 of 33 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the “South 3rd Annexation”. 2. An Annexation Map, titled “South 3rd Annexation Map” with a legal description of the property and any adjoining un-annexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied as a PDF for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineer’s Office. This map must be acceptable to the Director of Public Works and City Engineer’s Office, and must be submitted with the signed Annexation Agreement. 3. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 4. The land owners and their successors must pay all fire, street, water and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 5. If they do not already exist 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) See engineering comments. The applicant may obtain a copy of the template SID waiver from the City Engineering Department. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant 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 SID waiver filed with the County Clerk and Recorder prior to annexation. 6. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 7. The applicant must properly abandon the existing on-site septic tank and leach field prior to connection to the City sanitary sewer system. The applicant must report the abandonment to the City Water and Sewer Superintendent (John Alston) for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant 192 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 10 of 33 must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. 8. The applicant must completely disconnect the on-site well from the house prior to connection to the City water system to protect the City’s system from cross contamination. The applicant must contact the City Water and Sewer Superintendent to inspect the disconnect prior to connection of water service from the house to the City water system. 9. The applicant must contact the City Engineering Department to obtain an analysis of cash- in-lieu of water rights for the proposed annexation. The determined amount must be paid prior to annexation. SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. The Ordinance for the Zone Map Amendment must not be approved until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the Annexation Agreement is not approved, the Zone Map Amendment application is null and void. 2. All documents and exhibits necessary to establish an initial municipal zoning designation must be identified as the “South 3rd Avenue Zone Map Amendment”. The map exhibit must be revised to state R-3 zoning designation. 3. The applicant must submit a zone amendment map, titled “South 3rd Avenue Zone Map Amendment”, as PDF and a digital copy of the area to be zoned, acceptable to the Director of Public Works, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. The map must contain a metes and bounds legal description of the perimeter of the subject properties, zoning district, and total acreage of the property. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. 193 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 11 of 33 SECTION 4 – ADVISORY COMMENTS 1. Future Impact Fees - Please note that future building permit applications will require payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the required impact fees according to current rates please contact the Department of Community Development and/or visit www.bozeman.net. 2. Upon future development of the parcel, the transfer of water rights or the payment of cash- in-lieu (CIL) of water rights must be provided per Bozeman Municipal Code 38.410.130. SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Annexation The Development Review Committee (DRC) considered the annexation. The DRC did not make a formal recommendation and did not express concerns with annexation of the property. The City Commission will hold a public meeting on the annexation on February 1, 2022. The meeting will begin at 6 p.m. The meeting will conducted through WebEx. Instructions on joining the meeting will be included on the meeting agenda. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff finds the application meets criteria for approval as submitted. The South 3rd Avenue Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 21161. The Development Review Committee (DRC) considered the amendment. The DRC identified did not identify any infrastructure or regulatory constraints that would impede the approval of the Zone Map Amendment application. The Community Development Board in their capacity as the Zoning Commission held a public hearing on this Zone Map Amendment on January 3, 2022 and forwarded a positive recommendation to the City Commission on the Zone Map amendment. The City Commission will hold a public hearing on the zone map amendment on February 1, 2022. The meeting will begin at 6 p.m. The meeting will conducted through WebEx. Instructions on joining the meeting will be included on the meeting agenda. 194 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 12 of 33 SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 5076 Criteria In evaluating compliance with the following Goals and Policies, Staff considers the application materials, Terms of Annexation, and adopted standards of the City to determine whether the Goal or Policy can be met. Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. This criterion is met. The property in question is contiguous to the City limits. The property is bounded on the south and west sides by City limits. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. The subject property is not wholly surrounded although is considered an inholding within city limits. Goal 3: The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. Not applicable. The subject property is not currently contracting for services. Goal 4: The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. This criterion is met. The subject property lies within the planned service area of the municipal water and sewer services. Existing sewer and systems are installed in the adjacent street right- of-way. As noted above, the area in question is an inholding with nearby properties currently being served by full City services included emergency services, and streets. Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. This criterion is met. As shown in Section 1, the subject property is planned as Urban Neighborhood and is within the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the report for more information on the growth policy. 195 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 13 of 33 Goal 6: The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. This criterion is met .The subject property is one of a number of inholdings wholly surrounded by City Limits. This annexation would secure another section of South 3rd Avenue rights-of- way to meet requirements of the City’s Transportation Plan and will make the City’s boundaries more regular and improve efficient delivery of services. Goal 7: The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. This criterion is met. The subject property will provide additional right of way for South 3rd Avenue and, if developed, will improve the streetscape adjacent to the property and upgrade to current street standards, see Term of Annexation 4 and 5. No addition internal street network is required to serve the property. Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. The subject property is 1.02 acres plus the adjacent right-of-way. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. This criterion is met. After annexation, the subject property will be bound to the provisions of 38.410.130 which require evaluation of water adequacy and provision of water if needed at time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts will be evaluated during development review. There are several methods to address the requirements of 38.410.130. The annexation agreement will provide notice of this requirement, see Term of Annexation 9. The landowner will consent to this requirement by signature on the annexation agreement. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. This criterion is met. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. The applicant proposes zoning for future development of homes. There is an existing home on the property which uses an onsite well and septic system. The annexation terms include requirements for future abandonment of the septic system and connection to the municipal sewer system. Any new construction must connect with initial construction to the municipal system. 196 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 14 of 33 Terms of Annexation 6 - 8 address the termination of the existing on-site septic system. Exact timing will depend on the sequencing of future development. The City’s water and sewer systems are adjacent to the property. See the maps below. Per Term of Annexation 6, the Annexation Agreement required to finalize the requested annexation will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Resolution No. 5076 Policies Policy 1: Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. This policy is met. The recommended Terms of Annexation include requirements for provision of right of way for South 3rd Avenue, a Collector and Urban Route according to the Bozeman Transportation Plan, 2017 Update. See Terms of Annexation 2. Dedicated Streets or public street and utility easements provide locations for municipal water and sewer mains. Waivers of right to protest special improvement districts are included in Term of Annexation 5 for streets affected by the future development of the property. Any additional easements and rights of way will be provided within the property with future development of the property as required by municipal standards. Exact locations will be determined by further technical analysis and site design. Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. This policy is met. The application to alter the Future Land Use Designation from Public Lands to Urban Neighborhood is complete. See Application 21309. No additional changes to the growth policy is required. The application includes a request for initial zoning of R-3. See the zone map amendment section of this report for analysis of the zone map amendment criteria. Policy 3: The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate 197 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 15 of 33 anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. This policy is met. The property is designated “Urban Neighborhood” on the future land use map. As noted in Policy 3 above, the required growth policy amendment is complete and no further adjustments are needed. See discussion under zone map amendment Criterion A. Policy 4: Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. This policy is met. The property proposed for annexation requests a zoning designation of R- 3. See the zone map amendment section of this report for review of the zoning criteria. The Zoning Commission held a public hearing on January 3, 2022. A motion recommending approval of the requested R-3 zoning was passed unanimously. Note: The annexation and the placement of a zoning district designation on the property by the City does not guarantee available services or approval of a specific development. Section 38.300.020.C of the Unified Development Code states: “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. This policy is met. The applicant has requested R-2, the Residential Moderate Density District. See Section 7 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. This policy is met. Applicant has paid required application fees. Policy 7: It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. This policy is met. The property proposed for annexation is accessed from South 3rd Avenue, a Collector, which is paved to the edge of the subject property. 198 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 16 of 33 Policy 8: Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. This policy is met. The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in an amount to be determined by the Director of Public Works, as outlined by Section 38.410.130 of the municipal code. The calculated amount will be determined by the Director of Public Works and based on the zoning designation approved by the City Commission. This will be addressed with the annexation agreement. Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. This policy is met. City infrastructure and emergency services are available to the subject property. A water and sewer mains are located in South 3rd Street on the east side of the property. The property is located adjacent to residential development that is currently served by Bozeman Fire. Recommended Term of Annexation 6 includes the provision that the applicant will be responsible for installing facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. Policy 10: The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. 199 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 17 of 33 The property is not currently provided City services. No emergency connection is requested. City services will be required to be provided concurrent with future development. Terms of Annexation 5 - 8 address connection to services. Policy 11: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Public Works. Mapping to meet the requirements of the Director of Public Works must be provided with the Annexation Agreement. Typically, this includes a Portable Document File (PDF) for filing with the Annexation Agreement at the County Clerk & Recorder, an electronic map with a meets and bounds description fop the property to be annexed for the City Engineer’s Office, and must be submitted with the signed Annexation Agreement. Mapping requirements are addressed in Recommended Term of Annexation # 2. Policy 12: The City will assess system development/ impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. This annexation does not require immediate payment of fees. The annexation agreement will provide notice of obligations to pay impact fees at times as required in ordinance. See Term of Annexation 4. Policy 13: Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle, and posted on the site as set forth under this policy. See Appendix A for more details. Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. This policy will be implemented only if the Commission acts to grant preliminary approval. If the application is denied then no annexation agreement will be necessary. Policy 15: When possible, the use of Part 46 annexations is preferred. This annexation is being processed under Part 46 provisions. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a 200 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 18 of 33 district does not lessen the obligation to participate in general city programs that address the same subject. No road improvement district is associated with this application. Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. The necessary agencies were notified and provided copies of the annexation on November 8, 2021. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. An existing residential structure and associated out buildings are on the subject property which has on-site well and septic system and will be required to severe thee use of the on-sight systems and connect to City water and sewer service. A term of annexation requires connection to municipal water and sewer implements this policy. In conjunction with future connection the septic system must be properly abandoned and the well disconnected from the domestic supply. Terms of Annexation 6 - 8 address these issues. SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has discretion to determine a policy direction. The burden of proof that the application should be approved lies with the Applicant. See the application materials for the Applicant’s response to the criteria A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. 201 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 19 of 33 In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Yes. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application has been within in the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood through the recent modification of the FULM to correctly designate the FLU of the property. The Urban Neighborhood designation description reads: “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home- based occupations, fire stations, churches, schools, and some neighborhood-serving 202 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 20 of 33 commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table, the R-3 district is an implementing district of the Urban Neighborhood category. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy has not been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. It is inconsistent with this approach to zone at annexation for lower intensities than what infrastructure and planning documents will support. This policy approach does not specify any 203 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 21 of 33 individual district but does lean towards the more intensive portion of the zoning district spectrum. The Applicant provided an argument that, …”the area reflects a need for a higher density residential development to help meet the growing housing needs of the area by investing the construction infill with an established highly used area of the city. Higher density is also supported by the access to commercial and university nodes to the north.” No further analysis of how the proposed R-3 zoning in conformance with the growth policy was provided. Therefore, staff submits additional analysis for consideration and includes specific goals and policy’s the amendment furthers. Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation then the requested R-3 zoning will not occur. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. The proposed zoning is consistent with the future land use map and is within the current facilities plans. Municipal infrastructure is installed in the adjacent roadway and has capacity accommodate additional development. Goal RC-3: Collaborate with Gallatin County regarding annexation and development patterns adjacent to the City to provide certainty for landowners and taxpayers. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The zone map amendment is proposed in association with an annexation. The area to be annexed, for all intent and purpose, wholly surrounded by the City boundary and eliminates one of a number of isolated inholding with the City service area and street network. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. The property, for all intent and purpose, is wholly surrounded by the City. The property is seeking annexation and municipal zoning for the purpose of maintaining and possibly expanding the use and intensity of the site. The application is in accordance with the growth policy. 204 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 22 of 33 B. Secure safety from fire and other dangers. Yes. The existing building, constructed in circa 1905, is of unknown quality, fire, and safety measures. Any renovations, expansions, or removal and replacement must meet the development standards of the City and, in some cases, might require retrofitting to ensure the building is safe for occupants and neighboring properties. The 2017 Fire and EMS Master Plan shows this property within the acceptable response reach of the Fire Department. Fire protection water supply will be provided by the City of Bozeman water system. The property is not within any delineated floodplain. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. The initial zoning of R-3 is not likely to adversely impact safety from fire and other dangers. The property will be required to conform to all City of Bozeman public safety, building and land use requirements. The City provides emergency services to adjacent properties and there will be no difficulty extending service to this parcel. C. Promote public health, public safety, and general welfare. Yes. The proposed zoning designation will promote general welfare by implementing the future land use map in the Bozeman Community Plan. Public health and safety will be positively affected as the proposed annexation will allow the existing structure to connect to the City sewer system, thereby removing a septic system and lessening resulting groundwater discharge. As noted in criterion B, further development and redevelopment must be in accordance with modern building, access, stormwater, pedestrian circulation, ingress and egress to the site, and full connection to the greater transportation network for users ensuring the promotion of public health, safety and general welfare. Public health and safety will be positively affected by requiring new and redevelopment to connect to municipal sanitary sewer and water systems, which will prevent groundwater pollution and depletion by wells and septic systems. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Yes. The BCP 2020, page 74, says regarding evaluation of Criteria B-D for zoning amendments: “For a map amendment, all three of the above elements are addressed primarily by the City’s long range facility Plans, the City’s capital improvements program, and development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address public safety, etc. It is often difficult to assess these issues in detail on a specific site. 205 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 23 of 33 For example, at the time of annexation, the final intensity of development is unknown and it may be many years before development occurs and the impacts are experienced. The availability of other planning and development review tools must be considered when deciding the degree of assurance needed to apply an initial zoning at annexation.” The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. Private development must demonstrate compliance with standards. The application site is located within the City’s land use, transportation, parks, and utility planning areas and those plans show this property as developing within the City when development is proposed. Adequacy of all these public requirements is evaluated during the subdivision and site development process. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” The development of public infrastructure improvements to serve the property will be required to conform to the City of Bozeman’s adopted standards which require properties to construct public infrastructure and/or pay impact fees, assessments, and taxes to support transportation, water, sewer, school, parks, and other public requirements. City water and sewer lines are located adjacent to the property in the South 3rd Avenue right-of-way and the terms of annexation require the applicant to connect to municipal services and install any facilities required to provide full municipal services to the property. The property is accessed from South 3rd Avenue (collector). Park dedication is not required at this time. However, if additional residential units are constructed on the site parkland dedication, improvements or 206 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 24 of 33 cash-in-lieu, or a combination thereof may be required. Any future development of the property will be evaluated for additional required improvements during the plan review process. Public comments received to date expressed concern about the additional traffic that may be generated from a development on the property. Future development will be required to address impacts. The existing street section includes bike lane and additional shoulder on the east side and only a shoulder area on the west side with no dedicated pedestrian sidewalks or curb and gutter. This section of south 3rd was reconstructed with barrow ditches for storm water and with subsequent development full street sections are installed. South 3rd is similar to Oak Street from 7th to 19th followed a similar construction plan. Originally constructed with state support including one lane and did not include curb and gutter and rather used barrow ditches to address storm water. Subsequent development was required to construct the second lane and the remaining full street section components. South 3rd Avenue is listed in the Major Street Network (MSN) improvement list, the improvement is not on the current Capital Improvement Plan (CIP). See MSN-21 in the Bozeman Transportation Master Plan, 2017 Edition. Additionally, the street grid in the area continues to become more robust. Graf Street connecting South 3rd and South 19th is complete. In addition, Arnold Street connecting South 3rd and 11th was recently completed providing an additional transportation routes. These improvements will likely ameliorate some traffic impacts. E. Reasonable provision of adequate light and air. Yes. The R-3 zoning designation has requirements for setbacks, height, and lot coverage, which provide for the reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. The existing structures within the city limits, at a minimum, are more than 45 feet from the property boundary. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Yes. The proposed R-3 zoning designation will have a positive effect on the City’s motorized and non-motorized transportation systems. The existing site was not required to update the adjacent roadway to a complete street city standard that includes pedestrian, bicycle, stormwater, and other transportation and safety measures. Annexation and future development will require these minimum standards to be constructed improving the transportation system and safety for all users. 207 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 25 of 33 The intersection at Kagy Boulevard and Wilson is fully built out although the road surface needs attention. Kagy Boulevard is a Montanan Department of Transportation roadway. Terms of annexation require dedication of right-of-way along South 3rd Avenue necessary for completion of a Collector cross section roadway. Collector streets require 90 feet of right-of- way. The recommended terms of annexation and City’s development approval processes, for example requirements for easements, the waiver of the right to protect special improvement districts related to transportation, and construction of future roads are expected to sufficiently address impacted transportation systems as a result of the map amendment. On page 74-75 of the BCP 2020 in the discussion of application of the zoning criteria it says: “Development creates or funds many of the City’s local streets, intersection upgrades, and trails. Therefore, although a text or map amendment may allow more intense development than before, compliance with the adopted Plans and standards will provide adequate capacity to offset that increase.” As the zoning designation itself does not change traffic flow or transportation demand, and the compliance of future development with adopted standards will offset impacts from development. G. Promotion of compatible urban growth. Yes. Individuals may have widely varying opinions about what constitutes compatibility. Compatible development and Compatible land use are defined in Article 38.7 BMC to establish a common reference for consideration of this criterion and application of development standards. They are defined as: “Compatible development. The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use. Compatible land use. A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to, noise, odor, light and the presence of physical hazards such as combustible or explosive materials.” As noted in the definition of Compatible development, there are many elements that contributed to compatibility. The final sentence of the definition deserves emphasis 208 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 26 of 33 “Compatible development does not require uniformity or monotony of architectural or site design, density or use.” Compatible development can be different than what is already in place. The City has adopted a variety of standards to implement compatibility. The proposed R-3 district is a predominantly residential district. The allowed uses for residential districts are set in section 38.310.030. The proposed zoning allows more density than is currently built in the vicinity and in character because the primary and intended use of the R-3 district is residential as neighboring properties. However, as discussed in criterion H below, the existing development is well below permitted intensity. The proposed amendment is associated with an annexation creating continuity between the existing and surrounding uses. Staff concludes R-3 zone is compatible and is urban growth as called for in the growth policy. See also discussion for Criteria A & H. H. Character of the district. Yes. The proposed R-3 zoning promotes the character of the district as the intent of the Residential Moderate Density district is to “… provide for one- and two-household residential development at urban densities within the city in areas that present few or no development constraints.” Surrounding properties are low-density single-household residential. Adjacent properties in the City are zoned R-1. The property directly across South 3rd is zoned Residential Suburban (R-S) in the County and the property to the north which assorted with the Museum of the Rockies is zoned Public Lands and Institutions. The proposed R-3 zoning designation is consistent with the character of the neighborhood as well as existing development on the property. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the 209 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 27 of 33 area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in this new area of the R-3 district to be compatible with adjacent development and uphold the character of the area. Below is an excerpt from the Residential Density map supported by the City GIS Department. It shows adjacent properties, including the Overbrook condominiums to the west, are developed at approximately 4-6 dwellings units per acre. If developed as the R-3 district allows future development would be at a higher density that the existing neighborhood although, due to other adopted standards, would be compatible. Living unit density map I. Peculiar suitability for particular uses. Yes. The property is located in an area of single-household residential development which is suitable for uses allowed in the R-3 zoning district. The existing use of the property is residential. Future development, if constructed, would likely increase the number of houses on the site. Building heights, building setbacks, drive accesses, parking, open space requirements, and parkland will limit the maximum density the site can support. It is not possible to calculate a maximum number of dwelling units that can be constructed on the site without significant assumptions that are not realistic in context. For example, current building codes allow a habitable residential structure to be as little as 250 square feet. One parking space under the City’s current parking standard consumes 162 square feet. The proposed drive isle will 210 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 28 of 33 consume approximately 5,520 square feet of surface area. Assuming structured parking facility will not be used we typically see residential densities from 5 to 12 homes per net acre. The proposed R-3 zoning designation is suitable for the current use of the property. The applicant provided a statement addressing this criterion stating that, “all the uses within R-3 would fit the transitional “fringe” nature of the lot.” J. Conserving the value of buildings. Yes. There is an existing single-household residential structure with a variety of other outbuildings in an area of compatible residential land uses. The proposed R-3 zoning designation will allow for similar land use patterns and will thus conserve the value of buildings in the area. Any future development on the property will be subject to standards in the R-3 zoning district which will ensure the conservation of adjacent building values including but not limited to standards set forth in the Unified Development Code for fire safety, setbacks, buffers and building heights, which will help alleviate any potential negative impacts to the values of adjacent buildings as a result of future development on the subject property. Therefore, this criterion is met. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. As discussed in Criteria A above, this property has been planned for residential uses. The proposed R-3 zoning designation will encourage the most appropriate use of land as the property is surrounded by lower density residential development, which is consistent with the R-3 designation. Furthermore, the proposed R-3 zoning designation is consistent with the Bozeman Community Plan’s future land use map designation of “Urban Neighborhood.” Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. 1. Is the proposed use significantly different from the prevailing land uses in the area? No. The R-3 zoning designation is primarily residential, as with the R-1 and R-2 districts, near service facilities with the city. The historic and current is residential. The current use was established in 1905. The neighboring properties were developed from 1960 and on and Figgins Addition Subdivision being created and annexed in 1972 when Bozeman’s population was 211 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 29 of 33 18,670. The stated purpose of the R-3 district is to provide 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 which is similar to neighboring properties. Therefore, staff finds that this criterion is not met. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Yes. The application is submitted by one landowner in conjunction with annexation of the single 1.02 acre property. Although the City supports multiparty annexation applications, landowner annexation of single properties are the most frequent annexations. The applicant did approach the adjacent property to the east across South 3rd Avenue but there was no response to the request for a conversation. As described in Criterion A above, the amendment advances the overall policies of the BCP 2020, the City’s adopted growth policy, and the growth policy and neighborhood plans for Gallatin County. As the application advances the growth policies there are benefits to the larger community from the amendment. Although there is generalized benefit to the community, the number of direct beneficiaries is small. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? No. While the applicant/landowner will directly benefit from the proposed zone map amendment, the proposed amendment is not at the expense of surrounding landowners or the general public. As discussed above in the various review criteria above, no substantial negative impacts are identified due to this amendment. As discussed in Criterion A, the application is consistent both the City’s and the County’s growth policy. The growth policy is the overall land use policy for the community. Consistency with the growth policy demonstrates benefit to the general public. As discussed under Criterion D, the City’s development standards will require the applicant to provide the needed infrastructure to support any proposed development prior to construction of homes. Concurrency and adequacy of infrastructure remove most potential injury to others. As discussed in the various review criteria above, no substantial negative impacts or hazards are identified due to this amendment which cannot be resolved or mitigated through other City standards, policies or regulations. Although the zoning map is changing, the associated Terms of Annexation, and the development standards referenced throughout the analysis of the zone map amendment will limit impacts of new development and avoid expense to the general public or surrounding landowners. When looking at the City as a whole, Bozeman is in need of additional housing to meet increased demand for a variety of housing options. 212 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 30 of 33 The City Commission has adopted legal documents by which land uses and development patterns are determined within city limits. The Unified Development Code (UDC), along with the growth policy (BDC 2020) provide the guiding framework that governs what growth looks like in our community. These documents go through numerous iterations as the knowledge and understanding of development principles evolve, and as the needs of our community change. The UDC establishes technical requirements that dictate the layout of subdivisions, the placement and height of buildings, the width of driveways, allowable land uses, and a plethora of other development requirements that shape the fabric of the community, and protect the safety of its members. The growth policy is a visionary document that contains the long term goals of the City for the next 20 years. These goals were crafted based on current growth and development trends, contemporary planning theory, and through a robust public engagement process that spanned the course of several years. The layered dynamic of the two policy documents creates the ability for our community to begin with large scale ideas about community growth and needs and distill them down into a technical guide for how that growth and development can physically occur. The goals and themes of the growth policy informs the technical content of the UDC which contains provisions whose main focus is protecting the health, safety, and general welfare of the community. This dynamic ensures that locations and standards of zoning districts are a benefit to the community as a whole and do not benefit only one landowner. As noted in Section 6, Criterion A, the proposed application is in accordance with the growth policy PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's 213 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 31 of 33 qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Avenue, PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on December 19 and 26, 2021. The site was posted on site and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Notice was or will be provided at least 15 and not more than 45 days prior to any public hearing. Public comment has been received on the application. Comments, including those received on the Growth Policy Amendment application, can be viewed at the following link. https://weblink.bozeman.net/WebLink/browse.aspx?id=258402&dbid=0&repo=BOZEMAN APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020. 1. URBAN NEIGHBORHOOD. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. 214 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 32 of 33 Proposed Zoning Designation and Land Uses: The applicant has requested zoning of R-3, “Residential Moderate Density” in association with the annexation of the property. According to Sec. 38.300.100(C) of the Unified Development Code, “The intent of the R-3 residential medium density 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 and (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. The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of R-3 correlates with the Growth Policy’s future land use designation of “Urban Neighborhood”. Authorized uses in Residential districts are detailed in section 38.310.030. 215 Staff Report for the 21161; South 3rd Avenue Annexation & Zone Map Amendment Page 33 of 33 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: CBJ, LLC, PO Box 327, Bozeman, MT 59771 Applicant: Plum Design Lab, 875 Bridger Drive, Suite F, Bozeman, MT 59715 Representative: Stahly Engineering & Associates, 851 Bridger Drive, Suite 1, Bozeman, MT 59715 Report By: Tom Rogers, Senior Planner, Community Development Department FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials 216 217 218 219 220 221 222 223 224 DRAFT225 DRAFT226 227 228 229 230 231 VISION TRIANGLEBEDROOMBATHSTAIRBONUSBEDROOMOFFICE / BEDROOMor SHOPBATHGARAGEMUD / ENTRYSTAIR28' - 0"22' - 0"M / S694 SF1006 SF1014 SFTOTAL SF:G LEVEL: 344GARAGE: 644MAIN: 1014LOFT: 644DECK: 100Finished SF: 2004 sf 11 UNITS: 22,044 SF S 3RD23' - 6"96' - 0"32' - 0" 13' - 6"MASTERBATHCLSTKITCHENLIVINGDINESTAIRMASTERBATHCLSTKITCHENLIVINGDINESTAIRMASTERBATHCLSTKITCHENLIVINGDINESTAIRMASTERBATH CLSTKITCHENLIVINGDINESTAIRMASTERBATH CLSTKITCHENLIVINGDINESTAIRMASTERBATHCLSTKITCHENLIVINGDINESTAIRMASTERBATHCLSTKITCHENLIVINGDINESTAIRMASTERBATH CLSTKITCHENLIVINGDINESTAIROPEN SPACEOPEN SPACE50' - 0"10' - 6"GARAGE LEVELUPPER LEVEL264' - 0"165' - 0"NORTHDECKCONNECT TO TRAIL?REPARIAN WALKWAY AND LANDSCAPINGENTRY FACADEAND ELEVATIONS TOWARD STREET5-0 CONCRETE WALKENTRY FACADEAND ELEVATIONS TOWARD STREETMAINSERVICESERVICESERVICESERVICESERVICESERVICEMAIN SEWERWATERPRIVATE DRIVESNOW STORAGESNOW STORAGESNOW STORAGESW PONDSW PONDSW PONDDRAINAGE AREADRAINTILEDRAINAGE AREADRAINAGE AREADRAINAGE AREADRAINAGE AREASNOWSNOW15' - 0"30' ASSUMED BY COS - NOT VERIFIEDPROVIDE NEW 10' EASMENT FOR UTILITIES10' - 0"ENTRYENTRYENTRYENTRYENTRYENTRYENTRYENTRYENTRYDRIVEWAY DRIVEWAYDRIVEWAYDRIVEWAYDRIVEWAY DRIVEWAYDRIVEWAYDRIVEWAYDRIVEWAYDRIVEWAYDRIVEWAYDRIVEWAY3 | A1.1COB ROW30' - 0"MASTERBATH CLSTKITCHENLIVINGDINESTAIRMASTERBATHCLSTKITCHENLIVINGDINESTAIRMASTERBATH CLSTKITCHENLIVINGDINESTAIRREQUIRED OPEN SPACE20' - 0"24' - 0"70' PERMEABLE PAVER TURN AROUND20' PERMEABLE PAVER TURN AROUNDCOLLAPSABLE BALLARDSPERMEABLE PAVER TURN AROUNDSW POND20' - 0"DRAINAGE AREADRAINAGE AREAENTRYENTRYENTRYENTRYBLVDOPEN SPACE - PARK70' - 0"SURFACE DRAINAGE TO SURFACE LANDSCAPED PONDS20' - 0"20' - 0"R 28' - 0"R 28' - 0"DRIVEWAYWALKWAY74' - 1"34' - 5"37' - 4"CHIMNEYROOF DECKENTRY WITH SCREENWALL AND AWNINGWOOD SIDINGFIBERGLASS WINDOWSDRAWING NUMBER:PHASE:DATE:DRAWING TITLE:PROJECT NUMBER:DRAWN BY / CHECKED BY:REVISIONS:0"1"2"5/20/2021 9:16:53 PMA1.1SITE PLAN20-023SKYVIEWLOFTS @ S3APRIL 20 | 2021CCR---FEASBZN MT1/16" = 1'-0"SITE PLAN1SKYVIEW LOFTSBOZEMAN, MTNO. DESCRIPTION DATE1/16" = 1'-0"EAST ELEVATION (S3RD)3232 Memorandum REPORT TO:City Commission FROM:Jennifer A. Giuttari, Assistant City Attorney Greg Sullivan, City Attorney Anna Rosenberry, Assistant City Manager SUBJECT:Ordinance 2098 Provisionally Adopting an Update to the Department Titles of Administrative Services and Public Works to Reflect the City's Current Department Titles, and Creating the Departments of Economic Development and Strategic Services MEETING DATE:February 1, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:I move to provisionally adopt Ordinance 2098: Updating the Department Titles of Administrative Services and Public Works to Reflect the City's Current Department Titles, and Creating the Departments of Economic Development and Strategic Services. STRATEGIC PLAN:7.1 Values-Driven Culture: Promote a values-driven organizational culture that reinforces ethical behavior, exercises transparency and maintains the communityâ€™s trust. BACKGROUND:Ordinance 2098 revises the entire Bozeman Municipal Code so that it properly reflects the City's current department title for the department of finance. Additionally, this Ordinance revises the Bozeman Municipal Code to split the current Department of Public Works into two new departments - the Department of Transportation and Engineering, and the Department of Utilities. This Ordinance also recognizes the retroactive creation of the Departments of Economic Development, and Strategic Services. UNRESOLVED ISSUES:N/A ALTERNATIVES:N/A FISCAL EFFECTS:N/A Attachments: 220120 Ord. 2098 - final.pdf 220120 Ord. 2098 Exhibit A Finance - final.pdf 220120 Ord. 2098 Exhibit B Trans.-Eng. - final.pdf 220120 Ord. 2098 Exhibit C Utiliites - final.pdf 233 Report compiled on: January 14, 2022 234 Ord 2098 Page 1 of 7 ORDINANCE 2098 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA UPDATING THE DEPARTMENT TITLES OF ADMINISTRATIVE SERVICES AND PUBLIC WORKS TO REFLECT THE CITY'S CURRENT DEPARTMENT TITLES, AND ESTABLISHING THE DEPARTMENTS OF ECONOMIC DEVELOPMENT AND STRATEGIC SERVICES. WHEREAS, the City Charter vests in the City Commission all powers of the city, and mandates the City Commission, by ordinance, to establish, alter or abolish any city department. WHEREAS, the City of Bozeman department of administration was previously renamed, and the name currently assigned to the department shall now be reflected in the Bozeman Municipal Code as department of finance; and WHEREAS, the City of Bozeman City Manager wishes to divide the department of public works into two new department titles so as to better reflect the specialties and work load of each department, thereby retiring the department and director title “public works”; and WHEREAS, the City of Bozeman City Manager wishes to create a newly named department of transportation and engineering, which is administered by the director of transportation and engineering; and WHEREAS, the City of Bozeman City Manager wishes to create a newly named department of utilities, which is administered by the director of utilities; and WHEREAS, the City of Bozeman City Manager previously created the department of economic development, administered by the director of economic development, and Bozeman Municipal Code shall now reflect such a department; and WHEREAS, the City of Bozeman City Manager previously created the department of strategic services, administered by the director of strategic services, and the Bozeman Municipal Code shall now reflect such a department. 235 Ordinance No. 2098, An Ordinance Updating City Dept. Titles Page 2 of 7 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Bozeman Municipal Code. Section 2.04.010 shall be amended as follows: Sec. 2.04.010. Administrative departments established. A. The following administrative departments of the city are established: 1. Department of financeadministrative services; 2. Department of fire; 3. Department of human resources; 4. Department of information technology; 5. Department of law; 6. Department of parks and recreation; 7. Department of community development; 8. Department of police; and 9. Department of public works Transportation and Engineering; 10. Department of Utilities; 11. Department of Economic Development; and 12. Department of Strategic Services. B. The commission may by ordinance establish, alter, or abolish city departments, officers, or agencies and may prescribe the functions of all departments, offices and agencies. The city manager may, by administrative order, transfer or add functions to the departments, to include organizing or reorganizing all divisions thereunder. Section 2 Division 2 of the Bozeman Municipal Code shall be amended as follows: DIVISION 2. – DEPARTMENT OF ADMINISTRATIVE SERVICES FINANCE Section 3 All references throughout the Bozeman Municipal Code to the department of administrative services shall be replaced with the department of finance, as indicated in Exhibit A 236 Ordinance No. 2098, An Ordinance Updating City Dept. Titles Page 3 of 7 to this Ordinance. Exhibit A shall not be codified and is attached to this Ordinance solely for legislative purposes. Section 4 All references throughout the Bozeman Municipal Code to the director of administrative services shall be replaced with the director of finance, as indicated in Exhibit A to this Ordinance. Exhibit A shall not be codified and is attached to this Ordinance solely for legislative purposes. Section 5 That Division 10 of the Bozeman Municipal Code shall be amended as follows: DIVISION 10. - DEPARTMENT OF PUBLIC WORKS TRANSPORTATION AND ENGINEERING Section 6 Bozeman Municipal Code. Section 2.04.1350 shall be amended as follows: Sec. 2.04.1350. Director designated; powers and duties. The director of transportation and engineering public works shall be the head of the department of transportation and engineering public works and shall work under the supervision and control of the city manager in all matters. The director shall discharge all of the duties prescribed by law for that officer, and as such shall manage and have charge of the construction, improvements, repair and maintenance of streets, sidewalks, alleys, lanes, bridges, viaducts and other public highways, and of all sewers and sewerage disposal plants, drains, ditches, culverts, canals, streams and watercourses. The director shall manage and have charge of the waterworks system owned by the city, and improvements thereon, and shall have charge of the enforcement of all obligations of privately owned or operated public utilities enforceable by the city. The director of transportation and engineering shall have charge and supervision of the making and preservation of all surveys, maps, plans, drawings and estimates for public work; and charge of the cleaning, sprinkling and lighting of streets and public places; and of the collection and disposal of waste; and charge and supervision of the preservation of papers, plans, tools and appliances belonging to the city and pertaining to the department of transportation and engineering public works. The director shall receive such salary as may be fixed by the city manager. Section 7 All references throughout the Bozeman Municipal Code to the department of public works, shall be replaced with the department of transportation and engineering, as indicated in 237 Ordinance No. 2098, An Ordinance Updating City Dept. Titles Page 4 of 7 Exhibit B to this Ordinance. Exhibit B shall not be codified and is attached to this Ordinance solely for legislative purposes. Section 8 All references throughout the Bozeman Municipal Code to the director of public works shall be replaced with the director transportation and engineering, as indicated in Exhibit B to this Ordinance. Exhibit B shall not be codified and is attached to this Ordinance solely for legislative purposes. Section 9 Article 4 of the Bozeman Municipal Code shall be amended to include the following new Division: DIVISION 11.- DEPARTMENT OF UTILITIES. Section 10 Article 4, Division 11 of the Bozeman Municipal Code shall be codified to include the following new Section: Sec. 2.04.1380. Sewer connection requirements; director designated; powers and duties. The director of utilities shall manage and have charge of the waterworks system owned by the city, and improvements thereon, and shall have charge of the enforcement of all obligations of privately owned or operated public utilities enforceable by the city. The director shall receive such salary as may be fixed by the city manager. The director of utilities shall have authority to compel the making of sewer connections whenever, in view of a contemplated street improvement which has been ordered by the commission, or as a sanitary regulation, a sewer connection should in the director's judgment be constructed. The director shall cause written notice requiring such construction to be given to the owner of each lot or parcel of land for which such connection is to be made. Such notice shall be served by the director of utilities or some person designated by the director in the manner provided for the service of summons in civil actions. Nonresidents of the city, or persons who cannot be found, may be served by one publication of such notice in a daily newspaper of general circulation in the city. It shall state the time within which such connections shall be constructed, and if they are not constructed within the time specified, they may be constructed by the city and the cost thereof, together with a penalty of five percent, assessed against the lots and lands for which such connections are made. Such assessments shall be certified and collected as other assessments for street improvements. Section 11 238 Ordinance No. 2098, An Ordinance Updating City Dept. Titles Page 5 of 7 All references throughout the Bozeman Municipal Code to the department of public works, shall be replaced with the department of utilities, as indicated in Exhibit C to this Ordinance. Exhibit C shall not be codified and is attached to this Ordinance solely for legislative purposes. Section 12 All references throughout the Bozeman Municipal Code to the director of public works shall be replaced with the director utilities, as indicated in Exhibit C to this Ordinance. Exhibit C shall not be codified and is attached to this Ordinance solely for legislative purposes. Section 13 That Article 4 of the Bozeman Municipal Code shall be amended to include the following new Division: DIVISION 12.- DEPARTMENT OF ECONOMIC DEVELOPMENT (RESERVED). Section 14 That Article 4 of the Bozeman Municipal Code shall be amended to include the following new Division: DIVISION 13.- DEPARTMENT OF STRATEGIC SERVICES (RESERVED). Section 15 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 16 Savings Provision. 239 Ordinance No. 2098, An Ordinance Updating City Dept. Titles Page 6 of 7 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 17 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 18 Codification. Sections 10 through 15 of this Ordinance shall be codified and included as new divisions, as written above, in Chapter 2, Article 4 of the Bozeman Municipal Code, which is currently entitled Administration: Departments. Bozeman Municipal Code shall be amended to include new Sec. 2.04.1380, as set forth in Section 11 of this Ordinance. Section 19 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 _____ day of ________________, 20__. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ 240 Ordinance No. 2098, An Ordinance Updating City Dept. Titles Page 7 of 7 MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is __________, __, 20__. ________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 241 Ord. 2098 Exhibit A: Administrative Services/Finance NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY page 1 of 4 BOZEMAN MUNICIPAL CODE SECTION CURRENT LANGUAGE REPLACEMENT LANGUAGE Sec. 2.03.550. Financial disclosure statement. administrative services finance Sec. 2.04.150. Director of administrative services; appointment; powers and duties. administrative services finance Sec. 2.04.160. City manager duties. administrative services finance Sec. 2.05.200. Board; donations. administrative services finance Sec. 2.05.210. Recreation fees. administrative services finance Sec. 2.05.1790. Annual reports. administrative services finance Sec. 2.05.1970. Bozeman Downtown Business Improvement District Board. administrative services finance Sec. 2.06.580. Monthly settlement and collection from county treasurer. administrative services finance Sec. 2.06.590. Annual tax reports to commission; contents. administrative services finance Sec. 2.06.600. Special assessments— Collection procedure. administrative services finance Sec. 2.06.610. Same—Procedure for levy. administrative services finance Sec. 2.06.630. Same—Form of notice and receipt. administrative services finance Sec. 2.06.640. Same—Notice of payment deadlines and delinquency conditions. administrative services finance Sec. 2.06.650. Same—Delinquency report. administrative services finance Sec. 2.06.670. Same—Certificates to county clerk and county treasurer. administrative services finance Sec. 2.06.680. Same—Notice publication required. administrative services finance Sec. 2.06.690. Same—Payment procedure. administrative services finance Sec. 2.06.700. Delinquent tax sales; director of administrative services authority and duties. administrative services finance Sec. 2.06.710. Reinstating special assessments. administrative services finance 242 Ord. 2098 Exhibit A: Administrative Services/Finance NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY page 2 of 4 Sec. 2.04.150. Director of administrative services; appointment; powers and duties. administrative services finance Sec. 2.04.160. City manager duties. administrative services finance Sec. 2.05.200. Board; donations. administrative services finance Sec. 2.05.210. Recreation fees. administrative services finance Sec. 2.05.1790. Annual reports. administrative services finance Sec. 2.05.1970. Bozeman Downtown Business Improvement District Board. administrative services finance Sec. 2.06.580. Monthly settlement and collection from county treasurer. administrative services finance Sec. 2.06.590. Annual tax reports to commission; contents. administrative services finance Sec. 2.06.600. Special assessments— Collection procedure. administrative services finance Sec. 2.06.610. Same—Procedure for levy. administrative services finance Sec. 2.06.630. Same—Form of notice and receipt. administrative services finance Sec. 2.06.640. Same—Notice of payment deadlines and delinquency conditions. administrative services finance Sec. 2.06.650. Same—Delinquency report. administrative services finance Sec. 2.06.670. Same—Certificates to county clerk and county treasurer. administrative services finance Sec. 2.06.680. Same—Notice publication required. administrative services finance Sec. 2.06.690. Same—Payment procedure. administrative services finance Sec. 2.06.700. Delinquent tax sales; director of administrative services authority and duties. administrative services finance Sec. 2.06.710. Reinstating special assessments. administrative services finance Sec. 2.06.720. Special improvement districts; annual reports. administrative services finance Sec. 2.06.1690. Credits against development impact fees. administrative services finance Sec. 2.06.1890. Proof of wages and benefits and other requirements. administrative services finance Sec. 4.04.050. Exceptions to section 4.04.030. administrative services finance 243 Ord. 2098 Exhibit A: Administrative Services/Finance NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY page 3 of 4 Sec. 8.02.020. Dog and cat licenses— Requirements generally; fee; expiration. administrative services finance Sec. 8.02.180. Enforcement for violations; liability of owner; permit transfers. administrative services finance Sec. 12.02.080. Transfer of license. administrative services finance Sec. 12.02.240. Compliance regarding violations. administrative services finance Sec. 14.01.040. Sale of lots. administrative services finance Sec. 14.01.050. Transfer of lots. administrative services finance Sec. 14.01.060. Record of lots sold. administrative services finance Sec. 14.01.080. Interment permit required. administrative services finance Sec. 14.01.090. Disinterment. administrative services finance Sec. 14.01.110. Expenditures; payment of claims. administrative services finance Sec. 14.01.130. Same—Fund established; maintenance fee; agreement and deposit conditions. administrative services finance Sec. 14.01.140. Same—Form of agreement. administrative services finance Sec. 14.01.150. Same—Fund recordkeeping and reports. administrative services finance Sec. 16.02.110. Abatement by city. administrative services finance Sec. 16.02.120. Notice of assessment— Appeal of charges. administrative services finance Sec. 16.08.160. License; application; fee; change; confidentiality. administrative services finance Sec. 34.04.030. Fees; payments and deposit. administrative services finance Sec. 34.04.060. Construction ordered by city; warrant for payment of costs. administrative services finance Sec. 34.05.160. Suspension or revocation of exclusive uses of public right-of-way. administrative services finance Sec. 40.02.710. Application; existing service; requirements. administrative services office finance department Sec. 40.03.680. Application and other service conditions. administrative services office finance department 244 Ord. 2098 Exhibit A: Administrative Services/Finance NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY page 4 of 4 Sec. 40.03.1620. Sewer connections;deferred payments authorized when. administrative services finance 245 Ord. 2098 Exhibit B: Transportation & Engineering NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY page 1 of 6 BOZEMAN MUNICIPAL CODE SECTION CURRENT LANGUAGE REPLACEMENT LANGUAGE Sec. 2.04.1370. Engineer and other department personnel. public works public service transportation and engineering transportation and engineering Sec. 2.06.1630. Definitions. director of public service director of transportation and engineering Sec. 2.06.1660. Water impact fees. public service transportation and engineering Sec. 10.03.110. Same— Issuance restrictions and moving conditions. public works transportation and engineering Sec. 16.06.070. Exceptions. public service transportation and engineering Sec. 28.03.050. Permitted locations. public works transportation and engineering Sec. 32.02.010. Definitions. public works transportation and engineering Sec. 32.02.020. City collection of solid waste. public works transportation and engineering Sec. 32.02.030. Collection and disposal by city; exemptions; article provisions not exclusive. public works transportation and engineering Sec. 32.02.050. Administration; rules and regulations. public works transportation and engineering Sec. 32.02.110. Violation; penalty. public works transportation and engineering Sec. 34.02.030. Work in streets; permit required; interfering with authorized work prohibited. public works transportation and engineering Sec. 34.02.040. Obstructing or encumbering streets; permit required. public works transportation and engineering Sec. 34.02.050. Structures in streets; permit required. public works transportation and engineering Sec. 34.02.060. Obstructions; warning signals required. public works transportation and engineering 246 Ord. 2098 Exhibit B: Transportation & Engineering NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY page 2 of 6 Sec. 34.02.070. Removal of litter or obstructions; notice; work performed by city when; costs. public works transportation and engineering Sec. 34.02.080. Removal of obstructions; time limit; interfering when work performed by city prohibited. public works transportation and engineering Sec. 34.02.090. Violations; penalties. public works transportation and engineering Sec. 34.04.020. Repair of sidewalks by abutting owners; failure to repair. public works transportation and engineering Sec. 34.05.020. Definitions. public works transportation and engineering Sec. 34.05.100. Encroachments permitted under this article; additional standards. public works transportation and engineering Sec. 34.05.110. Notification of name or address change. public works transportation and engineering Sec. 34.05.130. Special event or temporary permits. public works transportation and engineering Sec. 34.05.140. Fees. public works transportation and engineering Sec. 34.05.150. Suspension and revocation of permits for non-substantial encroachments. public works transportation and engineering Sec. 34.05.160. Suspension or revocation of exclusive uses of public right-of-way. public works transportation and engineering Sec. 34.06.010. Definitions. public works transportation and engineering Sec. 34.06.020. Snow and ice to be removed from sidewalks. public works transportation and engineering Sec. 34.06.050. Appeals. public works transportation and engineering Sec. 34.08.200. Notice to city and other officials. public works transportation and engineering 247 Ord. 2098 Exhibit B: Transportation & Engineering NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY page 3 of 6 Sec. 36.01.020. Definitions. public works transportation and engineering Sec. 36.01.060. Emergency and experimental regulations authorized when. public works transportation and engineering Sec. 36.02.030. Violation of chapter; penalty. public works transportation and engineering Sec. 36.03.020. Horns and warning devices required. public works transportation and engineering Sec. 36.03.050. Size and weight of vehicles, trailers, loads and tires; state regulations applicable. public works transportation and engineering Sec. 36.03.490. Turning markers; placement authorized; driver obedience required. public works transportation and engineering Sec. 36.03.500. Restricted right, left or U-turns; signs authorized. public works transportation and engineering Sec. 36.04.030. Locations where prohibited. public works transportation and engineering Sec. 36.04.040. Prohibited near hazardous or congested areas. public works transportation and engineering Sec. 36.04.060. Standing or parking—One-way streets. public works transportation and engineering Sec. 36.04.070. Same—One- way roadways. public works transportation and engineering Sec. 36.04.080. Additional or temporary parking regulations. public works transportation and engineering Sec. 36.04.090. Parking signs required. public works transportation and engineering Sec. 36.04.100. Angle parking. public works transportation and engineering Sec. 36.04.130. Private parking signs prohibited without permit. public works transportation and engineering Sec. 36.04.150. Narrow street parking restrictions. public works transportation and engineering Sec. 36.04.170. Parking restrictions near schools. public works transportation and engineering 248 Ord. 2098 Exhibit B: Transportation & Engineering NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY page 4 of 6 Sec. 36.04.190. Special needs bus loading/unloading zones; establishment; parking restrictions. public works transportation and engineering Sec. 36.04.200. Tow-away zones; establishment; parking restrictions. public works transportation and engineering Sec. 36.04.240. Large vehicles; parking restrictions. public works transportation and engineering Sec. 36.04.280. Loading zones. public works transportation and engineering Sec. 36.04.290. Loading and unloading; backing into curb permitted when. public works transportation and engineering Sec. 36.04.310. Bus stops and taxi stands. public works transportation and engineering Sec. 36.04.360. Montana State University Residential On- Street Parking Permit Regulation Program. public works transportation and engineering Sec. 36.04.365. Bozeman Senior High School Residential On-Street Parking Permit Regulation Program. public works transportation and engineering Sec. 36.05.010. Installation; director of public works authority. public works transportation and engineering Sec. 36.05.070. Traffic lanes, crosswalks, and safety zones; when designation authorized. public works transportation and engineering Sec. 36.06.010. Designation; sign placement; traffic movement restricted. public works transportation and engineering Sec. 36.07.010. General rule. public works transportation and engineering Sec. 36.08.010. Determination and designation. public works transportation and engineering Sec. 36.08.020. Intersections with arterial and through streets. public works transportation and engineering Sec. 36.09.050. Routes established. public works transportation and engineering 249 Ord. 2098 Exhibit B: Transportation & Engineering NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY page 5 of 6 Sec. 40.02.1100. Rules and regulations adopted; part of contract with customer. public works transportation and engineering Sec. 40.06.010. Adoption of the Montana Public Works Standard Specifications. director of public works director of public service director of transportation and engineering director of transportation and engineering Sec. 40.06.020. Adoption of City of Bozeman Modifications to the Montana Public Works Standard Specifications. public service transportation and engineering Sec. 40.06.030. Adoption of the city design standards and specifications policy. public service transportation and engineering Sec. 40.06.040. Amendment of the city modifications to the MPWWS and city design standards and specifications policy. public service transportation and engineering 250 Ord. 2098 Exhibit C: Utilities NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY page 1 of 2 BOZEMAN MUNICIPAL CODE SECTION CURRENT LANGUAGE REPLACEMENT LANGUAGE Sec. 40.02.150. Interfering with or polluting water supply prohibited. public works utilities Sec. 40.02.350. Waiver of regulations; conditions. public works utilities Sec. 40.02.1100. Rules and regulations adopted; part of contract with customer. public works utilities Sec. 40.02.1270. Authority to restrict outdoor use of water. public works utilities Sec. 40.02.1290. Sprinkling systems; timing. public works utilities Sec.40.02.1300. Landscaping; seeding; sodding; planting. public works utilities Sec. 40.02.1310. Notice required. public works utilities Sec. 40.02.1330. Exception to maintain sanitation. public works utilities Sec. 40.03.330. Waiver of regulations; conditions. public works utilities Sec. 40.03.910. Definitions. public works utilities Sec. 40.03.930. Discharge prohibitions. public works utilities Sec. 40.03.1115. Local limits. public works utilities Sec. 40.03.1150. Sampling, analysis and inspection. public works utilities Sec. 40.03.1160. Reporting and compliance requirements. public works utilities Sec. 40.03.1240. Notification of violation. public works utilities Sec. 40.03.1250. Consent orders. public works utilities Sec. 40.03.1260. Show cause hearing. public works utilities Sec. 40.03.1270. Compliance orders. public works utilities Sec. 40.03.1280. Cease and desist orders. public works utilities 251 Ord. 2098 Exhibit C: Utilities NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY page 2 of 2 Sec. 40.03.1290. Administrative fines. public works utilities Sec. 40.03.1620. Sewer connections;deferred payments authorized when. public service utilities Sec. 40.04.070. Definitions. public works utilities 252 Memorandum REPORT TO:City Commission FROM:Mike Veselik, Economic Development Program Manager, Parking There Brit Fontenot, Economic Development Director Jeff Mihelich, City Manager SUBJECT:Downtown Bozeman Parking Supply and Demand Management Work Session MEETING DATE:February 1, 2022 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:Direction to Staff 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:Based on an occupancy study conducted in August 2021, the City's Parking Services division is offering new alternatives for how to manage parking supply and demand in downtown Bozeman. On Wednesday, January 26, 2022, the Transportation Advisory Board received a substantially similar memo, report from Walker, and presentation. After questions, public comment, and a board discussion of the presentation, the Board voted 7-0 to recommend the City Commission support paid parking as a strategy to manage parking supply and demand in downtown. More detail can be found in the attached memo. UNRESOLVED ISSUES:No unresolved issues ALTERNATIVES:Alternatives as proposed FISCAL EFFECTS:There are upfront capital costs to any decisions. However, revenue generated from demand management strategies could cover these costs. Attachments: City Commission Memo--Parking Work Session Feb 1 2022-- Final.doc Pro Forma Report--City Of Bozeman--On-Street Parking.pdf Report compiled on: January 27, 2022 253 Page 1 of 6 MEMORANDUM REPORT TO:Bozeman City Commission FROM:Jeff Mihelich, City Manager Mike Veselik, Economic Development Program Manager RE:Parking Supply and Demand Management Work Session MEETING DATE:February 1, 2022 AGENDA ITEM: Work Session RECOMMENDATION: Provide direction to the City Manager and staff regarding the future of parking supply and demand management in the downtown core, specifically about on street paid parking. BACKGROUND: Parking in downtown Bozeman is a key component of the long- term health, vibrancy, and success of the downtown economy. Further, parking is only one part of a transportation movement. With the creation of the Transportation Advisory Board, the City of Bozeman now has the capacity to examine parking as one component to creating a robust transportation network. Taking steps toward creating supply and managing demand will allow the City to improve the transportation experience for all users. In 2016, the Bozeman Parking Commission adopted a Downtown Strategic Parking Management Plan (DSPMP).The DSPMP lays out 26 strategies to manage the downtown parking system. Since its adoption in 2016, the Parking Commission and staff have made significant progress on many of the goals. However, some of the most consequential goals remain outstanding. To solicit new community input on these goals, city staff undertook a community engagement effort in January, February, and March 2021. More than 100 residents and community members participated in several facilitated conversations. The goal of the engagement effort was to collect input from community members that do not attend monthly Parking Commission meetings. Staff received excellent input from the broader community including 1) desire for action rather than further analysis, 2) more active management effort in the downtown, and 3) exploration future supply if circumstances merit. The input from the community informed the work of the Parking Commission and staff through the end of 2021. 254 Page 2 of 6 At the April 2021 meeting, the Parking Commission adopted a work plan and formed two subcommittees based on the input from the community. The subcommittees consisted of a Policy Subcommittee and a Capacity Subcommittee. While the Policy Subcommittee focused on parking minimums, the Capacity Subcommittee focused on topics relating to 1) reducing demand in the downtown parking management district, 2) creating options for employees, 3) unlocking existing supply, and 4) creating new parking supply. The Capacity Subcommittee drafted a set of priorities for the new Transportation Board to consider in creating capacity. The Parking Commission adopted those priorities via Resolution 2021-06 including: 1. New standards for bike parking 2. Support for the expansion of public transit 3. Encouraging the City to enter into shared use agreements with downtown property owners 4. Creation of an employee permit program 5. Special event parking and transportation services 6. Support for additional research into the construction of new parking supply OCCUPANCY STUDIES OF DOWNTOWN: The main data point for decision making in parking services for downtown Bozeman is monitoring our occupancy numbers on-street and off-street in the downtown core so that Parking Services can efficiently identify trends in occupancy and take the appropriate actions to mitigate negative effects on the user experience. Prior to this summer, the last manual occupancy count was done in 2017. The City regularly monitors occupancy in the garage via fixed license plate reader (LPR) technology. Staff is in the process of installing standalone occupancy technology in all the surface lots. Measuring on-street occupancy is the hardest task. Cities across the country struggle with the best method to monitor on-street occupancy consistently without major capital investments. In June 2020, the City of Bozeman began to design a method for collecting on-street data using the city’s mobile LPR technology typically used for enforcement. Since then, staff has collected, analyzed, and sharedregular occupancy data for on-street public parking. During this development and trial period, staff noticed discrepancies in the data that were not aligning with observations. Therefore, to determine the accuracy of mobile LPR, staff contracted with Walker Consultants (Walker) to conduct an occupancy study of downtown public parking. 255 Page 3 of 6 Luckily, as Walker was conducting the study, staff discovered errors with the data that have been corrected. The map is now available on the city’s website and is updated with our most recent data. Even with the correct data coming in from mobile LPR collection, staff desired to have the most accurate collection method available to inform decisions—a manual occupancy count. A manual count is important because mobile LPR collection has a margin of error of +/- 10 percent. Therefore, a manual count can verify the accuracy of the mobile LPR collection and provide better information to make decisions. Walker shared the results of the study with staff and the Parking Commission in September and October, 2021. The study showed occupancy throughout the downtown area approaching or above 85%. The 85% rule is a widely accepted standard in the parking industry of a “full” block or off-street facility. At 85% occupancy, a parker can expect one open spot per block face in an on-street system or a few spots open in an off-street facility. Parking programs must increase management efforts to ensure parking remains readily available when systems regularly trip the 85% threshold. The best systems will have management tools in place long before the system is regularly at 85% and adjust the tools as needed to ensure parking remains available. CREATING SUPPLY AND MANAGING DEMAND:Regardless of how well Parking Services is able to manage demand, the City of Bozeman should continue exploring ways to create more options for parkers in the downtown Bozeman area. As new residents continue to move in, tourists choose to enjoy the beauty of our community, and businesses and developments locate downtown, they will look for a place to park their vehicles. Biking, walking, or taking public transit may not always be an option. Therefore, the City should continue to pursue shared-use agreements with willing partners in the downtown and attempt to unlock more private supply. However, that will likely not be enough. The City must take meaningful action to fund the creation of a new parking garage similar in size to the Bridger Park Garage. The simplest and easiest way to contribute to the construction of a new parking garage is for the City to provide funding to support the effort through an on-street paid parking program. On street paid parking is a way to manage demand and generate revenue to support future parking structures in the downtown area. Further, the users of the parking and transportation system are paying for improvements and expansion to said system. In addition, the 2016 Downtown Strategic Parking Management Plan calls for the City to explore a paid parking solution to expand parking supply when data demonstrates the need. The data 256 Page 4 of 6 illustrates a need for paid parking as one of many tools in the Parking Services program’s toolbox to manage parking in the downtown Bozeman area. With this in mind, after the required RFQ process, staff selected Walker Consultants (Walker) for a term contract to provide support to the program in exploring the options for paid on street parking in the downtown core. Walker provided a pro forma study of the revenue that could be generated by charging for on street parking. The figure below shows the rates that could be charged from May 1 through September 30, the time with the highest tourist demand on the system, and the amount of revenue generated. In all three rate scenarios, Walker calculated the cost of debt service on bonds issued to support the construction of a new parking structure. Staff are confident in the accuracy of the model because of Walker’s experience in the industry working with other municipalities and their conservative financial assumptions. UNINTENDED CONSEQUENCES OF PAID PARKING: An efficient paid on-street parking system could lead to unintended consequences like rent seeking behavior of parkers in the downtown—i.e. parking in unregulated areas outside of the downtown core. To remedy this potential negative outcome, past Parking Commissions and the City Commission adopted Ordinance 2033 in August of 2020 which allows for the creation of parking benefit zones (PBZ). A PBZ is an inclusive permit program that provides permits to residents in the permit area—eligible neighborhoods extend 1,000 feet from the downtown B-3 zone—first at a low rate and is enforced by the Parking Division. Should additional capacity exist in the system, the City could sell permits at a premium to commuters or others who do not qualify for a resident permit. Further, paid on-street parking could burden employees who park downtown for work, especially those in service industry jobs such as the hospitality and retail establishments. Staff proposes creating an employee permit program as 257 Page 5 of 6 recommended in Parking Commission Resolution 2020-06. The program will encourage employers to purchase permits for their employees by offering discounted permits for bulk purchases in the surface lots or parking garage. In addition, should paid on street parking generate enough revenue to cover all operational expenses, excess revenue could be used to subsidize permits for select users. Staff remains committed to addressing unintended consequences of creating a paid on street parking system as they arise. The system will require fine tuning as we learn how the public reacts to paid-on street parking downtown. Staff, the Transportation Board, the City Commission, and the general public must all work together to perfect the system. COMMUNITY ENGAGEMENT AROUND PAID PARKING: Staff believes the engagement conducted in the winter of 2021 provided sufficient public input on whether or not to pursue paid on street parking in the downtown core. Additionally, staff continues to discuss the parking system with the Downtown Bozeman Partnership, downtown property owners, business owners, and residents. Staff will, however, benefit from additional public input on the allocation of any additional revenue generated from paid on street parking beyond the basic costs of operating the system. The options staff would like to present to community members include 1) funding a new garage/additional supply, 2) a grant program to support multimodal transit projects, 3) funding streamline, and 4) subsidizing employee parking permits. ACHIEVING THE GOALS OF THE CITY OF BOZEMAN: The City Commission has adopted many plans and goals designed to provide a basis for the City to make policy decisions. Implementing paid on street parking to fund projects such as a new garage, more transit, bike and pedestrian transportation options, and an employee permit program meet several City goals including goals 2.2 Infrastructure Investments, 4.2 A High-Quality Urban Approach, 4.4 Vibrant Downtown Districts and Centers, 4.5 Housing and Transportation Choices, 6.3 Climate Action, and 7.3 Best Practices, Creativity, and Foresight. Additionally, implementing paid on street parking allows for the City to encourage additional uses of multimodal transportation. The City can make progress toward goals in the Strategic Plan (Urban Design),Climate Plan, Downtown Plan,and the Transportation Plan. TRANSPORTATION ADVISORY BOARD MEETING: On Wednesday, January 26, 2022, the Transportation Advisory Board received a substantially similar memo, 258 Page 6 of 6 report from Walker, and presentation. After questions, public comment, and a board discussion of the presentation, the Board voted 7-0 to recommend the City Commission support paid parking as a strategy to manage parking supply and demand in downtown Bozeman. CONCLUSION: Staff has conducted data collection showing a need for increased parking supply and a more active management strategy for parking demand. Paid on street parking is a proven method in communities across the country to manage a parking system and as a tool to increase parking supply. Paid on street parking allows for the City to place the cost burden of operating the system on the users of the system rather than assessing individual property owners or businesses. Further, the seasonal approach to paid on street parking allows the City to capture revenue when parking assets are in highest demand, mostly by out of town guests and daily visitors. Finally, revenues generated from paid on street parking provides the City with funds to invest in projects for the future of the transportation system and to support a thriving downtown. 259 January 13, 2022 Mike Veselik Economic Development Program Manager, Parking City of Bozeman 121 N. Rouse Avenue Bozeman, MT 59715 Re: Downtown Bozeman Preliminary Parking Proforma 23-008542.00 Dear Mr. Veselik: Walker Consultants is pleased to submit the enclosed report presenting the preliminary potential parking revenue, operating expenses, and net earnings associated with managing and operating a paid public parking system within the proposed Downtown Core of Bozeman, Montana. In the enclosed report, we project the preliminary potential annual parking demand for the public portion of the Downtown Core parking system. The projections rely on information compiled from field observations completed in August 2021, calibrating the anticipated seasonality of those demands to historical lodging and enplanement data provided by the City of Bozeman. We appreciate the opportunity to be of service to you on this project. If you have any questions or comments, please do not hesitate to call. Sincerely, WALKER CONSULTANTS Christina Jones, MBA, CAPP Andrew Vidor Consultant Director of Studies 10375 Park Meadows Drive, Suite 425 Lone Tree, CO 80124 303.694.6622 walkerconsultants.com 260 Project # City of Bozeman Preliminary Parking Proforma January 20, 2021 Prepared for: City of Bozeman 261 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 Contents Executive Summary 1 Project Background 5 Proposed Area 5 Parking Demand 6 Preliminary Proforma Assumptions 9 Revenue Assumptions 9 Future Parking Demands 9 Meter Violations & Citations 10 Parking Permits 10 Other Revenue Assumptions 11 Expense Assumptions 11 Debt Service Assumptions 25 Parking Access and Revenue Controls 13 Preliminary Proforma Results 15 Scenario 1. Cost Recovery 15 Scenario 2. Cost Recovery Plus 17 Scenario 3. Market Rates 19 On-Street Parking Rates 19 Off-Street Parking Rates 20 Parking Revenue Allocation Options 24 Appendices 27 Limiting Conditions 27 Walker Consultants 29 Revenue Methodology Summary 30 Operations and Maintenance Detailed Projections 31 262 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 1 Executive Summary Identified in the 2021 Study, the Downtown public parking supply consistently reaches and, in many areas, exceeds 85% occupied during much of the typical day, both during the week and on weekends. High, unbalanced utilization of public parking supplies may limit access to the area for residents, employees, and visitors, but it also limits further economic development potential. The City is exploring paid parking to manage parking demands, fund the existing operations and maintenance of the public parking system, and provide a funding source for future investment in additional parking and transportation demand management strategies. Implementation of paid parking can also reduce potential subsidizing of Downtown parking management with citywide property tax revenue from the General Fund. Instead, having those that use and benefit from it directly provide for its financial burden. This report presents the preliminary modeling completed to explore potential revenue generated by paid public parking within the Downtown Core under several rate scenarios. The scenarios included in the analysis are intended to identify rates that manage parking demands, provide for the ongoing operations and maintenance of the public parking system within the District, fund additional parking, and potentially support investment in transportation demand management strategies and Downtown access and mobility initiatives. Rate scenarios are summarized in Figure E1 with a graphical representation of their resulting potential net revenue and total expenses. Figure E2, on the following page, summarizes the projections per scenario in more detail. In each scenario, seasonal paid parking (collected May through September) was assumed to reduce potential impacts to residents and businesses and their employees. Parking fees charged year-round could substantially increase potential revenues or reduce the rates necessary to achieve cost recovery. For example. Cost Recovery Plus rates could decrease from $1.75 to $1.00 per hour on-street with off-street parking reduced from 1.00 to $0.50 per hour if parking fees are charged year-round and the model still projects enough potential revenue to cover debt service on a new parking structure and provide funding for reinvestment in the community. The potential net operating income is presented for the overall system and broken down to show the net income associated with the on-street and surface lots separate from the net income associated with the Bridger Garage. When built in 2009, the garage was funded by a combination of federal funding and a TIF bond. A requirement of the federal funding specifies that any revenue generated by the garage that exceeds its operations and maintenance must be used to fund transit. This means only net income generated by the on-street and surface lot spaces can be used to fund debt service on future parking supplies or for reinvestment other than transit. Figure E1. Hourly Parking Rate Scenarios Evaluated and Resulting Net Revenue and Expense Projections LOCATION COST RECOVERY COST RECOVERY PLUS MARKET RATES Peak* Off-Peak Peak* Off-Peak Peak* Off-Peak On-Street $ 0.75 Free $1.75 Free $ 1.50 Free Wilson Lots $ 0.50 Free $ 1.00 Free $ 1.00 Free Black Lot $ 0.50 Free $ 1.00 Free $ 1.00 Free Rouse Lot $ 0.50 Free $ 1.00 Free $ 1.00 Free Bridger Park Garage $ 0.50 Free $ 1.00 Free $ 1.00 Free *Peak months identified as May through September $0 $500,000 $1,000,000 $1,500,000 $2,000,000 Cost Recovery Cost Recovery Plus Market Rates Garage Net Revenue On-street & Surface Lots Net Revenue Operations, Maintenance, and Capital Funding 263 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 2 Figure E2. Potential Net Income per Scenario, Year 1 COST RECOVERY COST RECOVERY PLUS MARKET RATES Revenue Transient Revenue Permit Revenue Citation Revenue $ 607,800 $ 609,600 $ 27,900 $ 1,345,900 $ 609,600 $ 27,900 $ 1,215,500 $ 609,600 $ 27,900 Total Annual Revenue $ 1,245,300 $ 1,983,400 $ 1,853,000 Credit Card Fees $34,400 $55,600 $ 51,800 Net Revenue $ 1,210,900 $ 1,927,800 $ 1,801,200 Operating Expenses Labor Utilities Insurance Supplies Routine Maintenance License Fees & Permits Contracted Services $ 207,100 $ 42,100 $ 9,600 $ 21,400 $ 43,600 $ 840 $ 112,800 $ 207,100 $ 42,100 $ 9,600 $ 21,400 $ 43,600 $ 840 $ 112,800 $ 207,100 $ 42,100 $ 9,600 $ 21,400 $ 43,600 $ 840 $ 112,800 Total Operating Expenses $ 437,440 $ 437,440 $ 437,440 Net Operating Income (Loss) $ 773,460 $ 1,490,360 $ 1,363,760 Capital Reserve Funds $ 310,800 $ 310,800 $ 310,800 Year 1 Net Operating Income (Loss) after Capital Reserve Funds and Debt Service (Peak Only) System On-Street & Lots Garage $ 462,600 $ 178,000 $ 284,660 $ 1,179,560 $ 798,400 $ 381,160 $ 1,052,960 $ 671,800 $ 381,160 Year 1 Net Operating Income (Loss) after Capital Reserve Funds and Debt Service (Year-Round) System On-Street & Lots Garage $ 1,043,360 $ 663,500 $ 379,860 $ 2,465,860 $ 1,894,600 $ 571,260 $ 1,572,360 $ 1,001,100 $ 571,260 264 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 3 Figure E3. Potential Net Income per Scenario, Year 1 with Debt Service for New Garage COST RECOVERY COST RECOVERY PLUS MARKET RATES Revenue Transient Revenue Permit Revenue Citation Revenue $ 607,800 $ 609,600 $ 27,900 $ 1,345,900 $ 609,600 $ 27,900 $ 1,215,500 $ 609,600 $ 27,900 Total Annual Revenue $ 1,245,300 $ 1,983,400 $ 1,853,000 Credit Card Fees $34,400 $55,600 $ 51,800 Net Revenue $ 1,210,900 $ 1,927,800 $ 1,801,200 Operating Expenses Labor Utilities Insurance Supplies Routine Maintenance License Fees & Permits Contracted Services $ 207,100 $ 42,100 $ 9,600 $ 21,400 $ 43,600 $ 840 $ 112,800 $ 207,100 $ 42,100 $ 9,600 $ 21,400 $ 43,600 $ 840 $ 112,800 $ 207,100 $ 42,100 $ 9,600 $ 21,400 $ 43,600 $ 840 $ 112,800 Total Operating Expenses $ 437,440 $ 437,440 $ 437,440 Net Operating Income (Loss) $ 773,460 $ 1,490,360 $ 1,363,760 Capital Reserve Funds $ 310,800 $ 310,800 $ 310,800 Debt Service for Garage $ 642,500 $ 642,500 $ 642,500 Year 1 Net Operating Income (Loss) after Capital Reserve Funds and Debt Service (Peak Only) System On-Street & Lots Garage ($ 179,840) ($ 464,500) $ 284,660 $ 537,060 $ 155,900 $ 381,160 $ 410,460 $ 29,300 $ 381,160 Year 1 Net Operating Income (Loss) after Capital Reserve Funds and Debt Service (Year-Round) System On-Street & Lots Garage $ 400,860 $ 21,000 $ 379,860 $ 1,823,360 $ 1,252,100 $ 571,260 $ 929,860 $ 358,600 $ 571,260 The Seasonal Cost Recovery scenario is not projected to generate a net operating income sufficient to cover the debt service payment of a new parking structure. 265 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 4 Project Background 01 266 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 5 Project Background As discussed in the September 2021 Downtown Bozeman Parking Study, the downtown public parking system has been a part of several plans and studies over the past decade. A consistent theme of these plans is the high utilization of parking within the Downtown Core Area and the "85% Rule" outlined in the area's Strategic Parking Management Plan. This principle states, "when the parking supply is routinely occupied at 85% or greater during peak periods, more intensive and aggressive management strategies are called for to assist priority customers in finding available parking." Discussed further in the 2021 Study, when considered on its own, this "rule" fails to account for other factors that can and will have a significant impact on the parking system's operations and customer experience; factors such as traffic congestion, duration of stay and turnover, and enforcement practices, among others. The Downtown public parking supply consistently reaches and, in many areas, exceeds 85% occupied during much of the typical day, both during the week and on weekends, as identified in the September 2021 Study. High utilization and unbalanced demand can limit access to the area for residents, employees, and visitors and further economic development potential. The City is exploring paid parking to manage parking demands, fund existing operations and maintenance of the public parking system, and fund future investment in additional parking and transportation demand management strategies. Paid parking can also reduce potential subsidizing of Downtown parking management with citywide property tax revenue from the General Fund. Instead, having those that use and benefit from it directly provide for its financial burden. This report presents the preliminary modeling completed to explore potential revenue generated by paid public parking within the Downtown Core under several rate scenarios. The scenarios included in the analysis are intended to identify rates that manage parking demands, provide for the ongoing operations and maintenance of the public parking system within the District, fund additional parking, and potentially provide funding for reinvestment in the community. Proposed Paid Parking Area Using the results of the 2021 Study, the Downtown Core has been identified for consideration of paid parking in this preliminary revenue modeling effort. As shown in Figure 1, this area comprises 704 on-street spaces, 177 spaces located in four surface lots, and 435 spaces located in the Bridger Garage. 267 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 6 Figure 1. Downtown Core Parking Demand Based on the August 2021 field observations, there is potential to expand the paid area one block north and south of the Downtown core to include Lamme Street and Olive Street. However, an expansion of this nature would necessitate the implementation of a residential parking permit zone to ensure residents in these areas are not negatively impacted by additional parking fees. Because field collections occurred during typical peak conditions may not reflect the true year-round impacts of downtown parking on these transition areas. These corridors should be closely monitored for increases in parking demands and potential spillover of downtown parkers looking to avoid fees. Initially, this may be discouraged by using time limits and residential parking permits, as necessary. Table 1 summarizes the observed parking utilization within the B-3 District collected in August 2021 for each weekday and weekend afternoon observation, which are shown in Figure 2 and Figure 3, respectively. Table 1. Parking Utilization, August 2021 LOCATION INVENTORY WEEKDAY OCCUPANCY WEEKEND OCCUPANCY On-Street, Core Area 704 86% 77% Wilson Lots 69 100% 99% Black Lot 62 98% 100% Rouse Lot 46 85% 87% Bridger Park Garage 435 81% 59% TOTAL 1,346 85% 73% 268 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 7 Figure 2. Parking Utilization, August 2021 Weekday Afternoon Figure 3. Parking Utilization, August 2021 Saturday Afternoon 269 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 8 Preliminary Proforma Assumptions 02 270 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 9 Preliminary Proforma Assumptions In projecting the potential revenue associated with the public parking system within the Downtown Core, the analysis relies on several assumptions discussed in this section. As used in this report, an "assumption" is an axiom or proposition included in an analysis to project future performance or events. It is not a guarantee of performance or representation of a fact that will eventually exist or be attained or reached. Because of the assumptions' inherent uncertainty and probable variation, actual results will vary from estimated or projected results, and such variations may be material. Additionally, unforeseen and changed laws, technologies, events, or circumstances may occur after this engagement and completion of services, rendering this document obsolete. Revenue Assumptions Future Parking Demands Based on the field data collection, Walker projected the monthly parking transaction volumes using observed parking demands for a typical August weekday and Saturday, and historical bed tax and enplanement data provided by the City. With both metrics demonstrating a strong correlation with visitor behaviors and consistently trending, monthly factors were created based on the six-year average reflecting 2016 through November 2021, not including March through May 2020. To confirm potential impacts of pandemic behaviors did not disproportionately skew the results, the three-year average of 2019 to 2021 was compared to these monthly factors and their projected trends through 2021. Table 2 summarizes the resulting monthly factors used in the transient parking volumes in calculating potential revenues. As shown here, July is anticipated to be the peak parking demand month. Table 2. Monthly Factors Applied to Transient Parking Volumes to Reflect Seasonal Parking Demand Fluctuations OFF – PEAK PEAK OFF - PEAK JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 62% 63% 70% 49% 57% 85% 100% 98% 76% 62% 47% 60% Mountain towns and communities acting as gateways to national parks and areas popular for outdoor recreation often experience a seasonal influx of visitors. Due to snow removal requirements in the winter that may add restrictions to on-street parking and encourage the use off-street facilities, it is more common for these communities to rely on seasonal paid parking fee increases during peak visitor months to support the financial needs of the parking system. Seasonal paid parking can also help decrease the impact of visitor parking on residents and area businesses and their employees. For example, the Town of Estes Park provides free and time limited parking in the winter, with parking fees charged throughout their peak summer season. The City of Manitou Springs reduces their initial free period from 3 hours once per day in their off-season to 15 minutes once per day during their peak season. As we considered the impacts and potential revenue generation of the Downtown Bozeman public parking system, seasonal paid parking was modeling to reduce impacts to residents and employees. 271 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 10 In addition to seasonal fluctuations in parking demands, the model anticipates a 10% reduction in volume due to price elasticity. Originally published in 2004 and updated in November 2021, the Victoria Transport Policy Institute's Transit Price Elasticities and Cross-Elasticities notes a change from free to priced parking typically reduces drive-alone commuting by 10-30%. The greatest reduction is generally achieved if pricing is implemented with improvements in transit service and rideshare programs or other TDM strategies1. Of the vehicles anticipated to be lost due to the implementation of paid parking, it is assumed that 25% will want to convert to permits, and 75% will be lost to other modes of access and travel such as carpooling, rideshare, walking, or choosing alternative destinations. Meter Violations & Citations The revenue model also accounts for parkers who choose not to pay for their parking with variables for reductions to paid transactions due to violations and roll these violations through to potential citation revenue. Along these lines, it is assumed that 85% of parking sessions will comply and result in a transient revenue- generating transaction. Of those not captured, it is assumed that 75% of violations will be cited, and of those, 75% will be collected. For this effort, meter violations are set at $35, and no other potential citation revenue is included. Parking Permits Typical parking permit volumes and existing availability per facility have been provided by the City and incorporated into the model. The City's feedback shows that permit sales are consistent throughout the year, with several facilities often experiencing a waitlist. No monthly adjustment factors have been applied to these volumes based on the reported consistency of permit sales. Increases result from the transient parking assumptions and the inability of employees working the Downtown Core to move their vehicles to evade parking time limits. Permits are capped at the availability provided by the City. Table 3 summarizes the existing permit sales per facility, availability, and projected additional demand based on the previously outlined transient parking assumptions. As noted here, there is a projected unmet demand for parking permits that reflects the need for additional public parking supplies both now and in the future to support the continued economic development of the area and the considerable growth in both population and visitors in recent years. Table 3. Parking Permits per Facility LOCATION EXISTING PERMITS EXISTING AVAILABILITY CONVERTED TRANSIENT DEMAND On-Street, Core Area 0 0 28 Surface Lots 77 1 21 Bridger Park Garage 456 57 15 TOTAL 533 58 64 1 https://www.vtpi.org/tranelas.pdf 272 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 11 Other Revenue Assumptions Aside from parking demands, the field observations collected in August 2021 provided the average duration of stay for vehicles. To account for the ability to pay to stay, vehicles observed to move between concurrent collection periods were treated as one length of stay. For example, an observed vehicle parked at one location for 1 hour and 45 minutes and then moved to another location and was parked for 1 hour and 15 minutes was treated as a single 3-hour transaction for this analysis. Vehicles that left the study area and returned continued to be treated as separate lengths of stay. Credit cards are anticipated to account for approximately 95% of transient and permit transactions with a 3% transaction fee. Credit card fees are treated as a revenue reduction rather than an expense. Additionally, while typically treated similarly, no sales tax is accounted for in the modeling. While nine federal holidays are assumed in the model, parking is anticipated to be paid seven days per week, with Sunday experiencing approximately 80% of the parking volume observed for Saturday. Expense Assumptions Annual operating expense projections for the public parking system within the Downtown Core were developed using Walker's database of historical parking facility operating expenses and existing budget data previously provided by the City. The projected operating expenses assume the parking system will be managed and operated based on existing practices and through expansion of staff, as further detailed below. The projected labor costs shown in the model are based upon estimated staffing schedules developed by Walker using assumptions provided by the City. In contrast, all other expenses are projected on a cost-per-space basis. A brief description of the line-item categories included in the model follows below: • Salaries, Benefits & Workers' Compensation: The staffing plan, positions, and wage structure projected are projected to provide for the following positions: • Manager: 1.0 FTE, $40.06 per hour, 27.5% taxes and benefits. • Customer Service and Parking Enforcement: 2.0 FTE, $19.23 per hour, 26.0% taxes and benefits. • Maintenance Engineer: 1.0 FTE, $25.19 per hour, 26.0% taxes and benefits. • Utilities: Assumes the projected cost of electricity, water, and telephone services. • $0.0979 per kWh, based on the current average commercial rate for Bozeman, MT. • $64.63 annual lighting cost per off-street space. • Insurance: Includes the cost of general liability, garage keeper's legal liability, crime, umbrella, and auto insurance coverages; the cost of property insurance coverage is excluded from the model. • Assumed at $15 per off-street space. • Supplies: Includes the projected cost of garage and office supplies, parking tickets, forms, postage, replacement keycards for contract parking, lamps, bulbs, and employee uniforms. • Assumed at approximately $12.49 per space in aggregate. 273 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 12 • Routine Maintenance: Includes the anticipated annual expense to maintain the electrical system, re- lamping, life-safety systems, doors and locks, keys, parking equipment service agreements, waste removal, pest control, and routine maintenance. • The service agreement for parking access and revenue control systems and emergency service agreement represents a significant portion of the routine maintenance cost at approximately $14,000 annually. • Sweeping and restriping represent approximately $7.00 per space. • Maintenance of the fire prevention, drainage, and electrical systems are projected at approximately $13,000 annually • A CCTV System is included at approximately $3,000 per year. • Office equipment and miscellaneous repairs are estimated at $150 per month. • The cost of maintaining the elevators serving the parking garage is included at approximately $2,500 annually, not inclusive of elevator permits. • License, Permits & Fees: Assumes the projected cost for local business licenses and permits, driveway, and other permits paid to the local governing agency or agencies. • Licensing and permits for public operations of the parking system are anticipated at approximately $780 annually and limited to the annual elevator permits for the garage. As a public agency, it is anticipated that the parking system is not subject to any licensing fees or driveway permits. • Contract Services: Includes the projected expense per space for accounting and consulting services and legal fees. • Custodial services for off-street facilities are assumed to continue to be provided at the existing per space cost expanded for all off-street facilities, or approximately $1,925 annually. • Accounting and legal fees of $3,000 per year are included. • Waste removal for the off-street facilities is projected at $100 per month, with pest control at $80 per month. • Annual structural inspections for off-street facilities are included at $2,000 annually. • Snow removal is included at approximately $68,774 annually for off-street facilities. In addition to the typical expenses incurred in the operation of a public parking system, Walker also recommends that parking asset owners set aside funds on an annual basis to help pay for future capital repairs and maintenance needs. This sinking fund is intended to provide for major equipment replacement and structural maintenance and repairs, including items such as the following: • Elevator replacement • Fire protection and storm drainage piping replacement • Lighting fixture replacement • Parking access and revenue control system (PARCS) replacement • Parking lot crack sealing, pothole repairs, resurfacing, etc. • Expansion joint replacements • Repairing or replacing topping membranes • Routing and sealing of joints and cracks • Repair or replacement of expansion/construction joints • Major structural repairs to stairs, floors, columns, and beams The typical annual sinking fund set aside recommended by Walker is 1% of the per space construction cost of the facility or $250 per space. 274 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 13 Parking Access and Revenue Controls Based on input by City staff, multi-space meters for license-plate-based payments are anticipated for Downtown Bozeman to integrate with existing mobile license plate recognition (LPR) equipment. However, the specific brand and placement and infrastructure needs have yet to be determined. Additionally, the off-street parking facilities' parking access and revenue control systems have not been identified. This effort assumes that approximately 66 payment kiosks at an initial cost of $12,000 per kiosk that accepts cash and credit cards and $10,000 per kiosk that accepts only credit cards. In additional payment hardware, fixed LPR supporting a gateless operation at the Bridger Garage is included at a budget of $19,000. Management software and infrastructure improvements to support these technologies are projected at approximately $48,000. Variations in technologies chosen to manage the system, optional features, and vendor financing options may differ from these assumptions. 275 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 14 Preliminary Proforma Results 03 276 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 15 Preliminary Proforma Results Using the assumptions outlined in the previous section, Walker projected parking the potential net income for the public parking system under three rate scenarios. These scenarios included: Cost Recovery The cost recovery rate scenario identifies minimum rates necessary projected to provide for the operations and maintenance of the existing public parking system and the debt service of a future parking structure. Cost Recovery Plus The cost recovery plus scenario builds on the base cost recovery structure, increasing rates to provide funding for reinvestment within the community. Market Rates The market rate scenario evaluates a rate schedule developed based on the parking fees charged by peer and aspirational agencies. Scenario 1. Cost Recovery Under the Cost Recovery scenario, parking rates are identified to provide the lowest rate necessary to provide for the parking system's operations and maintenance. With peak season on-street parking priced at $0.75 per hour and off-street at $0.50 per hour, and off-peak season parking continued to be provided free with time limits, the parking system is projected to net just over $462,660 annually, as summarized in Table 4 on the following page. However, because net operating income from the Bridger Garage must be allocated to transit service, the on- street and surface parking lots must absorb the full burden of any potential reinvestment in the community beyond transit. The net operating income not including the Bridger Garage is projected at approximately $178,000 per year. This projects approximately $284,660 annually in potential transit funding from the operations associated with the garage. While this scenario maintains existing permit rates and free parking during the off- season, the rates may severely limit the ability to reinvest in the District's access and mobility future beyond transit services funded by the garage. As discussed more in the Parking Revenue Allocation Options section on Page 23, this scenario would not provide for the full amount of the debt service necessary to fund a new parking structure. Figure 4 summarizes the seasonality of the parking revenue anticipated in the initial stabilized year compared to the system's expenses. Figure 4. Preliminary Proforma Results, Cost Recovery Year 1 $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 Total Capital Repairs & Replacement Funding, System Total Operating Expenses, System Net Revenue, System 277 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 16 Table 4. Proforma Results, Cost Recovery Year 1 System On-street & Surface Lots Garage Revenue Transient Revenue $607,800 $508,200 $99,600 Permit Revenue $609,600 $58,800 $550,800 Citation Revenue* $27,900 $21,100 $6,800 Total Revenue $1,245,300 $588,100 $657,200 Credit Card Fees $34,400 $15,900 $18,500 Net Revenue $1,210,900 $572,200 $638,700 System On-street & Surface Lots Garage Operating Expenses Labor - Taxes & Benefits $207,100 $140,000 $67,100 Utilities - Electric & Telephone $42,100 $28,200 $13,900 Insurance - GL/GKLL $9,600 $6,000 $3,600 Supplies $21,400 $14,300 $7,100 Routine Maintenance $43,600 $29,300 $14,300 License Fees & Permits $840 $0 $840 Contracted Services $112,800 $63,600 $49,200 Total Operating Expenses $437,440 $281,400 $156,040 Net Operating Income (Loss), Before Reserve Funding $773,460 $290,800 $482,660 Capital Repair & Replacement Fund Technology $88,800 $81,600 $7,200 Parking Supply $206,400 $26,400 $180,000 Lighting System Replacement $15,600 $4,800 $10,800 Total Capital Repairs & Replacement Funding $310,800 $112,800 $198,000 Net Operating Income (Loss), After Reserve Funding $462,660 $178,000 $284,660 *Citation revenue is representative of only the violations related to the assumptions outlined on page 9. Should parking be implemented year-round, rather than seasonally, preliminary modeling results in a potential net income of $1,043,360 with on-street rates at $0.75 on-street and $0.50 per hour off-street maintained year-round. In this scenario, $379,860 in potential net operating income is attributable to the garage, with approximately $663,500 potential revenue projected for the on-street and surface lots. 278 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 17 Scenario 2. Cost Recovery Plus Under the Cost Recovery Plus scenario, parking rates are identified to provide the rate necessary to provide for the parking system's identified needs and generate additional positive net revenues intended to reinvest in the District's access and mobility. Expenses include the parking system's operations and maintenance. With peak season on-street parking priced at $1.75 per hour and off-street at $1.00 per hour, the parking system is projected to net approximately $1,179,560 in potential net income. As summarized in Table 5 on the following page, approximately $798,400 of this potential net income is attributable to the on-street and surface lot spaces, while $381,160 is projected to be generated by the garage. This scenario provides reinvestment opportunity in the District's access and mobility future, including potential coverage of debt financing for a new parking structure, and the increased differential in on- and off-street parking locations will encourage efficient distribution of parking demand. While this scenario does present the highest rates evaluated, they are relatively in line with market rates. Figure 5 summarizes the seasonality of the parking revenue anticipated in the initial stabilized year compared to the system's expenses. Figure 5. Proforma Results, Cost Recovery Plus $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 Total Capital Repairs & Replacement Funding, System Total Operating Expenses, System Net Revenue, System 279 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 18 Table 5. Proforma Results, Cost Recovery Plus Year 1 System On-street & Surface Lots Garage Revenue Transient Revenue $1,345,900 $1,146,900 $199,000 Permit Revenue $609,600 $58,800 $550,800 Citation Revenue* $27,900 $21,100 $6,800 Total Revenue $1,983,400 $1,226,800 $756,600 Credit Card Fees $55,600 $34,200 $21,400 Net Revenue $1,927,800 $1,192,600 $735,200 System On-street & Surface Lots Garage Operating Expenses Labor - Taxes & Benefits $207,100 $140,000 $67,100 Utilities - Electric & Telephone $42,100 $28,200 $13,900 Insurance - GL/GKLL $9,600 $6,000 $3,600 Supplies $21,400 $14,300 $7,100 Routine Maintenance $43,600 $29,300 $14,300 License Fees & Permits $840 $0 $840 Contracted Services $112,800 $63,600 $49,200 Total Operating Expenses $437,440 $281,400 $156,040 Net Operating Income (Loss), Before Reserve Funding $1,490,360 $911,200 $579,160 Capital Repair & Replacement Fund Technology $88,800 $81,600 $7,200 Parking Supply $206,400 $26,400 $180,000 Lighting System Replacement $15,600 $4,800 $10,800 Total Capital Repairs & Replacement Funding $310,800 $112,800 $198,000 Net Operating Income (Loss), After Reserve Funding $1,179,560 $798,400 $381,160 *Citation revenue is representative of only the violations related to the assumptions outlined on page 9. Should parking be implemented year-round, rather than seasonally, preliminary modeling results in a potential net income of $2,465,860 with on-street rates at $1.75 on-street and $1.00 per hour maintained year-round. In this scenario, $571,260 in net operating income is attributable to the garage, with just under $1.9 million potential revenue projected for the on-street and surface lots. 280 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 19 Scenario 3. Market Rates Under the Market Rate scenario, parking rates are based on those charged at peer and aspirational agencies. Parking rates of four peer agency core main street areas and Montana State University were analyzed to inform market rate conditions. Agencies included in this analysis are Missoula, MT; Bend, OR; Estes Park, CO; and Provo, UT, are were chosen due to one or more of the following reasons: • population served • active downtown/main street area • university presence • geographic proximity to a national park • similar climate consideration • seasonal tourism is driven by outdoor recreation On-Street Parking Rates Table 6 outlines on-street public parking rates and restrictions for each agency. Table 6. On-Street Public Parking Rates per Agency PEER CITY/TOWN PRICE CATEGORY RATE TIME RESTRICTIONS NOTES City of Provo, UT All Users Free 2 Hours Provo is considering implementing on-street paid parking near BYU as of November 2021 and the existing residential parking permit program. City of Bend, OR All Users Free 2 Hours Downtown Core area City of Missoula, MT Visitors Hour 1 $1.00 Hour 2 $1.00 Hour 3 $1.50 Hour 4 $2.00 Hour 5 $2.50 Hour 6 $3.00 Hour 7 $3.50 Hour 8 $4.00 Mon-Sun, 9 AM - 5 PM $18.50 Daily max fee Rate for visitors Employees & Residents $1.00 per hour Mon-Sun, 9 AM - 5 PM $2.00 Daily max fee $35.00 per month permit available for select locations Town of Estes Park, CO Winter Free 1-3 Hours Select streets Summer $2.00 per hour Mon-Sun, 10 AM - 6 PM Along Park Lane Free 1-3 Hours Select streets Average per Hour (First Two Hours) $1.50 Excludes special rates for employees and residents Average per Hour (Every Hour After 2 Hours) $2.64 281 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 20 Only the City of Missoula charges for on-street public parking year-round of the four agencies reviewed. The City of Missoula currently uses a graduated rate schedule for its core-area on-street public parking, increasing 50 cents for every hour past the first two hours, up to a maximum possible daily parking fee of $18.50. In Missoula, employees and residents qualify for alternative lower rates. However, the City of Estes Park charges for on-street parking along select streets during the summer, reflective of their peak visitor period between May and October. However, residents within the Estes Parking R3 School District, with proof of residency, may apply for a Local Permit that provides 60 minutes of free parking per day in paid facilities, including on-street paid areas. The average rate per hour for on-street parking for the first two hours is $1.50. The average rate for every hour after the first two hours is $2.64 per hour. The average daily max rate for paid on-street parking is $17.25. All agencies included in the analysis impose a time restriction for its on-street public parking, at least during enforcement hours, ranging from 1 to 4 hours. Off-Street Parking Rates Table 7, on the following page, outlines off-street public parking rates observed for the four agencies and Montana State University. The City of Bend offers an income-qualifying discount for monthly permits in the Centennial Garage and Newport Ave Lot. Those that qualify for the discount must make less than $17 per hour, including any applicable tips, and there is no requirement for the number of hours the wage is applied in a pay period. While Estes Park does not provide a monthly permit option, they provide an option for a $10 overnight parking pass during its seasonal paid period in one of its public parking facilities. The City of Missoula provides parking permit options for both their off-street facilities and select on-street locations. Permits are location specific with off-street facilities ranging from $40 to $85 per month, based on if it is a surface lot or structure and demand for the facility. On-street permits are specific to a designated block and cost $35 per month. Four have current permit availability of the City of Missoula's 26 permitted facilities and blocks. The remaining 22 have reached their maximum permit allocations. Table 7 includes a sample of several representative parking facilities, but it does not represent all of the City's managed facilities. 282 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 21 Table 7. Off-Street Public Parking Rates per Agency AGENCY FACILITY HOURLY RATE PERMIT RATE NOTES City of Provo Town Square Garage $2 per entry NA Mon-Sun, 6 AM - 2 AM Wells Fargo Tower Garage Free NA 2 hours max Utah State Garage Utah County Parking Lot Utah County Garage City of Bend Mirror Pond Lots $1 per hour NA 6 hours max Greenwood Wall Lot $1 per hour NA 4 hours max Troy Field Lot $1 per hour up to 6 hours $ 10-day rate (7+ hours) NA Newport Lot $20 per month Centennial Garage $40 per month City of Missoula Bank Street Structure $1 per hour $75-85 per month Mon-Fri, 8 AM-5 PM New Park Lot $60 per month Kiwanis Park Lot NA $40 per month Engine Lot NA $50 per month Central Park Structure 1st hour free then $1.00 per hour $75-85 per month Mon-Fri, 8 AM-6 PM Park Place Structure $85 per month Roam Structure Town of Estes Park Winter All Public Surface Lots Free NA Visitor Parking Structure Summer Surface Lots (All but W. Riverside Lot) Free Resident permits provide up to 60 minutes per day. They are free but require preregistration. Employee permits are $40 per year Loading permits are $80 per year and apply mainly to tour operators. Mail and package delivery and commercial freight for essential goods are exempt. West Riverside Lot Free, limited to 3 hours Seasonal Paid Public Parking Lots (8 Lots) $2 per hour Mon-Sun, 10 AM-6 PM May 28-Oct 17 Visitor Parking Structure Free $10 per night Montana State University Parking Garage $5 for the 1st hour, then $2.50 per hour $12 daily max $630 per year $365 per Fall or Spring semester only 6 AM-8 PM Lot 16 NA $860 per year Lot 24 NA $560 per year $325 per Fall or Springs semester only Harrison St. Lot $4 for the 1st hour, then $1.00 per hour $8 daily max NA 6 AM-6 PM 283 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 22 With peak season on-street parking priced at $1.50 per hour and off-street at $1.00 per hour, the parking system is projected to net a potential $1,052,960 annually. As summarized in Table 8 on the following page, approximately $671,800 of this potential revenue is projected to be generated by the on-street and surface lot spaces. The $381,160 in potential revenue projected from the garage is required to be invested in transit services per the requirements of its original funding agreement. This scenario provides reduced potential reinvestment opportunity in the District's access and mobility future and the reduced differential in on- and off-street parking locations may not have as strong an influence in efficiently distributing the parking demand as alternative rate structures. Additional investment in signage and wayfinding may also be necessary to achieve the demand distribution goals. Figure 6 summarizes the seasonality of the parking revenue anticipated in the initial stabilized year compared to the system's expenses. Figure 6. Proforma Results, Market Rates Year 1 $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 Total Capital Repairs & Replacement Funding, System Total Operating Expenses, System Net Revenue, System 284 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 23 Table 8. Proforma Results, Market Rates Year 1 System On-street & Surface Lots Garage Revenue Transient Revenue $1,215,500 $1,016,500 $199,000 Permit Revenue $609,600 $58,800 $550,800 Citation Revenue* $27,900 $21,100 $6,800 Total Revenue $1,853,000 $1,096,400 $756,600 Credit Card Fees $51,800 $30,400 $21,400 Net Revenue $1,801,200 $1,066,000 $735,200 System On-street & Surface Lots Garage Operating Expenses Labor - Taxes & Benefits $207,100 $140,000 $67,100 Utilities - Electric & Telephone $42,100 $28,200 $13,900 Insurance - GL/GKLL $9,600 $6,000 $3,600 Supplies $21,400 $14,300 $7,100 Routine Maintenance $43,600 $29,300 $14,300 License Fees & Permits $840 $0 $840 Contracted Services $112,800 $63,600 $49,200 Total Operating Expenses $437,440 $281,400 $156,040 Net Operating Income (Loss), Before Reserve Funding $1,363,760 $784,600 $579,160 Capital Repair & Replacement Fund Technology $88,800 $81,600 $7,200 Parking Supply $206,400 $26,400 $180,000 Lighting System Replacement $15,600 $4,800 $10,800 Total Capital Repairs & Replacement Funding $310,800 $112,800 $198,000 Net Operating Income (Loss), After Reserve Funding $1,052,960 $671,800 $381,160 *Citation revenue is representative of only the violations related to the assumptions outlined on page 9. Should parking be implemented year-round, rather than seasonally, preliminary modeling results in a potential net income of $1,572,360 with on-street rates at $1.50 on-street and $1.00 per hour maintained year-round. In this scenario, $571,260 in net operating income is attributable to the garage, with just over $1 million potential revenue projected for the on-street and surface lots. 285 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 24 Parking Revenue Allocation Options Reinvesting a portion of the net operating income from paid parking operations is a concept that is being implemented in communities across North America. Proceeds can be used to reinvest in the district(s) from which they are collected. The funds can be used to fund specific transportation demand management initiatives. A Parking Revenue Allocation Policy for the City of Bozeman’s parking program should identify how net returns are distributed, and the ability to reinvest a portion of the net income to be reinvested into the area within which they were collected. The policy should identify ways to make these investments and how the funds are managed. The below list provides examples of how communities have reinvested net operating income generated by their parking departments: • Additional parking supplies • Gateway improvements • Roadway improvements • Corridor landscaping and design • New parking supplies • Reconfiguration and improvements to existing parking supplies • Streetscaping • Holiday decorations • Bicycle infrastructure • Signage and wayfinding • Bike/scooter program • Trail development and maintenance • Alley improvements such as art installations and lighting upgrades • Upgraded parking technology to improve customer experience • Long term planning initiatives • District security • Free or subsidized district circulator shuttle services • Sidewalk improvements • Provide discounted or free parking or transit for o Active and retired members of the military o Personal attendants and aides accompanying passengers with mobility or medical needs o Seniors o Students o Individuals with Disabilities o Individuals that have a household income at or below an established percentage of the Federal Poverty Level or Area Median Income The Parking Revenue Allocation Policy could identify general guidelines for fund allocation as percentage of net revenues rather than a set dollar amount. The final allocation and policy should consider the City’s goals for economic development and sustainability and align with any Master or Transportation Plan for the community and B-3 District. 286 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 25 Debt Service for a New Parking Structure A new parking structure is assumed at the cost of approximately $16,590,000. The location and structure combination presenting the second highest cost from the Downtown Parking Structure Matrix Cost Projections was chosen to provide a higher expense projection of that would lead to a more conservative evaluation of a rate scenario’s ability to fund the cost. The highest parking structure cost option evaluated in that matrix was noted as privately held land owned by an unwilling partner and was therefore not included. Similarly, to provide a conservative potential net income projection, the lowest TIF funding contribution projected by the City was included to reduce the amount to be funded. The amount assumed to be provided by TIF funds is $7,551,940, leaving $9,038,060 to be funded. Using the financing terms provided by the City of 3.615% and 20 years, an annual level debt service payment of approximately $642,563 was calculated. Figure 7 summarizes the ability of the existing parking system to fund the debt service of a new parking structure based on the net income after reserve funding of the on-street and surface lot spaces. Because net income from the garage is restricted, it is not included in this evaluation for debt service coverage. It should be noted, however, that once a new structure is brought online, its operations and maintenance will increase the overall the system’s operations and maintenance expenses, which are not reflected here. To that same end, a new parking structure could accommodate latent and new parking demands not currently reflected due to the existing’s system limited capacity and high utilization. Figure 7. Debt Service Potential Coverage by Existing Parking System per Scenario $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000 $2,000,000 Cost Recovery Rates Cost Recovery Plus Rates Market Rates Seasonal Paid Parking NOI Annual Paid Parking NOI Debt Service on New Garage 287 Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS | 26 Appendices 04 288 DRAFT Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS.COM WALKER CONSULTANTS | 27 Appendices Limiting Conditions RELIANCE ON INFORMATION PROVIDED BY OTHERS - Any estimates or projections provided by WALKER will be premised upon assumptions provided by the CLIENT. As used herein, an "assumption" is an axiom or proposition included in an analysis to project future performance or events. It is not a guarantee of performance or representation of a fact that will eventually exist or be attained or reached. CLIENT fully understands that WALKER must utilize such "assumptions" to perform feasibility or other analyses. Furthermore, CLIENT fully understands that WALKER is not an auditor or a certified public accountant and will not independently review or investigate misrepresentations, fraud, misappropriation, completeness or accuracy of the information or assumptions provided by CLIENT, its agents, representatives, or others supplying information or data to WALKER for its use in performance of the Services. WALKER may draw certain assumptions from its past work on other projects of similar or like nature, and will do so in a manner consistent with the standard of care within the profession. CLIENT fully understands that, because of the inherent uncertainty and probable variation of the assumptions, actual results will vary from estimated or projected results and such variations may be material. As such, WALKER makes no warranty or representation, express or implied, as to the accuracy of the estimates or projections. FINANCIAL PROJECTIONS - WALKER may compile, from information and assumptions provided by CLIENT, projections and related prospective statements of income, expenses and cash flow. CLIENT is responsible for representation about its plans and expectations and for disclosure of significant information that might affect the Services. WALKER is not CLIENT's investment advisor or advocate. The actual results achieved will vary from the projections and variations may be material. CHANGES IN ASSUMPTIONS AFTER COMPLETION OF SERVICES – Unforeseen and changed laws, technologies, events or circumstances may occur after the course of this engagement and completion of Services which may render the Documents obsolete. WALKER has no responsibility to inform CLIENT about changed circumstances impacting projections and does not have any responsibility to update Documents for events and circumstances occurring after delivery of Documents to CLIENT. CONSEQUENTIAL DAMAGES – To the fullest extent permitted by law, neither the CLIENT nor WALKER, shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the services or projections provided under this agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation and any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. NO THIRD-PARTY BENEFICIARY – CLIENT understands that the Documents are prepared for CLIENT's internal management use only and that Documents are for CLIENT's sole benefit and no third-party beneficiary is implied. CLIENT agrees to obtain WALKER's prior written permission before distributing a copy of the Documents to anyone other than a member of its internal management. If CLIENT distributes a copy of the Documents to any person or entity other than its internal management, CLIENT fully 289 DRAFT Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS.COM WALKER CONSULTANTS | 28 understands that it does so at its own risk, and WALKER assumes no liability or responsibility therefor or the consequences thereof and CLIENT hereby agrees to indemnify and hold harmless from and against any and all claims or causes of actions for damages or loss against WALKER by such person or entity as a result of said person's alleged reliance on the Documents. USE OF DOCUMENTS - CLIENT agrees not to use documents in a transaction in which one relies on the accuracy of projections, and WALKER assumes no responsibility for CLIENT's actions in its use of the documents in such transactions. Further, any use of documents for modifications or extensions of the services, new projects, or completion of this project by others, without WALKER'S specific written consent, will be at CLIENT's sole risk. STATUTE OF LIMITATION – Parties agree that all legal action by one party against the other arising out of this Agreement or connected with the Services shall be barred and no such claim shall be initiated by either party after four (4) years have passed from the date the Documents were delivered to the CLIENT, unless applicable statute of limitation sets a shorter period. LIMITATION OF REMEDIES - WALKER'S liability to CLIENT as a result of acts, errors or omissions of WALKER shall be limited in the aggregate to the fee for the associated effort. MEDIATION – If any dispute arises among the parties hereto, the parties agree first to try in good faith to settle the dispute by mediation before resorting to litigation. Costs of any mediation proceeding shall be shared equally by all parties. MUNICIPAL FINANCIAL ADVISOR – Walker Consultants is not registered with the U.S. Securities and Exchange Commission ("SEC") as a municipal financial advisor. As such, Walker's consultation will be limited to engineering advice based on site and/or economic feasibility; Walker will not be recommending a specific financial structure or vehicle for consideration, nor will Walker recommend a specific financial plan. For those services, the owner/client should seek counsel from a qualified municipal financial advisor. Any opinions or views provided by Walker are not intended to be, and do not constitute, advice within the meaning of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. 290 DRAFT Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS.COM WALKER CONSULTANTS | 29 Walker Consultants Walker has worked with many mountain towns, destination communities, and college towns along the Rocky Mountain range and throughout the United States. Through these engagements, we have learned the unique challenges these communities face. The parking and mobility decisions you make are affected by the environment, Town/Gown relationships, and often competing needs between your residents, students, businesses, and visitors. Additionally, the synergy of programs is even more critical when you have a destination center in your community such as the gateway to Yellowstone National Park and Big Sky. Working with municipalities, state agencies, universities, resorts, and developers, the projects we have had the opportunity to work on span a great deal of variety, including planning, design, operations, and preservation. While the type of work has varied, the common theme focuses on the user of the system. Founded in 1965, Walker Consultants has completed 325 financial studies supported by over 300 professionals across its 22 offices. Walker is one of the few firms nationwide that has a proven track record of parking system financial analysis. Our firm has been involved in many of the major parking- related monetization arrangements that have closed in the last decade. This includes transactions such as the Ohio State parking concession agreement, the Chicago Park’s District asset monetization, the City of Pittsburgh downtown parking monetization, and similar investigations by Indiana University, the City of Cincinnati, the University of Kansas, and the University of Florida. Based on our work with asset owners and operators, Walker maintains a database of income and expense statements for over 500 stand-alone parking facilities throughout the U.S. This database is leveraged to ensure that our financial analyses reflect realistic estimates of operating expenses for a given market. From a single facility to much larger systems, Walker is a trusted name in providing due diligence, market analysis, income and expense proformas, and other services for the purposes of bond financing and/or the sale of parking assets. In the past, our work has been specifically requested by well-known financial advisors and underwriters including Goldman Sachs, Morgan Stanley, HSE & Co., Ernst and Young Investment Advisors, and Royal Bank of Canada (RBC). 291 DRAFT Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS.COM WALKER CONSULTANTS | 30 Revenue Methodology Summary • Parking volume is based on data collected August 2021. Data was collected during a representative period in the peak summer season. • Seasonal, monthly calibration applied using and checking against the Bed Tax trends (1987-2021) and enplanements (2016-2021). • We also looked at the trends not including 2020-2021 to ensure pandemic did not skew trends. • No background population or tourism growth factor applied to remain conservative. • Sunday is assumed to operate at approximately 80% of the Saturday volume. • Assumed 10%, or 1 in 10, current parkers to be price sensitive (approximately 125 vehicles on a typical August weekday). o Of these price sensitive parkers, 25% would want to purchase a permit rather than pay hourly (32 parkers on each the weekdays and weekends). o Of these price sensitive parkers, 75% would find alternative transportation to the area or an alternative destination (93 parkers on a typical August weekday). o Other than conversion of hourly to permit parkers, no additional permit demand was included to remain conservative. • No additional development of other new parking demand is assumed to remain conservative. • We assumed 15% of hourly parkers would not pay the meter fee. o Of these violators, 75% are assumed to receive a citation. o Of those cited, 75% of fines are assumed to be collected. o No other enforcement revenue is included to remain conservative. o No seasonal adjustment is included in the year-round projections to reflect reduced visitor presence (residents generally need less ongoing education and are more incentivized to pay fines). 292 DRAFT Downtown Bozeman Preliminary Parking Proforma 23-008542-00 WALKER CONSULTANTS.COM WALKER CONSULTANTS | 31 Operations and Maintenance Detailed Projections Year 1 Garage On-Street and Surface Lots OPERATING EXPENSES Spaces 1,337 435 902 Labor - Taxes & Benefits 207,000 67,300 139,700 Sub-Total - Labor (refer labor tab detail)163,300 53,100 110,200 Sub-Total - Taxes/Benefits/W/C. (refer labor tab detail)43,664 14,200 29,464 Utilities - Electric & Telephone 42,000 13,700 28,300 Total lamp plus ballast watts 190 Annual Hours of Operation (hours/day x 365 days/yr.)24 8,760 Annual kW hours per fixture (watts x hrs. / 1,000)1,664 Local Cost (per kWh) 0.0979$ - Annual Cost per Fixture 162.94$ Lamp Spacing (coverage area / sq. ft.)900 Annual Lighting (cost / sq. ft.)0.181$ Parking Stall Size (sq. ft.)357 Annual Lighting Cost (per space)64.63$ Number of Spaces in Parking Structure 612 Electric (cost / month)3,296.37$ 12 39,600 12,900 26,700 Telephone (cost / month)200.00$ 12 2,400 800 1,600 Insurance - GL/GKLL 9,200 3,000 6,200 Garage Liability (= $ / space)15.00$ 612 9,180 3,000 6,180 Supplies 21,800 7,100 14,700 Parking Tickets (cost / space/ year)2.45$ 1,337 3,276 1,100 2,176 Printed Forms (cost / space / year)2.90$ 633 1,836 600 1,236 Office Supplies (cost / space)3.00$ 633 1,899 600 1,299 Garage Supplies (cost / space)6.00$ 1,337 8,022 2,600 5,422 Uniforms ( cost / employee / year x FTE)1,700.00$ 4.00 6,800 2,200 4,600 Routine Maintenance 43,300 14,100 29,200 Drainage System (cost / sq. ft.)0.020$ 155,295 3,106 250 2,856 Electrical - Relamping (cost / sq. ft.)0.010$ 155,295 1,553 1,500 53 Domestice Backflow Mtc 250.00$ 1 250 100 150 Fire - Fire Ext. and cabinets 2,000.00$ 1 2,000 2,000 - Fire System Testing and Monitoring 1,650.00$ 1 1,650 1,650 - H.V.A.C. annual certification and mtc 2,000.00$ 1 2,000 3,500 (1,500) Line Striping (cost / space) 50% of total spaces annually 7.00$ 633 4,431 1,400 3,031 License plate recognition (LPR) system (10% of initial cost / year)4,700.00$ 2 9,400 3,100 6,300 Access & Rev. Control Equip. - Service Agreement (10% of initial cost / year)$2,800 1 2,800 900 1,900 Access & Rev. Control Equip. - Emergency Service (cost / month)150.00$ 12 1,800 600 1,200 Sand and Soil Seporator Maintenance $10,000 1 10,000 10,000 - Elevator Cabs 2 Elevator - Maintenance Agreement (cost/ cab/ occurence)125.00$ 4 1,000 1,000 - Elevator monitoring & repairs 1 1,480 1,480 - Office Equipment (cost / month)100.00$ 12 1,200 400 800 Miscellaneous Repairs (cost / month)50.00$ 12 600 200 400 License Fees & Permits 800 800 - Elevator Permits (annual cost / cab)390.00$ 2 800 800 - Contracted Services 112,500 48,900 63,600 Security - Unarmed (rate/hr. x annual hours)45.00$ 365 16,425 5,300 11,125 Custodial Service (monthly invoice fee by contract x 12 months)1,925.00$ 12 23,100 4,200 18,900 Accounting Fees (cost/year)2,000.00$ 1 2,000 700 1,300 Legal Fees (cost/year)1,000.00$ 1 1,000 300 700 Snow Removal (annual budget per space)129.03$ 533 68,774 38,000 30,774 Waste Removal (cost / month)100.00$ 12 1,200 400 800 Annual Building Inspection (per structure)2,000.00$ 1 2,000 2,000 - Total - Operating Expense 436,600 154,900 281,700 293